In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code may, in preparing any such report:
(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness in a court-martial; or
(2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.