Gonzalez & Waddington, Attorneys at Law represent service members worldwide in evaluation appeals, BCMR/DRB petitions, separation boards, and courts-martial. A negative evaluation report — whether it’s an NCOER (Army), OER (Army officers), OPR (Air Force/Space Force), EPR (Air Force enlisted), or FITREP/CHIEFEVAL (Navy & Marine Corps) — can derail your career. Fortunately, you can challenge unfair or inaccurate evaluations.

This guide explains how to challenge a negative military evaluation, which processes exist for each branch, and strategies to protect your career and reputation.

Why Challenging a Negative Evaluation Matters

• Promotion risk: A single bad evaluation can stop promotions cold.
• Separation threat: Negative reports are often used as evidence in administrative separation boards.
• Career stigma: Future assignments and schools depend on competitive evaluations.
• Permanent record: Unless removed or corrected, a negative evaluation stays in your file indefinitely.

How to Challenge a Negative Evaluation

1. Command-Level Appeals

Each branch allows initial appeals through the chain of command. This is your first opportunity to point out errors and request correction.

2. Evaluation Appeal Boards

• Army: Evaluation Appeals Branch (EAB)
• Air Force / Space Force: Evaluation Reports Appeal Board (ERAB)
• Navy / Marine Corps: Performance Evaluation Review Board (PERB)

3. Boards for Correction of Military Records (BCMR/BCNR/AFBCMR)

If the service appeal board denies your petition, you can escalate to the BCMR for final review.

What Evidence Helps in an Evaluation Appeal?

• Official records: Duty logs, orders, and correspondence proving factual errors.
• Witness statements: From supervisors, peers, or subordinates contradicting the negative evaluation.
• Performance history: Awards, prior positive evaluations, and duty achievements.
• Medical/psychological documentation: If conditions like PTSD/TBI contributed to misunderstandings.

Strategies for Challenging a Negative Evaluation

1. Attack Factual Errors

Highlight provable inaccuracies (dates, events, performance claims) with documentation.

2. Show Bias or Improper Motives

If the rater or senior rater acted out of bias, favoritism, or retaliation, expose it with supporting evidence.

3. Demonstrate Contradictory Evidence

Show how other reports, awards, or achievements undermine the negative narrative.

4. Maintain Professionalism

Your appeal should read like a legal brief — concise, evidence-driven, and respectful.

Common Mistakes in Evaluation Appeals

Video: How to Challenge a Negative Evaluation in the Military

Why Hire Gonzalez & Waddington for Evaluation Appeals?

Our firm has helped service members from every branch fight NCOERs, OERs, OPRs, EPRs, FITREPs, and CHIEFEVALs. We know how evaluation boards think — and how to frame appeals that succeed.

• ✅ Experience with Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force appeals
• ✅ Represented clients in bias, reprisal, and unfair rating disputes
• ✅ Published experts in military administrative law

Contact Gonzalez & Waddington at ucmjdefense.com or call 1-800-921-8607 for immediate help challenging your military evaluation.

Frequently Asked Questions: Military Evaluation Appeals