NROTC Performance Review Board (PRB) Attorney

Defense for Midshipmen Facing PRBs, Disenrollment, Recoupment, or Directed Active Enlisted Service

If you’ve been notified of a Performance Review Board (PRB), the clock is already ticking. A PRB is a formal, administrative hearing used by NROTC units to evaluate performance / misconduct issues and recommend outcomes ranging from no action to warning/probation/leave of absence, disenrollment, and—when applicable—recoupment of scholarship funds or Directed Active Enlisted Service (AES).

At Matthew Thomas Law, PLLC, we help NROTC students protect their careers, scholarships, and futures with precise preparation, strategic advocacy, and a practical plan tailored to your unit’s process and the Navy’s current Regulations for Officer Development (NSTC M-1533.2F)

What is a PRB?

A PRB is an informal administrative hearing (not a criminal trial) convened by the Professor of Naval Science (PNS) to investigate alleged deficiencies and recommend appropriate action. The respondent (student) has specific rights, and the board’s scope is generally limited to the issues listed in the notification letter. U.S. Navy Net Center

Your Rights Before and During the PRB

Under current Navy regulations, students must be advised of—and afforded—the following, among other protections:

  • Advance notice: Written notice at least five full business days before the PRB convenes (the notification day and board day don’t count). U.S. Navy Net Center

  • Access to the case file: A chance to review your personnel record and materials to be presented to the board. U.S. Navy Net Center

  • Submit your side: You may submit a written statement, and present documents or witnesses on your behalf (at your expense). U.S. Navy Net Center

  • Appear (or not): Non-active duty students are recommended—but not required—to appear; active-duty students (e.g., STA-21/MECEP) must appear. U.S. Navy Net Center

  • Counsel involvement: You may retain counsel at your own expense and, with 48-hour notice to the PNS, have counsel present to make opening/closing statements and explain your case. Counsel generally may not call or question witnesses during the proceeding. U.S. Navy Net Center

Why process matters: The Navy’s own guidance warns that due-process errors can compromise outcomes, including the ability to recoup scholarship funds—a powerful defense angle when procedures weren’t followed. U.S. Navy Net Center

Common PRB Triggers We See

  • Academic: low term/cumulative GPA, academic deficiencies

  • Aptitude/Discipline: honor code issues, arrests, alcohol incidents, urinalysis, plagiarism

  • Physical Readiness: PFA/PFT/CFT failures

  • Medical: NPQ, waiver not granted, alleged concealment of a disqualifying condition

  • Administrative: Drop on Request (DOR), enrollment or status issues
    (Examples drawn from the Navy’s official PRB/disenrollment guidance.) U.S. Navy Net Center

  • Misconduct: disciplinary issues, drug abuse, sexual harassment, etc.

Possible Outcomes (and Why Preparation Matters)

The board can recommend no action, warning, probation, leave of absence, or disenrollment. If disenrollment is recommended, the board may also recommend recoupment (repayment of scholarship funds) or Directed AES if applicable. U.S. Navy Net Center

Active-duty candidates (e.g., STA-21, MECEP) have tighter rules: presence is mandatory, and some waivers aren’t permitted. U.S. Navy Net Center

After the PRB, you’ll receive the PRB report, and you typically have five full business days to respond to the PNS’s endorsement—another critical advocacy point. U.S. Navy Net Center

Our Approach at Matthew Thomas Law, PLLC

  1. Rapid Timeline Mapping
    We calculate statutory notice windows, evidence exchange deadlines, and your response opportunities to protect every procedural right.

  2. Evidence & Policy Audit
    We scrutinize the PRB convening order, trigger documentation, and unit compliance with NSTC M-1533.2F and Appendix O (forms, notice, witness lists, and workflow).

  3. Defense Strategy

    • Academic plans supported by advisor input and improvement trajectories

    • Aptitude/discipline defenses (fact challenges, mitigation, proportionality)

    • Physical readiness documentation (test administration issues, medical factors)

    • Medical/NPQ issues (waiver status, documentation scope)

    • Disenrollment risk management (recoupment/AES arguments; alternatives)

  4. Board Presentation
    We prepare your personal statement, curate documents and witness testimony, and—when present—deliver concise opening and closing statements that address the exact grounds noticed to the board. U.S. Navy Net Center

  5. Post-PRB Advocacy
    We draft timely responses to the PRB report and PNS endorsement within the five-business-day windows, preserving issues for higher-level review if needed. U.S. Navy Net Center

What To Do If You’ve Been Notified of a PRB

  • Do not delay. The five-business-day timeline starts after you sign the convening order. U.S. Navy Net Center

  • Gather documents (transcripts, counseling notes, remediation records, medical paperwork where appropriate, and any exculpatory materials). U.S. Navy Net Center

  • List potential witnesses early (and meet the unit’s deadlines). U.S. Navy Net Center

  • Contact Matthew Thomas Law, PLLC to coordinate statements, exhibits, and witness prep—especially where recoupment or AES could be on the table.