When a Single Evaluation Threatens Your Entire Career

Adverse evaluations are among the most damaging administrative actions in the Air Force. A referred OPR or downgraded EPR can affect promotions, special duty selection, PME opportunities, career field movement, and even retention boards or separation proceedings. Many evaluations contain errors, inaccurate statements, or unfair characterizations—but once filed, they can follow an Airman for years.

Military Justice Attorneys provides strategic support to Airmen seeking to appeal, rebut, or correct unfair performance reports. Whether your evaluation resulted from a misunderstanding, command retaliation, poor documentation, or alleged misconduct, our team ensures your voice is heard and your record is defended.

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What Is an Adverse Air Force Evaluation?

In the Air Force, performance evaluations are central to determining promotion, advancement, and retention. A report may be deemed “adverse” if it includes:

  • Marked-down performance ratings
  • Negative comments in the narrative
  • Allegations of misconduct or unacceptable behavior
  • Referral status requiring acknowledgment and response
  • Command-initiated derogatory statements

These evaluations can be triggered by investigations, disagreements with supervisors, administrative actions, or isolated incidents that do not reflect your overall service. A skilled military appeals lawyer can help identify errors and pursue remedies through rebuttals, appeals, and record correction processes.

The Benefits of Working With a Military Defense Attorney for Adverse Evaluations

  • Strategic Rebuttal Preparation - Your attorney helps craft a factual, evidence-supported rebuttal that challenges inaccuracies and strengthens your case before the evaluation becomes permanent.
  • Thorough Review of Regulations and Procedural Errors - Performance reports must comply with Air Force Instructions (AFIs). When supervisors fail to follow proper procedures, your attorney can argue for removal, correction, or reconsideration.
  • Experienced Advocacy Before Military Boards and Agencies - If initial appeals fail, a military appeals lawyer can escalate your case to higher authorities, including the Evaluation Reports Appeal Board (ERAB). You can learn more about ERAB and its authority at: https://www.afpc.af.mil/Career-Management/Evaluations/.
  • Protection of Your Promotion and Career Opportunities - Strong legal support helps mitigate long-term damage, preventing a single unfair evaluation from defining your entire Air Force service.
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Is an Adverse Evaluation Appeal Relevant to My Situation?

You may need legal support if you have received:

  • A referred OPR
  • A downgraded or contested EPR
  • A performance evaluation tied to ongoing command issues
  • Negative or inaccurate remarks about character, leadership, or duty performance
  • A report connected to NJP, LORs, UIFs, or investigations

Common causes of unfair evaluations include:

  • Supervisor bias
  • Retaliation or reprisal
  • Lack of documentation
  • Misinterpretation of events
  • Failed expectations not communicated beforehand
  • Broken relationships within the chain of command

If you believe your evaluation is unfair, inaccurate, or procedurally invalid, appealing it quickly is essential.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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The Air Force Adverse Evaluation Appeal Process What to Expect

1. Evaluation Review and Evidence Gathering

Your attorney examines the evaluation, supporting documents, and correspondence to identify procedural flaws or factual inaccuracies.

2. Rebuttal Preparation and Submission

Your attorney helps prepare a clear, compelling rebuttal with supporting evidence, character statements, and regulation-based arguments.

3. Appeal to the ERAB

If the initial rebuttal fails, your attorney may file a formal appeal with the Evaluation Reports Appeal Board, presenting new arguments, evidence, or regulatory challenges.

4. Record Correction Through the AFBCMR

For complex or unresolved cases, your attorney prepares a petition to the Air Force Board for Correction of Military Records. You can learn more about the AFBCMR process at: https://www.afpc.af.mil/Career-Management/Military-Personnel-Records/AFBCMR/.

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Case Results We’ve been in the fight & know how to win

View All Results

DEMOTION APPEAL SUCCESSFUL

Sixteenth Air Force. Demotion Appeal Granted, Administrative Demotion Overturned for Technical Sergeant (E-6).

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AFOSI GRANTS TITLING EXPUNGEMENT

Department of the Air Force. AFOSI Grants Titling Expungement Request, Removes Veteran from DCII and III Databases.

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"NO BASIS"

Spangdahlem Air Base, Germany. Air Force Staff Sergeant (E-5) was wrongfully accused of sexually assaulting a minor.

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DISCHARGE UPGRADE (COVID-19)

Air Force Discharge Review Board (AFDRB). Airman Separated for Refusing COVID-19 Vaccine Upgraded to Honorable.

