Posted on Oct 1, 2014
SSG Theodore Scherer
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I have recently come into a rather, I think, unusual situation. Without going into too much detail essentially one of the Soldier's in my rating chain I feel is a toxic leader and I have a rather substantial amount of evidence to back up this claim. A Commander's Inquiry has been done and I have exhausted all possible means of combating this situation with the exception of the NCOER appeal process.

I am being marked down for a needs improvement under Duties and Responsibilities for a situation that was proven to not be my doing. This NCOER is being done up as a 3/3 and is the only blemish on my record during my rating time. The DA 4856 I had received for this incident I did not agree with, however because of the nature of this officer and the way I was treated by them, I did not have a choice but to agree on the form. I know it is my right to disagree however I personally felt that that right was taken from me throughout my time with this officer. This officer has made it a point to make ending my career a personally motivated ordeal and it has been noticed by other members of the organization, even going so far as to change my raters bullets on the NCOER, with this officer being the senior rater and stating that they wish this to be as weak as possible.

My question is, does a 3/3 prevent me from continuing my career in the military? It is lowest NCOER I currently have and due to the nature of this I feel I have a standing chance of appealing it. I realize the Army Retention Initiative from February 2014 states that a 4 in any category will end you its just I am not sure about this rating. Again up until this point in my career I have had zero incidents or issues against and my record is for the most part spotless. I am attempting to pursue to be a Warrant Officer.

I have referenced DA PAM 623-3 and I am just asking for an actual Soldier's perspective on this situation as the reg tends to be, at least from my interpretation, open ended at times and it helps to have people who have been in similar situations help you understand.

I spoke with legal today as well and asked them about signing the NCOER if I do not agree with it. I know that the only thing I am agreeing to is the admin data and that if I do not sign it, it can be marked down as "Soldier refused to sign." Legal told me that it will not hurt me if I do not sign it, I would like to request confirmation on this. As of yet I have not signed it.

Thank you in advance and I apologize for the long read.
Posted in these groups: 1efa5058 NCOER
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1SG Civil Affairs Specialist
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First, to answer your two questions:
No, a 3/3 is not career breaker. It shows you were successful at your current grade, and you should be promoted if positions are available. That is a quote from the Pam.
Yes, I would advise you to sign (assuming the admin data and rating chain is correct), and it will not harm you to not do so.

Now as for an appeal, your case as you lay it out would be to prove a rating official treated you with prejudice - different from other Soldiers with similar circumstances. You have an angle to pursue if you can prove that the S/R had "undue command influence" and caused the rater to change his/her comments. He can't do that.
In my experience this type of appeal is very difficult to substantiate and will require a number of statements corroborating your side of the story to be successful. If you go for an appeal, please ensure you have a preponderance of evidence on your side.
Gotcha NCOERs happen a lot right before a PCS. Some people lack the courage to address issues when the Soldier will be a member of their unit going forward, and wait until they are about to leave to spring an ambush... banking that you will go away. Invest the time to secure all of your documentation before you go, or you will have an uphill battle.

One last thing, the officer will never know if you are successful in your appeal, so reprisal (if he is indeed a toxin) is only likely if the circle of personnel you solicit for support talk about the issue in the wrong circles.
Good Luck, SSG.
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
1SG Healy, thank you for taking the time to advise on this. Now I know most people in these situations never tell the full truth. I will say that I am not completely innocent in this situation, no one ever really is. I could have been more tactful towards this individual to avoid being put in this situation, however when you are treated not as a NCO, or even a person, it makes it very difficult to bite your tongue. I now have a better understanding of what I must do in case I ever come across another toxic leader and I can help others who are put in similar situations. My counseling packet will be called in during the appeal and that, as you said, will make this a very difficult thing to over come. My biggest issue is I agreed on the 4856 when I know I should not have. That is my fault and I acknowledge that. That is part of my argument is to show that the actions of this officer prevented me from being allowed the opportunity to disagree. It is very difficult to explain, I was afforded the opportunity to disagree but it did not feel like I really did, if you understand me. I appreciate your advice on this and I will be referencing these comments in January when I start my appeal. Thank you again.
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CSM Brigade Operations (S3) Sergeant Major
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SSG Theodore Scherer
I agree with the other SNCOs on signing the evaluation. I also would like to know if you have spoken to the reviewer? Even a little differences between the rater and senior rater comments should be sniffed out by the reviewer (or the CSM).

I am on the fence with the 3/3 thing, a couple years ago I would of agreed that it wouldn't hurt you but these days it sure isn't going to help you. Were you counseled properly every quarter on a DA Form 2166-8-1? Did the senior rater counsel you at all justifying the comments and blocks? If improperly counseled or no counseling at all you have a strong case for appeal.

Be careful with the appeal process as you could end up with nonrated time for the entire evaluation period if the appeal is won in your favor. So that begs the question is the NCOER so terrible that nonrated time will look better?
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
Thank you for your response CSM Oldsen.

I have spoken to the reviewer and there was little they could actually do. Essentially what it came down to was, the through date on the NCOER was in June, I did not even see the NCOER until the end of September because of what this officer was trying to do. They could not agree on what bullets and rating to give me because she had made this personal. I was originally going to get a 4/4 and the bullets were written in such a way that were highly questionable at best and was since changed to a 3/3 after many weeks of going back and forth. Additionally, my rater wanted to give me something higher than what I got however my senior rater was telling my rater how to change the bullets to what she wanted. My rater would put something in and when it was sent to my senior rater for her bullets, bullets were changed to what the senior rater wanted without talking to the rater first, if that makes sense. This went on for weeks until a compromise was met.

I was also counseled on a 4856 instead of the 2166. My situation was very complicated. My rater was supposed to be my first line supervisor, however once this Captain came into the office it was supposed to change but it never did officially, it just kind of happened. No paperwork was done to point out this change. My first line was selected for another duty position and was supposed to be moved out of the office but that did not happen either, so I reported to my fire line and was reprimanded for not reporting to the captain even though it was never pointed out until almost 2 months after she was there and I received a negative 4856 because of this, since the change in first line was done verbally and not on paper. Once it was time to write the NCOER, my first line who was first in charge became the overall rater and the captain became the senior rater, again this was something that took many weeks for my unit to actually decide. I was told very little about my NCOER until I actually got it. I also did not have a sit down my senior rater to discuss what happened, my rater had also since PCSd a few days after the NCOER was finished so I never talked with anyone other than the CSM about what went on and even then it was vague. I didn't get my NCOER until about 1 week before I PCSd so when I went to talk to legal to start the appeal they told me they couldn't help because my time was short, I had to wait until I got to my next assignment, almost 3 months later, due to leave and ALC in route to start the appeal.

With the counseling justifying the bullets, yes I was however I did not agree with them at all. Because of the nature of this officer and her demeanor towards me, I felt like I was backed into a corner. I know it is my right to disagree on the 4856 but I did not, I felt like I would be punished if I did. I typed a up a full rebuttal to this counseling packet and submitted it to my BN CDR which he then initiated a commanders inquiry. I never did find out what the results were, the only word I got was it was being taken care of and never heard anything back since. This officer made me feel like I was unimportant and I was a complete failure in what I was doing because of one mistake which I was set up for failure on.

Would you recommend I even pursue this? It just sounds like I am caught between a rock and hard place. I hope I am going about this right way and am not hurting myself in trying to appeal, that NCOER covers 11 months, that would be a pretty large gap.
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CSM Brigade Operations (S3) Sergeant Major
CSM (Join to see)
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SSG Theodore Scherer
I will tell you what I would do. I would let it ride and keep driving on. When your records go before the SFC board they will look at your last five NCOERs, if four of them are good and that one 3/3 is on of the five the board will figure it out. As far as the Warrant Officer thing goes you should talk to the recruiter and see how it would affect your selection. Not to drop a dime on one of my peers but just going off what you have stated your CSM really shit the bed on this one. He/she should of been the mediator on this and ensured a fair evaluation was submitted. Wishing you the best of luck brother!
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
CSM Oldsen,

Thank you for your advice. I really do appreciate it. It just seemed like everyone in the organization was just waiting for me to PCS so they could forget about it and not deal with it anymore. It is what it is.
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SGT Francis Wright
SGT Francis Wright
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I agree with the CSM just drive on and don't let the negativity define you.
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SFC Petroleum Supply Specialist
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no it will not hurt you if you don't sign. I had this happen to me as a Staff and made it to SFC. Plus the board will see the inconsistance with this rating versus the other 4 NCOER that the board looks at. Now will it get looked at unfavorably by some on the board...absouletly but trust me you can rebound and thats just his opinion. This to shall past.
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
Thank you for your input SFC Bethea. After speaking with several seniors and warrant officers, they did say the same thing. I can hold my head high leaving this installation knowing I did everything I could minus appealing, which I am still prepared to do once I reach my next duty station. It just amazes me the lengths some people are willing to go to ensure that someone's career is either ended or delayed because they simply do not like you.
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Does a 3/3 on NCOER prevent me from continuing my career in the military?
LTC Operations Officer (Opso)
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You sign it for administrative purposes only. You could and probably should appeal if you feel that this is not a fair representation of you during that year and if that one incident did not warrant this rating. Especially if you want to be selected for warrant anytime soon as they look at your most recent NCOERs. You want the most recent ones to be the best. If talking to your rating chain does not allow you to get a higher rating you have the chance to appeal. Now, that does not mean it will be ruled in your favor as we all see differently than others and the process may rule in favor of your chain.
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
You have a valid point sir. This information has been a help to me. I appreciate you taking the time to offer advice on this matter.
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SFC William Swartz Jr
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Edited 11 y ago
A 3/3 is not a career "killer", however it may "slow" you down for your promotion to SFC, I know this first hand as I received 3/3's on my first 2 NCOERs as a detailed recruiter and it took 2-3 years longer than it should have for me to get selected for SFC. Now, getting a Needs Improvement in Duties and Responsibilities may have a negative effect on your getting promoted in a "normal" timeframe as well.

*** Sorry I was tardy to the party on this post, I didn't see the posting date until I read further down the thread.....I hope that you are successful in getting this straightened out, I know that had I "fought" a little more back in the day, maybe I wouldn't have received the 3/3s that I did, but I was a young SSG and really didn't know how my time in recruiting would affect my career. Good luck with everything brother!
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
SFC Swartz,

Thank you for your advice. Not to worry about the response, I have been constantly asking about what the best course of action is on this since October last year. As what CSM Oldsen was saying, I really hope I am not hurting myself by trying to fight this. My thing is, so long as as I can get a better evaluation on my next one, it should even me out because everything I have up to this point shows a steady stream of improvement and then all of a sudden I just turned into crap? I would hope a warrant officer/SFC board can see through the garbage of what this is.

I cannot recommend anyone try to go to this organization. I am not the first person this has happened to.
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SFC William Swartz Jr
SFC William Swartz Jr
11 y
SSG Theodore Scherer keep you chin up, continue to do what you do and in the end all should work out for the best for you!!
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Lt Col Aerospace Planner
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If you feel that you rated low due to a retaliation I would say yes you should appeal, and even file an IG complaint. I have a friend who is in the Navy as a Surface Warfare Officer you filed an investigation against his chain for unbecoming conduct. He was rated low on his report but after the IG complaint and Jag investigation he was able to get a new report.
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
Thank you for your advice sir, I really appreciate it. This entire situation I am in is definitely meeting the criteria of a personal grudge on the part of my senior rater. Right until the day I left Hawaii, they were attempting to influence other personnel who were rating me in a completely different unit to change that NCOER because it was better than the one they gave me.
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SFC Human Resources Specialist
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With all the changes in Army rules, standards, and regulations there is no telling what a 3/3 will do for you. I have seen soldiers discharged for DUI and BAH malusage from years and years ago. You dont want this to haunt you for years to come. You can always write a statement to be placed in your file to address any discrepancies in your NCOER for the board. Whatever you decide, good luck!

SFC G
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MSG (Non-Rated)
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SSG,

I just (successfully) got done with this process. Approximately 90% of appeals are rejected. You need to be able to prove multiple things. 1st, your performance was higher than what was rated. 2nd, the situation was not your doing AND (depending how they wrote it) was not your responsibility (delegate authority vs responsibility). The undue command influence is a good route to go. having having said that get a JAG officers opinion as well as senior NCO's in your unit. Take an objective look at the situation and do a self assessment. If JAG the senior NCO's of your unit, and your self assessment come back with a "Appeal this NCOER" than read up on the regulation.

A 3/3 is not a career killer according to regulation and reality. It WILL likely hurt you for several looks at SFC.

If you decide to go ahead with the appeal, ensure you have all of your ducks in a row. You want to, objectively make a case for the appeal. The burden of proof lies with the Soldier as the Command/Rating Chain is assumed to be working in good faith and integrity. Document every situation from as many different perspectives as possible. If your NCOER actually changed from originally submission from the rater to the final version due to the officer, then document that as well as the creation and submission dates if you can (screen captures of file properties can do this). If you need more help message me and we can talk on the phone or over email.

An additional avenue for you may be (if the Command is involved) is a Complaint against the Commander as authorized in the UCMJ (goggle it for more details) in this case you need to submit a formal MFR requesting redress. The Memo must specifically state the problem and exactly the redress you desire. It must be submitted within a limited time ( I think it is likely 90 days but check on that) and MUST cite you are submitting it pursuant to the specific article of the UCMJ discussing a complaint against a commander. This triggers several events and puts a clock on the Commanders actions and reply. this allows you to, upon expiration of the clock and lack of sufficient redress, submit the complaint to the first GCMA in your chain for investigation and action. The results are reviewed by the Army IG and Secretary of the Army. These are not steps to be taken lightly as the results, either way, are filed in the Commanders record. Again talk to JAG about it as they are the SME's.

Think carefully and let me know if you would like to talk.

SFC L
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MSG (Non-Rated)
MSG (Join to see)
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additionally, signing the NCOER only states the Admin data is correct...It does not mean you agree with the rating...sign it.
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CSM Director, Market Development
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My Advice: Sign the eval. Like stated, it is verification of the admin data and will show that you are not being "hostile" to the process. Based on your statement, I would start the appeal process. Gather as much supporting evidence as possible. Keep it "non-personal". I would also consider bringing in IG based on the Toxic Leadership comment.

a 3/3 is not a killer. If your evals prior are shiny and your next eval is also shiny, any board will put 2+2 together.
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
Thank you for the advice CSM Bentley, I became a platoon sergeant at my new unit, I just need to make sure that I put forth extra effort and take care of my Soldiers and all should be alright. When I spoke to IG at my last unit they told me that they could not do anything because I was the only person who had made a complaint. I more or less gave up because I was not sure what to do. I have since spoken to legal and the appeal process is under way. So we will see how this goes. Thank you again.
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SSG Human Resources Specialist
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SSG Theodore Scherer dont forget to look into AR 623-3 Ch 4 Para 4-7 (section III) dtd 31 MAR 14, this was a major revision not to long ago and I know there was some recent updates as well. You are looking at a substantive appeal. Appeals of this nature are alleging bias, prejudice, inaccurate or unjust ratings, or any matter other than administrative errors.

Key things to remember as you go through this process:

a. be objective, stick to the facts only! if there is any hint of a personality conflict, it will bog down.

b. document, document, document. Get something in writing from a 3rd partys, what are the discrepancies, were discrepancies out of your control, as you stated "for a situation that was proven to not be my doing."

c statements - get statement from those who know you best, your raters, unless they were biased against you. How about those who were in the duty position you are in now, is there anything different they did as compared to you? You want to get as much weight on when it deals with technical proficiency/competency, leadership style, your management and your duty performance. This is about specifics not opinions.

d. maintain your military bearing, and don't get emotional, keep a cool head about this even though you may want to throat punch someone. The moment you make this personal, this thing will end quicker before getting started.

e. make sure you get a copy of your case summary from legal, in case things don't pan out. Don't let them BS you. You can request it under FOIA. Not trying to be downer, just keeping it real.

f. patience is a virtue, remember that, it will serve you well. Just got to make sure all your ducks are in row, critique it, sharpshoot it, pick it apart because thats I would do if I was on the other side of the table.

Just to caveat on what else has been said, you have option not to sign the evaluation report as stated here by several senior NCOs; however, not signing the evaluation report will not stop the report from being processed. The rated Soldier’s signature simply acknowledges that they have seen the report and verified that the administrative data is correct. The Soldier’s signature does not mean he or she agrees or disagrees with the content of the evaluation. The senior rater will address the missing signature in the senior rater portion of the evaluation.
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SSG Theodore Scherer
SSG Theodore Scherer
11 y
You are correct SSG Garza, essentially the same regulation just a DA PAM now. I have looked at the updated version and there are things that do apply to me in this situation. Thank you for your advice, it really is helping me.
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SSG Human Resources Specialist
SSG (Join to see)
11 y
Much luck to you, I hope it works out well for you.
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