USAF POST- FPEB APPEAL RULES OF PROCEDURE
The Air Force published its Rules of Procedure for Post-FPEB hearings earlier this year, and I have attached a copy of this document for your review. You should be aware of several key points when choosing to exercise a Post-FPEB appeal. First, you are given three days after receiving your FPEB findings to decide whether you wish to file an appeal. When you notify the PEB that you want to exercise your appeal right, you have six days to submit your case brief and supporting evidence. Your appeal may be dismissed if you fail to meet this deadline without good cause. In drafting your appeal, you must focus on either producing new and material evidence that could not be previously obtained through the exercise of due diligence or be able to argue why the previous decision represents fraud, an abuse of discretion, or a mistake of law or policy. When arguing that the earlier decision constituted a mistake of law or policy, the appeals panel expects your brief and oral argument to show how this mistake improperly impacted the case. These hearings are held virtually before a three-person panel and typically last an hour. The decision of this panel is final, and your only avenue of appeal is through the Air Force BCMR.