Minority reports

[Jason Perry]

At the Formal Physical Evaluation Board, the members decide by majority vote. In practice, I have seen only a small percentage of cases where the decisions were not unanimous. AR 635-40, para. m, states, "Minority reports. If a voting member of the PEB disagrees with the findings and recommendation of the other members, that member may prepare a minority report explaining wherein and why he or she differs with the other members. The minority report will be included in the record of the proceedings and referenced in the remarks section of DA Form 199. A copy will be provided to the Soldier and his or her counsel."

I point this out because if you should get a minority report in your case and you disagree with the findings and recommendations it is a good idea to incorporate the points raised in the minority report into your rebuttal. If one member felt strongly enough about an issue to write a separate report, you may find a sympathetic ear at the APDA.

 

[Nel1983]

@Jason Perry. On Monday, I had my FBEP hearing with a finding of fit for duty. I'm happy about the outcome. However, one of the board members voted against the other two members. Technically, the member is planning to write a 'minority report'. Any insights with regards to the APDA agreeing with her dissention? What do you think I should be doing while waiting for the APDA review/signature?