Challenging Adverse Military Fitness Reports

Facing adverse officer evaluation reports (OERs) in the military can impact your career and promotion prospects. A poor report can lead to non-selections and even removal from service. It’s vital to consult an experienced attorney immediately to explore options like report removal or alteration.

Our team specializes in military legal defense and understanding armed services evaluation protocols. We provide aggressive representation for appealing unfair reports, ensuring your rights and future are protected.

Our attorneys are ready to assist anywhere, even in combat zones, tailoring our approach to your unique case. Contact us today for effective defense and to secure the fair evaluation you deserve.

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Frequently Asked Questions

It is suggested you seek an attorney the moment you are notified of possible disciplinary action. There is a wide range of disciplinary action a service member might face, and the consequences of those actions vary greatly. A military law attorney can discuss the possible consequences, and how best to proceed in your particular case.  

Service members have the right to always remain silent. This right is listed in Article 31(b) of the Uniform Code of Military Justice. The natural inclination is to explain why you are not guilty of the allegation. However, the military will always try to use the statement against the service member. For this reason, we always advise clients to exercise their right to remain silent under Article 31(b). The military cannot use your right to remain silent against you.  

You always have the right to consult with an attorney. Depending of the type of investigation or disciplinary action, you may also have the right to have an attorney present with you. It is best to discuss your particular situation with a military law attorney to understand if that right applies to you. 

Yes, each one of the branches has a Court of Criminal Appeals. If you receive either a punitive discharge or in excess of 1 year of confinement, you have the right to an automatic appeal. Just like at the Court-Martial, you will have be detailed a military appellate defense counsel.  

Yes, most service members will be entitled to either an administrative separation board (or, if an officer, a Board of Inquiry). Each branch requires the service member to have been in a certain number of years before they can request to appear before a Board. If you are entitled to a Board, you will have the right to appear with a defense counsel, and present a defense before three Board members. 

 It depends on what the legal issue, and how you are able to challenge the legal issue. The military law attorneys at FPG have represented service members at trial that resulted in a not-guilty verdict. These clients were able to continue their military career as though the Court-Martial never happened.

Speak with Our Team about OER Appeals