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Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

Your FITREP or EVAL Can Shape Your Entire Naval Future

In the Navy, performance evaluations are among the most influential documents in your service record. A single adverse EVAL or FITREP—especially one containing inaccurate, biased, or unsupported statements—can derail advancement, limit special duty opportunities, trigger administrative separation, and permanently damage your reputation. Because these evaluations follow Sailors through every selection board, even small inaccuracies can have long-term consequences.

Military Justice Attorneys helps Sailors prepare strong rebuttals, appeal unfair evaluations, and correct their records through appropriate Navy channels. When your career and honor are on the line, strategic legal advocacy can make the difference between setback and success.

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What Is an Adverse Navy Evaluation?

An adverse evaluation is an EVAL or FITREP containing negative or derogatory comments, downgraded performance marks, or a recommendation against promotion or retention. Evaluations may be considered adverse if they include:

  • Marks significantly below your historical performance
  • Negative narrative comments
  • Allegations of misconduct or poor judgment
  • Comments referencing NJP, investigation, or administrative issues
  • “Significant Problems” or “Progressing” promotion recommendations

Adverse evaluations may arise from misunderstandings, personal conflicts, hasty conclusions, incomplete investigations, or retaliatory actions. A strong appeal helps correct the record before damage becomes permanent.

The Benefits of Working With a Military Defense Attorney for Evaluation Appeals

  • Careful Analysis of Evaluation Errors and Regulatory Violations - Your attorney identifies factual inaccuracies, unsupported statements, procedural mistakes, and departures from applicable standards. Federal law authorizes correction of military records when errors or injustices are present, including evaluations, and you can learn more about this in 10 U.S.C. § 1552 at the official U.S. Government Publishing Office’s site: https://www.govinfo.gov/content/pkg/USCODE-2019-title10/html/USCODE-2019-title10-subtitleA-partII-chap79-sec1552.htm GovInfo.
  • Strategic Rebuttal Drafting to Challenge Unfair Comments - A persuasive rebuttal provides context, clarifies misunderstandings, and presents supporting evidence—from witness statements to operational records—to counter unjust remarks.
  • Assistance With Submission to PERS, ISIC, or the Chain of Command - Your attorney ensures your appeal is properly routed and supported by evidence and applicable policy. The Department of Defense’s standards for fairness, accuracy, and correction of records are grounded in DoD administrative law principles, including protections against reprisal and improper personnel actions, which are explained here: https://www.dodig.mil/Components/Administrative-Investigations/Whistleblower-Reprisal/.
  • Record Correction Through the BCNR When Needed - If the command or PERS does not correct the evaluation, an attorney can file a petition with the Board for Correction of Naval Records (BCNR), your strongest avenue for permanent relief.
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Is an Adverse Evaluation Appeal Relevant to My Situation?

You may need legal assistance if your evaluation:

  • Contains incorrect or exaggerated allegations
  • Reflects misconduct that was unfounded, minor, or mischaracterized
  • Was issued shortly after a disagreement or command conflict
  • Fails to reflect your actual performance
  • Results from NJP, investigation, or administrative issues
  • Includes a ranking or summary that contradicts your past record

Legal support is especially crucial when the evaluation affects:

  • Promotion opportunities
  • Reenlistment or continuation
  • Screening for special programs
  • Security clearance reviews
  • Administrative separation proceedings

Your career should not be defined by an unfair or biased evaluation.

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 Murray

Partner

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 Navy Adverse Evaluation Appeal Process What to Expect

1. Evaluation Review and Evidence Gathering

Your attorney examines the evaluation, correspondence, duty records, and command climate to identify inaccuracies or regulatory errors.

2. Drafting a Persuasive Rebuttal

Your attorney prepares a detailed rebuttal letter addressing each contested point with evidence, citations, and factual clarification.

3. Appeal Through the Chain of Command or PERS

If the rebuttal is insufficient, your attorney may escalate the appeal to PERS or a higher authority, depending on the nature of the error and your rights under Navy instructions.