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HARD-FOUGHT DISCHARGE UPGRADE

Air Force Discharge Review Board (AFDRB). Senior Airman Discharged for Marijuana Use Receives Upgrade.

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DISCHARGE UPGRADED TO HONORABLE

Air Force Board for Correction of Military Records (AFBCMR). Airman Discharged for Drug Use Upgraded to Honorable.

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OFFICER DISCHARGE UPGRADED

Air Force Discharge Review Board (AFDRB). Officer Receives Fully Honorable Discharge 20-years after General Court-Martial.

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ROTC CADET RETAINED

An Air Force ROTC Cadet close to graduation was notified of Administrative Disenrollment after receiving two military conditional events.

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HONORABLE DISCHARGE

RAF Mildenhall, United Kingdom. Air Force Pilot Separated for Drug Abuse Allegations Receives Honorable Discharge.

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CHARGES DISMISSED

Sheppard Air Force Base, Texas. Sexual Assault and Indecent Conduct Charges Dismissed Against Airman First Class (E-3).

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After Your Evaluation Appeal What Comes Next

Even after a successful appeal, Airmen may need support with:

  • Correcting subsequent records affected by the evaluation
  • Rebuilding competitiveness for promotions
  • Removing associated adverse actions (UIFs, LORs, control rosters)
  • Addressing clearance concerns
  • Preparing for retention or continuation boards

Military Justice Attorneys offers ongoing assistance to help restore your professional standing and long-term career opportunities.

Available 24/7 to Help Anyone in the World

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Client Testimonials Their Words. Their Cases. Their Results.

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"We Won!!"

I am forever grateful to my at...

We won!! The case surrounding my petition to upgrade my Discharge from General to Honorable was intricate & unusual—and I had been separated from the Armed Forces for nearly 20 years! But Josh heard my circumstances, formulated a strategy--and got us on the Review Board docket before the statutory deadline expired. Josh then developed a witheringly compelling argument on my behalf, helped me to believe in myself--and gave me the courage to FIGHT the injustice that was done to me. It took my Service Branch four years to arrive at a favorable decision—but WE WON!! I am forever grateful to my attorney Joshua Hill for helping to upgrade my Discharge to Honorable—and for restoring *my* honor, after so many years. A weight has been lifted from me—Joshua is the only person to thank for that! Above all, Joshua believed in me—and for that, I am even more grateful. I recommend Josh to any and all current or former servicemembers who may find themselves in need of excellent legal counsel. Josh is truly a gifted attorney—and he *listens* to you. I wish that I had found him 20 years ago!

-Air Force Veteran

"A Dedicated Advocate Who Helped Me Win My Discharge Upgrade"

I couldn’t have done it withou...

I have been working with Josh Hill since 2020 to upgrade my discharge from "under honorable conditions (general)" to "honorable". The entire process, despite some minor setbacks with the boards, was a positive experience. From the very beginning, Josh was always patient and professional. He took the time to answer my questions and never made me feel rushed. He was reliable and stayed on top of every deadline, making the process so much less stressful for me. We submitted a few different packages and eventually had to meet with the board in person. Josh stood out during the in-person hearing; he knew exactly what to say and did an amazing job representing me. Even when things didn’t go our way at first, Josh refused to give up. Without making me feel pressured, he encouraged me to keep going. Recently, we were allowed to resubmit our case for review based on the board improperly adjudicating our case back in 2022. Well, we finally won! My discharge was upgraded, my reason for discharge was changed, and even my re-enlistment code got fixed. I couldn’t have done it without Josh, and I highly recommend him to anyone who needs this kind of help. Josh, thank you again for everything.

-Air Force Veteran

"Caring and Excellent Attorney!"

Thanks to Josh Hill, today, I ...

It would be nice to have the option to give Josh Hill more than five stars. In my eyes, and he also knows, he deserves more than that. Hill’s professionalism exceeded all my expectations. He is very modest and straightforward. Since my wife and I contacted him, he was unequivocal in how he will be proceeding with our case and the variants to have it solved. I am an Air Force Active Duty member, and after joining, I had an SCRA problem with a car dealership, and they had reported me to the credit bureaus. I had tried to resolve the issue with the dealership for three years without success.

I needed to have this situation clear for my TS clearance, and I was getting nowhere. I felt that I had a case. I called many lawyers before I found Josh, but none of them gave me the confidence to resolve this matter. What sets Josh apart from other attorneys, in my opinion, is his caring nature. He first asks me for all the documents to analyze them and see if I had a case. When other attorneys asked for money first, he worked around my hours because he knew I was overseas. He frequently reached out to me to give me updates on my case. With all sincerity, I can’t praise Josh enough, and he went the extra mile for me. I feel that he went above and beyond his duty.

