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Introduction
Army regulations provide that "[e]ach officer authorized to pilot a military aircraft or to perform crew member duties must maintain the highest professional standards. When an officer's performance is doubtful, justification for continued aviation service or authorization to pilot Army aircraft is subject to complete review."' The forum for this review is a flying evaluation board (FEB).
Judge advocates who support aviation units will, at some point during their tenure, likely participate in an FEB. At first glance, such a proceeding may seem the province of pilots, rather than attorneys. After all, the purpose of the board is to evaluate a pilot's potential for continued aviation service. What could a non-aviator judge advocate have to offer?
The answer to this question can be summed up in one word: counsel. Like all formal boards in the military, the FEB includes a government representative or "recorder," and, because the aviator is designated as the "respondent," he is entitled to counsel.2 Accordingly, judge advocates should be aware that they may be called on to play a part in an FEB, at any given time.
Judge advocates who are unfamiliar with Army aviation should not be alarmed at the prospect of participating in an FEB. With a little bit of homework and a careful review of the relevant regulations, most attorneys will find that an FEB is no more difficult than any other administrative board. The key is to consult with subject matter experts early in the process to gain a basic understanding of the aviation specific issues that the board will consider.
Reasons to Convene a FEB
An FEB may be convened for a variety of reasons. In most cases, it will be directed when an aviation officer fails to maintain professional or medical qualifications or an officer demonstrates behavior that could be construed as substandard or unsafe.' Examples of unsafe behavior include: flagrant violations of flying regulations, failure to comply with urinalysis testing, positive urinalysis results, insufficient motivation, or unsatisfactory duty performance.4
In some cases, an FEB will be convened in the wake of an aircraft accident. If a collateral investigation was conducted to investigate the accident, records and information that were collected during the collateral investigation may be made available to the FEB.5 Reports...