4. Petition to the Board for Correction of Naval Records (BCNR)

For serious or uncorrected injustices, the attorney prepares a BCNR package seeking removal or amendment of the evaluation.

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

View All Results

NEGATIVE EVALUATIONS REMOVED

U.S. Navy Reserve. Negative Evaluation and Counseling Removed from Records for Senior Enlisted Sailor.

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NCIS GRANTS TITLING EXPUNGEMENT

Department of the Navy. NCIS Grants Titling Appeal, Removes Sailor from DCII, NCIC, and III Databases.

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ADSEP TERMINATED

San Antonio, Texas. Adsep terminated for Navy Petty Officer accused of ignoring orders from command.

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CAREER SAVED

Norfolk, Virginia. Navy Petty Officer investigated for alleged harassment of a fellow Sailor informally counseled.

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ADSEP TERMINATED

United States Navy Reserve. Petty Officer Third Class threatened with termination for refusing COVID-19 vaccine.

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NO MISCONDUCT

Pensacola, Florida. Separation Board Finds “No Misconduct” by Sailor Accused of Drug Abuse.

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"NO BASIS" FINDING ("DELTA-9" THC)

San Diego, California. Sailor Retained, Adsep Board Finds "No Basis" After Sailor Tests Positive for “Delta-9” THC.

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"NO BASIS" FOR ALLEGED SEX ASSAULT

Yokosuka, Japan. Adsep Board Unsubstantiates Sexual Assault Allegations, Retains Sailor in the Navy.

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RELEASED FROM CONFINEMENT

Camp Pendleton, California. Marine Lance Corporal (E-3) Accused of Domestic Violence Released From Navy Brig.

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CHARGES DISMISSED

Naval Base Coronado, California. Navy Senior Chief (E-8) under NCIS investigation avoids court-martial.

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View All Results
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After Your Appeal What Comes Next

If successful, your corrected evaluation can significantly improve:

  • Promotion competitiveness
  • Assignment and duty opportunities
  • Retention and reenlistment eligibility
  • The accuracy of your official service record

Even if the evaluation stands, an attorney may help mitigate its effects through:

  • Administrative separation defense
  • Security clearance responses
  • Letters to selection boards
  • Future performance documentation strategies

Military Justice Attorneys remains committed to helping Sailors rehabilitate their records and protect their careers.

Available 24/7 to Help Anyone in the World

Contact Us (843) 755-6535

Client Testimonials Their Words. Their Cases. Their Results.

View All Testimonials

"Professional and Understanding"

I'm very grateful that he went...

Mr. Healy was very professional and understanding. He was very fierce when he was speaking on my behalf and was very thorough with everything. I'm very grateful that he went to bat for me and saved me my job, my career and I would recommend him to any military member going through a situation I did. Thanks Gerry for all the hard work.

-PETTY OFFICER SECOND CLASS, USN

"Worth Every Cent if You Need a Military Defense Attorney!"

I cannot thank Gerry enough fo...

I had the unfortunate experience to become involved in an investigation on a Marine Corps Officer while I was TAD with the Marine Corps. I immediately began looking for a civilian attorney to help with the process. I came across the MJA website and put in a request for a consult. Gerry called that night and spent over an hour on the phone with me discussing the case until that point.After refusing NJP, the CO sent it for an administrative separation for my misconduct, but thanks to Gerry’s advice, I didn’t have substantiated charges as I had not gone to NJP where I would have no rights, It was not referred to court martial.I received the notice right as I was informed that I was on 48 hours notice to deploy in response to the COVID response. Gerry was able to get an extension for the response, and then was able to contact the witness I provided. His expertly written brief was worth everything I had paid for and was written so much better then I could have ever hoped to have written myself. Gerry was able to point out the flaws with the command’s lack of investigation, was able to cite case law to support why the charges were not supported and forced the command to look at my entire career. It was submitted and the day that Gerry followed up with the Command JAG, I was notified that the CO was dropping the charge for dereliction of duty and would issue a NPLOC for the Conduct Unbecoming Charge and a report of no misconduct was routed to PERS. I cannot thank Gerry enough for the work he put into my response and saving my career! I would recommend him to anyone and vouch that he is worth every penny to save your career.

