When an Evaluation Threatens Your Career

An adverse fitness report or referral evaluation can have devastating effects on a servicemember’s potential for reenlistment, promotion, and career advancement. Each branch of service has specific regulations governing how adverse evaluations are drafted, reviewed, and appealed, and failure to follow those rules creates opportunities for challenge.

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. 

Topography textured background

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 often 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. Understanding how to address and rebut these evaluations is critical to protecting professional standing and future opportunities.

Banner media

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 require a written response within a defined timeframe.

This response allows the service member to present facts, evidence, or mitigating circumstances that challenge the evaluation or provide necessary context. The rebuttal ensures the member’s perspective is documented in the official record alongside the evaluation.

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

View All Results

NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

Textured background

GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

Textured background

NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

Textured background

GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

Textured background

GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

Textured background

MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

Textured background

PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

Textured background

GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

Textured background

GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

Textured background

GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

Textured background
Topography textured background

Available 24/7 to Help Anyone in the World

What Should I Include in My Rebuttal Statement?

A rebuttal statement should be factual, professional, and concise. It should acknowledge the evaluation, address specific adverse comments or ratings, and provide supporting evidence such as records, documentation, or witness statements that clarify or contradict the evaluation.

Explanations or mitigating factors may also be included to provide context for the issues raised. Emotional or accusatory language should be avoided, as credibility and professionalism are critical. Consulting an attorney before submitting a rebuttal is strongly recommended.

When a Rebuttal May Not Be the Best Option

Rebutting an adverse performance evaluation is not always in a service member’s best interest and may sometimes be counterproductive. In certain situations, a rebuttal can unintentionally reinforce negative perceptions or escalate scrutiny.

Because the decision to rebut is highly case-specific, a service member should consult an experienced military justice attorney before deciding whether to submit a rebuttal and, if so, how to approach it strategically.

Topography textured background

How Does Submitting a Rebuttal Impact My Record?

Submitting a rebuttal does not erase or alter the original evaluation, but it does ensure your response becomes part of your official personnel record. Promotion boards, assignment officers, and other decision-makers will see both documents together.

A well-written rebuttal can demonstrate professionalism, accountability, and commitment to improvement, potentially mitigating negative effects. Conversely, a poorly prepared rebuttal can reinforce adverse conclusions, making careful preparation essential.

Client Testimonials Their Words. Their Cases. Their Results.

View All Testimonials

"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
Topography textured background

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 involved. Deadlines are often short, commonly ranging from 10 to 30 days after receipt of the evaluation.

Missing the deadline may result in losing the opportunity to challenge the evaluation officially. Service members should review applicable regulations carefully or seek legal guidance to confirm deadlines and submission requirements.

Should I Seek Assistance When Preparing a Rebuttal?

Yes, seeking assistance is highly recommended. Preparing an effective rebuttal requires understanding regulatory standards, evidentiary requirements, and strategic considerations unique to military evaluations.

It is best practice to consult an experienced military justice attorney before drafting or submitting a rebuttal to ensure your response strengthens, rather than harms, your position.

Topography textured background

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
Topography textured background

Available 24/7 to Help Anyone in the World

Contact us media

What Happens After I Submit My Rebuttal?

Once submitted, the rebuttal is reviewed by the appropriate authority, such as the commanding officer or designated reviewing official. They may consider the rebuttal when finalizing or forwarding the evaluation through the chain of command.

The rebuttal and evaluation remain together in the official record. While the evaluation itself may stand, your rebuttal ensures decision-makers have access to your explanation during future career reviews.

Can an Adverse Evaluation Be Removed or Corrected?

In some cases, an adverse evaluation may be removed or corrected through a formal appeal to the Board for Correction of Military Records or Board for Correction of Naval Records for your service branch.

This process requires evidence showing the evaluation was inaccurate, unjust, or procedurally flawed. Because the process is lengthy and demanding, it should be pursued only after careful evaluation and legal consultation.

Topography textured background

How Can Our Firm Help?

If you are facing an adverse performance evaluation and need guidance on rebuttals or further appeals, legal counsel can make a meaningful difference. At Military Justice Attorneys, we have spent decades protecting service members’ careers and reputations.

We help analyze evaluations, develop strong rebuttals, and pursue appropriate corrective action when warranted. Our goal is to ensure fairness, accuracy, and that your voice is fully represented in your military record.

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

(843) 755-6535
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Submit Information
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (843) 755-6535.
Contact Us