Area Defense Counsel is in Airmen's corner

  • Published
  • By John Turner
  • 341st Missile Wing Public Affairs
MALMSTROM AIR FORCE BASE, Mont. --  The military justice system can be intimidating to any Airman who steps awry of the law.

For those facing an adverse action, it can seem that the Air Force holds all the cards and has unlimited resources to leverage against an individual member.

Capt. David Dayton, defense attorney, and Staff Sgt. Donte Russell, defense paralegal, are here to provide the counterbalance. As Malmstrom's Area Defense Counsel team, they provide representation to military members facing adverse actions in administrative or military proceedings.

"Our job is to ensure that individuals' constitutional rights are protected and that they are given a voice," Dayton said.

This means Airmen are able to respond when charges are made against them. A court-martial for a felony charge is the most serious of potential actions against a member for which the ADC provides representation. However, the ADC can also advise Airmen served with nonjudicial punishments (Articles 15), letters of counsel, letters of reprimand, administrative demotions, administrative discharges and other adverse actions.

"Typically, most Airmen don't have a full understanding of the judicial administrative process they are going through," Dayton said. "We try to help them through that process. We talk to them about what is about to happen, discuss potential options they have, help them draft responses and help them gain a better understanding of the law."

The ADC is one of only two entities on base, along with chaplains, that have a solid privilege to keep information revealed to them absolutely confidential. The ADC also reports to a separate chain of command outside of Air Force Global Strike Command.

Dayton recently made a permanent change of assignment from the 341st Missile Wing's legal office. He said his two and a half years there will be beneficial towards serving Airmen at Malmstrom in his new role.

"I was able to see the process and decision making," he said. "Having a knowledge of how specific things are looked at helps me know the best way to deal with the issues."

Dayton also said that the relationships he has already established on base makes it easy to work with commanders and first sergeants.

Russell has been at the ADC for over two and a half years. Having previously been at the busiest base in the Air Force for military justice, there are few issues he has not seen.

"We're a team in this process, and we work together to protect military members' rights," Dayton said.

Together, they also focus on education and prevention by disseminating information at commanders' calls and other forums so Airmen know the rules in order to avoid breaking them.

"We're always happy to answer questions," Dayton said.

The ADC is in Building 145 and can be contacted by calling 731-4723.