EVALUATION REPORT APPEALS
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.
- Army Regulation 623-3 (Chapter 4 - Evaluation Report Redress System) (Sample 3rd Party Support Letter) (Sample Letter Requesting 3rd Party Support)
- Air Force Instruction 36-2406 (Chapter 10 - Air Force Eval Appeals) AF IMT 948
- Marine Corps Order 1610.7A (Chapter 10 - Substantive FITREP Corrections)
- Navy Performance Evaluation System BUPERSINST 1610.10D (Chapter 17 - Eval Appeals)
- Coast Guard COMDINST M1000.3A - Officer Evals (Chapter 5 for Officers) (Chapter 5 for Enlisted) (Correction of Records Instruction)
- 10 U.S.C. § 1552
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.
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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 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 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