A military attorney representing a service member has the right to review any and all documents that are being used to make a decision about their client’s career. If a local command prepares a summary of an issue to be sent to a higher headquarters, that summary becomes part of the official record of the case. The service member and their attorney have a due process right to review that summary to ensure it is accurate and complete.
If an attorney learns that such a summary has been submitted without them having a chance to review it, they would take immediate action. They would formally contact the higher headquarters that received the summary, inform them that they represent the soldier in question, and state that they have not been provided a copy of the command’s submission. They would object to any decision being made until they have had a reasonable opportunity to review the summary and submit a rebuttal on their client’s behalf.
This intervention is crucial to ensure fairness. The command’s summary is likely to present the facts in a light that is most favorable to the command’s own position. The attorney’s review and potential rebuttal ensure that the higher-level decision-maker receives a complete and balanced picture, including the soldier’s perspective and legal arguments, before a final, potentially career-altering decision is made. This protects the soldier from being harmed by a one-sided or inaccurate report.