FLIGHT EVALUATION BOARDS (FEB) Military Criminal Lawyers

Flight Evaluation Boards (FEB) – A Guide for Military Criminal Defense Lawyers

Hey there! As a military criminal defense lawyer, you may come across cases involving Flight Evaluation Boards (FEB). I know FEBs can be confusing, so I wanted to write a helpful guide going over the key things you need to know. This article covers what an FEB is, typical cases, defenses, and legal precedents – plus I’ll link out to some great resources for more info. My goal is to explain FEBs in simple terms to help you represent your clients. Sound good? Let’s get started!

What is a Flight Evaluation Board (FEB)?

An FEB is a review board that evaluates a service member’s ability to fly military aircraft safely. It determines if a pilot should keep their flight status. Some reasons an FEB might get called:

• Disciplinary issues like a DUI
• Medical concerns like failing a flight physical
• Poor performance on checkrides
• An aviation mishap or safety violation

The board looks at the facts and makes a recommendation to the pilot’s commander. Options are:

• Allow the member to keep flying status
• Suspend flight status temporarily
• Permanently remove flight status

An FEB can have a huge impact on a pilot’s career. That’s why legal counsel is so important.

Typical FEB Cases

Some of the most common cases that trigger FEBs include:

• DUI/DWI – Getting arrested for drunk driving shows poor judgement and risks. Even if charges are dropped, an FEB will likely occur.
• Drug offenses – Testing positive or criminal charges for drug use may prompt an FEB.
• Aviation mishaps – Any accident or safety violation could lead to a review.
• Medical issues – Conditions like heart problems or neurological issues may impact flight safety.

There are also cases beyond a pilot’s control, like squadron downsizing. The key is mitigating risks to show your client can fly safely.

Building an FEB Defense

As counsel, a strong defense is crucial. Here are effective strategies:

• Highlight your client’s excellent service record, awards, and character
• Provide evidence of successful rehabilitation like counseling
• Argue the offense was an isolated mistake unlikely to reoccur
• Submit supporting letters from commanders, colleagues, doctors
• Note extenuating personal circumstances during the incident
• Challenge any procedural errors in the board process

This demonstrates your client’s value as an aviator and safety risks are low. It’s also important to cooperate fully with the board by providing requested documents.

Key Laws and Precedents

These are useful to cite when defending an FEB case:

• 10 U.S.C. § 867 – the law establishing Flight Evaluation Boards
• Allen v. United States – ruled boards must consider rehabilitation evidence
• Moyer v. United States – boards should not just “rubber stamp” commanders’ recommendations

You can read more on precedents in this helpful overview.

How to Challenge an Unfavorable Result

If the FEB outcome is unfavorable, all hope is not lost. You can:

• Submit a rebuttal outlining errors in the board’s reasoning
• Provide new evidence supporting your position
• Request the commander disregard the recommendation
• Appeal to a higher authority via the chain of command
• File a lawsuit in federal court, although very difficult to win

Thoroughly review the case for any procedural defects as grounds for appeal. Don’t give up!

Takeaways for Counsel

Here are my key tips as a military lawyer for handling FEB cases successfully:

• Educate clients early about the FEB process and importance of cooperation
• Act quickly to start building a strong defense right away
• Submit a persuasive written response well before the board date
• Prepare clients thoroughly for their oral testimony
• Introduce evidence of rehabilitation, character, and service record
• Argue for the least impact on flight status possible
• Don’t hesitate to appeal if the result is unfair

I hope this guide gives you a helpful overview of Flight Evaluation Boards. Let me know if you have any other questions! I’m always happy to help fellow military defense lawyers.

References

• Flight Evaluation Boards (FEB) – Crisp and Associates Military Law
• Flying Evaluation Boards | FEB – JAG Defense
• Flying Evaluation Board [F.E.B.] | Law Offices of Richard V. Stevens
• Flight Evaluation Boards (FEB) | Joseph L. Jordan at Law
• Flying Evaluation Boards – Matthew G. Jubelt, Esq.
• Reason Why Flying Evaluation Board (FEB) Reviews Occur