Adverse Performance Evaluation Rebuttals

An adverse fitness report or referral evaluation can have devastating affects on a servicemember’s potential for reenlistment, promotion, and career advancement. Each branch of service has specific regulations which govern the drafting and appeal of adverse performance evaluations. If these regulations are not followed, you can request that your service branch or the appropriate Board of Correction of Military Records remove the unjust or inaccurate records.

Military Justice Attorneys is experienced in helping servicemembers rebut false or unsupported allegations in adverse performance evaluations and then working to get those records removed. Call us today for your consultation.

What Is an Adverse Performance Evaluation, and Why Is It Significant?

An adverse performance evaluation is a formal assessment in which a service member’s performance or conduct is deemed unsatisfactory or below expectations. These evaluations are documented in official records and may include comments about deficiencies, failures, or unprofessional behavior. They are significant because they can have lasting impacts on a service member’s career, including reduced chances for promotion, less favorable assignments, or even involuntary separation. Therefore, understanding how to address and rebut these evaluations is critical for maintaining one’s professional standing and future opportunities in the military.

Can I Submit a Rebuttal to an Adverse Performance Evaluation?

Yes, service members are allowed to submit a rebuttal to an adverse performance evaluation. Each branch of the military has specific procedures for submitting rebuttals, which typically involve providing a written response. This response should present facts, evidence, or mitigating circumstances that challenge the adverse evaluation or provide context for the issues raised. The rebuttal process is an opportunity for the service member to tell their side of the story and ensure their perspective is documented in their official record.

What Should I Include in My Rebuttal Statement?

A rebuttal statement should be factual, professional, and concise. It should include:

• An acknowledgment of the evaluation: Briefly address the specific adverse comments or ratings.
• Supporting evidence: Provide documentation, witness statements, or records that contradict or clarify the evaluation.
• Explanations or mitigating factors: Offer context for the issues raised, such as personal challenges, operational constraints, or other factors that affected performance.
• A respectful tone: Avoid making emotional or accusatory statements, as this could undermine the credibility of your rebuttal. The goal is to present a clear, logical argument that supports your case.

Rebutting an adverse performance evaluation is not always in a service member’s best interest, however, and may be counterproductive or even make matters worse. A service member should consult an experienced attorney before deciding to file a rebuttal.  

How Does Submitting a Rebuttal Impact My Record?

Submitting a rebuttal does not erase or alter the original evaluation, but it does ensure that your response becomes part of your official personnel record. This means that promotion boards, assignment officers, and other decision-makers will have access to both the adverse evaluation and your rebuttal. A well-crafted rebuttal can demonstrate professionalism, accountability, and a commitment to improvement, which may help mitigate the negative effects of the evaluation. Conversely, a poorly written rebuttal could reinforce the adverse perception, so it’s crucial to approach this process carefully.

What Are the Timelines for Submitting a Rebuttal?

Timelines for submitting a rebuttal vary depending on the branch of service and the type of evaluation. Typically, rebuttals must be submitted within a specified period after the evaluation is received, often 10 to 30 days. Missing this deadline may result in losing the opportunity to officially challenge the evaluation. Service members should carefully review their branch’s regulations or consult their chain of command to confirm the exact timeframe and submission procedures.

Should I Seek Assistance When Preparing a Rebuttal?

Yes, seeking assistance is highly recommended. It is best practice to seek advice from an experienced military justice attorney before drafting or submitting a rebuttal. 

What Happens After I Submit My Rebuttal?

Once you submit your rebuttal, it is reviewed by the appropriate authority, such as your commanding officer or a designated reviewing officer. They may consider your rebuttal when finalizing the evaluation or forwarding it through the chain of command. The rebuttal, along with the evaluation, becomes part of your official personnel record. While the adverse evaluation remains, your rebuttal ensures that your perspective is documented and considered by decision-makers during future career reviews.

Can an Adverse Evaluation be Removed or Corrected?

In some cases, an adverse evaluation can be removed or corrected, but this typically requires pursuing a formal appeal through the Board for Correction of Military Records / Naval Records (BCMR/NR) for your branch of service. This process involves presenting evidence that the evaluation was inaccurate, unjust, or procedurally flawed. If the board finds merit in your case, they may direct changes to your record. However, this is a lengthy process and should be pursued only after carefully considering the strength of your evidence and consulting legal counsel.

How Can Our Firm Help?

If you’re facing an adverse performance evaluation and need guidance on how to craft an effective rebuttal or fight other adverse action, consulting with a lawyer can make a significant difference. At Military Justice Attorneys (MJA), our attorneys have fought for decades to protect the reputations and career of service members facing adverse action. We can help you analyze your evaluation, develop a strong rebuttal, and ensure your voice is heard. Our team is here to provide you with expert advice and advocate for fairness in your career. Let us help you protect your professional reputation and take the next steps confidently.