Thanks to Josh Hill, today, I can continue with my goals in the military. Thank you, Josh, for the love of your job and your support!

-AIRMAN FIRST CLASS, USAF

"MJA is “THE BEST”"

I would gladly recommend attor...

I contacted attorney Joshua A. Hill on an old military law matter, a few months ago. From the very beginning, attorney Hill has provided me with the utmost courteous and expert legal advice. My issue was complex; but Josh was able to cut through to the heart of the matter and formulate a sound legal argument which will allow me to prevail in an upcoming hearing.

THANK YOU to attorney Joshua Hill for taking on my case, for treating me with the dignity that I deserve–and for the clarity and acumen that he so expertly provided to my matter. And thanks for having my back!

I would gladly recommend attorney Joshua Hill & Healy Law Group, LLC, Military Justice Attorneys for any UCMJ legal matter–whether you’re active duty or a veteran, like me! They are THE BEST.

-CAPTAIN, USAF

"It Was Like a Scene From a Movie"

The results I received from th...

I highly recommend Mr. Healy to anyone that has Military Law issues as he was insanely knowledgeable during the entire process and made me and my family feel very comfortable during the process. From the first time we contacted Mr. Healy, we knew immediately that we wanted to hire him as our attorney, which we did, and we had spoke with several others prior to contacting Mr. Healy. He was able to help and explain everything in a manner we understood. He was very professional the entire time and exuded confidence during the board and has a very commanding presence in the room. He is a very fast thinker and was able to provide answers and consultation in the last minute. It was almost like a scene from a movie, and regardless of what side you were on, you felt and understood everything that was said by Mr. Healy. He captured the board members attention and never once did I notice the board members look around or look bored; he had their attention from start to finish and it had a huge impact on getting the results we only had hoped of getting before hiring him. The results I received from the board was the best possible outcome in my favor and saved my career and my family’s future. I recommend that if you need an attorney in military law and sex crimes, to consult with and hire Mr. Healy immediately!
-Master Sergeant, USAF

"Truly Cares and Fights for Clients"

Throughout that entire time Mr...

In November of 2020 I reached out and hired Mr. Healy to represent me in a General Court Martial facing a Sexual Assault charge. Throughout that entire time Mr. Healy did everything in his power to prepare and keep me informed on everything. My life was on the line and I trusted him with everything, confident that the outcome would be in our favor. Mr. Healy truly cares for and fights for his clients. I saw that firsthand and I would undoubtedly recommend him in a second to anybody, who just like me, is fighting for their life knowing they are innocent. Mr. Healy was not only my attorney, but a friend who fought for me and got me my life back. I’m very thankful to have met Mr. Healy and if anyone is in a situation where they know they want to fight for their life, Mr. Healy is the person for you.
-SENIOR AIRMAN, USAF
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Why Choose Military Justice Attorneys?

Experienced With Air Force Administrative and Evaluation Systems

Our attorneys understand how evaluations influence promotions, special duties, and career progression—and how to challenge them effectively.

Former Judge Advocates With Insight Into Air Force Regulations

We analyze every report through the lens of applicable AFIs, ensuring procedural fairness and regulatory compliance.

Personalized Representation Focused on Career Preservation

Clients receive direct support, clear communication, and strategic legal counsel aimed at protecting their professional record and future opportunities. These strengths make Military Justice Attorneys a trusted resource for Airmen seeking experienced support in appealing adverse evaluations.

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Adverse Evaluation Appeals FAQs

What qualifies an evaluation as “adverse”?

Any evaluation with negative remarks, referral status, or comments implying misconduct or substandard performance.

Can an adverse OPR or EPR be removed?

Yes. Many evaluations are successfully corrected or removed when errors or injustices are demonstrated.

How fast do I need to respond?

Rebuttal timelines are short—often just days. Contacting an attorney early is essential.

Does an adverse evaluation affect promotions?

Yes. It can dramatically reduce an Airman’s competitiveness for future boards.

Can I appeal even if I signed the evaluation?

Yes. Signing only acknowledges receipt, not agreement.

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Protect Your Record and Your Air Force Future

Schedule a confidential consultation today with an Air Force adverse evaluation appeals attorney dedicated to defending your service and your reputation.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

Available 24/7 to Help Anyone in the World

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