In this era of military downsizing, an adverse evaluation for an officer or senior enlisted service member can be a career killer. For officers, a reprimand in any branch can lead to promotion problems and grade review boards at retirement. For an enlisted member, an adverse evaluation can create promotion and retention issues.

Evaluation Report Appeal Regulations

Each of the branches has very different evaluation report appeals procedures. Those are discussed in more detail below. It's important to work with an attorney with knowledge of the process. The statute of limitations, however, for appeals is three years. That three year requirement is found in 10 U.S.C. § 1552. The statute of limitations to sue in federal court can be different. You will want to consult with a lawyer to determine whether there are statute of limitations.

Understanding the Potential Audiences for an Evaluation Report Appeal

Often the audience for an evaluation report appeal can be broad. Your intended audience could conceivably include:

  • The Commander
  • The Board for Correction of Military Records
  • Human Resources, Personnel Command, Performance Evaluation Review Board, Air Force Evaluation Reports Appeal Board, etc.
  • A potential Board of Inquiry or Administrative Separation Board
  • Federal courts

Sometimes, the appeal itself can be a valuable way to communicate information to a potential Board of Inquiry or separation board. If you know that a separation action is likely to occur, the evaluation report appeal is important.

Why Hire Daniel Conway & Associates?

  • Frequent Coverage on High-Profile Media Networks
  • Practicing Worldwide With Years of Combined Legal Experience
  • Fast Responses & Free Initial Consultations Available 24 Hours
  • Court-Martial Experience in Every Service & Every Crime
  • Daniel  Conway Photo
    Daniel Conway Partner

    For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

    Read More
  • Brian  Pristera Photo
    Brian Pristera Attorney

    A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...

    Read More
  • Joseph  Galli Photo
    Joseph Galli Attorney

    Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...

    Read More
  • “Best lawyer around”

    - Retiring
  • “Full Acquittal of Sexual Assault”

    - Army Officer
  • ““A silver lining””

    - Perez

Contact Daniel Conway & Associates

Request a Free Initial Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy