A high failure rate is more of a reflection of how well the training program/instructors are. Checkrides should serve as validation that the training given is meeting it's objectives. Just the .02 cents of a former military aircrew instructor and airline check airman.
"we" don't call them vipers. "you" call them vipers.
"we" call them fighting falcons, pork falcons, porkers, LGPOS, lawn darts, tinker toys, etc.
And how many times are you going to pull this "what do you fly" shit like you're in a dick measuring contest for the insecure?
I was the investigating officer in a Commander-direct investigation (redundant I know) and I asked a JAG officer about it. His recommendation was to find out as much as you can by asking questions. It's possible that a misunderstanding could be cleared up by answering a few questions.
I think that's horse manure. Lawyer up if they read you your rights.