Flying Evaluation Boards (AR 600-105)

Officers who pilot military aircraft are required to "maintain the highest professional standards." An officer can be disqualified from further aviation service when certain conditions exist to include:

1. the officer lacks the proficiency necessary to continue flying;
2. (the officer fails to maintain medical certification for flying duty;
3. the officer violates flying regulations in such a manner as to indicate a lack of judgment or proficiency;
4. the officer exhibits "undesirable habits or traits of character"such as alcohol or drug abuse;
5. the officer fails to comply with urinalysis testing;
6. the officer displays a lack of motivation, has an improper attitude, or is not able to perform the duties of an aviation officer;
7. the officer displays a lack of motivation that limits the duty or location to which the officer may be assigned; or
8. the officer requests to appear before a flying evaluation board. Before an officer can be disqualified from further aviation service for any of these conditions, a flying evaluation board will be convened.

Legal Rights
If you have been notified that such a board will convene, you should learn about the legal rights to which you are entitled.

1. You can choose to hire a civilian attorney to represent you at your board. You can elect to be represented by a specific military counsel who will be provided but only if a determination is made that such counsel is available. Or you can elect to be represented by military counsel who has been detailed to your case.


note: When deciding questions about legal representation, you should consider not only the experience of counsel but also whether counsel is ready and willing to dedicate the necessary time to thoroughly prepare for the board. Flying evaluation boards are administrative fact finding proceedings, not criminal proceedings, but the stakes are very high and preparation for such proceedings should be taken seriously.


2. You can examine the evidence against you, present evidence, call witnesses, and testify.

notes:

1. If you plan to introduce documents and/or statements at your board, you and your attorney should review these items carefully to assure that they are presented in a professional manner without typos or other errors. Also, be certain that these items are actually supportive. Ask yourself, "What does this document or statement say to the board? How does it help me?"



2. Prepare your witnesses! The witnesses you plan to call should be well prepared to answer all questions that will likely be asked not only by you but also by the board.



3. Be prepared to question opposing witnesses.

Conclusion
The attorneys at Gorecki & O'Callahan have handled flying evaluation boards and we understand the seriousness of these administrative proceedings. We will dedicate the necessary time to learn about your particular case and we will prepare a professional presentation tailored to your case.

Contact us to find out what we can do for you. We offer free initial consultations. Call toll-free 1-877-2exJAGS today!

**The information provided here is for reference only, it is not intended to replace professional legal advice.

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