-LCDR, USN

"The Best Choice for a Military Defense Counsel"

I trusted him with my career o...

When I was put under investigation with my Command pending Court Martial, I didn’t know who to turn to for help. Thankfully I came across MJA’s law firm website and immediately hired Mr. Hill after consultation and looking over their reviews. After 7 long months of waiting, the week of my Court Martial came and I would see the fearlessness and confidence of Mr. Hill in the courtroom. He tore apart the government’s theory piece by piece which would result in the outcome in our favor. I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill to anyone who is going through legal challenges with their command.

-PETTY OFFICER THIRD CLASS, USN

"I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill."

When I was put under investiga...

When I was put under investigation with my Command pending Court Martial, I didn’t know who to turn to for help. Thankfully I came across MJA’s law firm website and immediately hired Mr. Hill after consultation and looking over their reviews. After 7 long months of waiting, the week of my Court Martial came and I would see the fearlessness and confidence of Mr. Hill in the courtroom. He tore apart the government’s theory piece by piece which would result in the outcome in our favor. I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill to anyone who is going through legal challenges with their command.
-PETTY OFFICER THIRD CLASS, USN

"Titling & Indexing Petition for Expungement"

Josh Hill brought in a big win...

Josh laid a course of action to petition against a ‘titling’ from a military investigation on my criminal record and worked diligently through every step of the process to make my case. It was an uphill battle, requiring us to petition at each level of authority. It didn’t come quickly and certainly not without effort – but Josh Hill brought in a big win for me that will have a positive change for the rest of my life. He was open & honest from the start, didn’t make any promises & was real about what we were up against. What I appreciate about Josh is that he knows what he’s doing. I consulted with other attorneys & it seemed like a cash grab with them – but with Josh I could tell he had experience. There was a good chance my petition could have been denied, but Josh worked it through to put up the best fight we could & it really paid off.
-CHIEF PETTY OFFICER, USN
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Why Choose Military Justice Attorneys?

Experienced in Challenging FITREPs and EVALs Across the Fleet

Our attorneys understand Navy performance systems and how negative evaluations influence career milestones.

Former Judge Advocates With Deep Familiarity With Navy Regulations

We know the procedural requirements of BUPERSINST 1610.10 and how to challenge commands that fail to follow them.

Dedicated Advocacy Tailored to Your Long-Term Career

We provide clear strategy, strong written advocacy, and ongoing support to safeguard your record and future opportunities. These qualities make Military Justice Attorneys a trusted choice for Sailors seeking to overturn or correct unfair evaluations.

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Adverse Evaluation Appeals FAQs

Can I challenge an adverse FITREP or EVAL?

Yes. Sailors have the right to submit a rebuttal, request higher-level review, and file formal appeals. Many evaluations contain mistakes, unsupported statements, or personal bias, and a well-prepared appeal can result in correction or removal.

How long do I have to submit a rebuttal?

Rebuttal timelines are short—often 10 days from receipt—so early legal guidance is crucial. Your attorney can help you gather evidence quickly and prepare a clear, effective response within the required window.

Will an adverse evaluation hurt my promotion chances?

Yes. Negative marks or comments can drastically reduce your competitiveness at selection boards. Even a single “Significant Problems” recommendation can halt advancement unless successfully challenged.

Can an evaluation be removed entirely from my record?

Yes, in certain cases. The BCNR can remove or amend evaluations when Sailors show clear injustice, factual errors, or procedural violations. Your attorney helps develop the strongest possible petition.

What if my evaluation resulted from retaliation or command conflict?

Improper motives can invalidate an evaluation. An attorney can help document evidence of reprisal, unfair treatment, or inappropriate command influence and request corrective action through Navy channels.

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Fight Back Against an Unfair FITREP or EVAL

Schedule a confidential consultation today with Navy adverse evaluation appeals attorneys who know how to protect your reputation and your career.

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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