And Smith has the full backing of United.
A club statement said: "The matter has been reviewed and we can confirm he is requesting a personal hearing from the FA and is in the process of taking legal advice.
"In view of the fact that the hearing is now pending, the club does not feel it appropriate to comment further at this stage other than to say it will be
supporting the player at the hearing."
A formal hearing is expected to take place in late December and any possible ban would come into force in the New Year.
One would think he had been punished enough by getting sent home from the England squad due to meet Denmark the other week?