Posted on May 9, 2016
Has anybody successfully submitted an appeal against a falsified NCOER?
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This question was brought to me recently. A concerned peer is just now finding out about the NCOER appeal process. Their concern is the counseling dates were falsified giving the individual no time to rehabilitate from a 4/4 rating. Also, to clarify it's not just the counseling dates in question. What is the level of proof needed etc.? I personally have not dealt with this type of situation, but want to help them out the best I can without just sending them to the HRC website.
Leadership
Senior Leaders
NCOER
Edited >1 y ago
Posted >1 y ago
Responses: 130
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If there are digital signatures each one has a date time imprinted into it.
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Wow, you all dont even want to know what goes into the USAF EPR and feedback sessions.
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Did the Rater put this in the NCOER support form? Let alone that NCOER is complete garbage! I wonder how it made it through with all of the signatures.
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I'm finding it hard to believe that this is an actual NCOER. No where that I have ever been stationed would a unit accept an NCOER this poorly completed. This includes time in the National Guard. Also. this is not a current NCOER because it is on the wrong form.
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SGT Nia Chiaraluce
The through date was '09. We are having a hard time finding any statute of limitations in black and white for and appeal. He doesn't want to risk a QMP because of it.
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SSG (Join to see)
It took me less than five minutes to find this in the regulation (AR 623-3) It doesn't get any more black and white than that. Appeals begin on page 80 of the regulation.
b. Substantive appeals will be submitted within 3 years of an evaluation report “THRU” date. Failure to submit an
appeal within this time will require the appellant to submit his or her appeal to the ABCMR, in accordance with AR
15–185. Soldiers may apply online to the ABCMR at http://arba.army.pentagon.mil.
d. Administrative appeals will be considered regardless of the time that has elapsed since the period of the
evaluation report and a decision will be made in view of the regulation in effect at the time the evaluation report was
rendered. The likelihood of successfully appealing an evaluation report diminishes, as a rule, with the passage of time.
Prompt submission is recommended.
b. Substantive appeals will be submitted within 3 years of an evaluation report “THRU” date. Failure to submit an
appeal within this time will require the appellant to submit his or her appeal to the ABCMR, in accordance with AR
15–185. Soldiers may apply online to the ABCMR at http://arba.army.pentagon.mil.
d. Administrative appeals will be considered regardless of the time that has elapsed since the period of the
evaluation report and a decision will be made in view of the regulation in effect at the time the evaluation report was
rendered. The likelihood of successfully appealing an evaluation report diminishes, as a rule, with the passage of time.
Prompt submission is recommended.
Army Review Boards Agency (ARBA)
The Army Review Boards Agency serves as the highest administrative level for review of personnel actions taken by lower levels of the Army and administers a number of boards including those listed below.
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SSG (Join to see)
By the way who in their right mind would wait 7 years to try and contest a NCOER that they claim is false? Unless they waited until it would be near impossible to get a hold of those involved in the process.
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SGT Nia Chiaraluce
The were told to let it lie and it wouldn't have this sort of impact later on in their career. At the time that was an accurate statement, however now it is not the case. Branch is who is telling them they have to appeal regardless how old it is.
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This looks like BS, as in there is no way this was submitted and approved. So by falsified I hope you meant someone somehow slipped this paper into this NCO's service record or he found it laying around as some sort of joke.
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I had an NCOER where my signature, my platoon leader's and the CO were clearly forged. Not a bad NCOER, but the principle of the thing bugged me. I went to JAG was assigned a lawyer and he obtained affidavits attesting to the false signatures and the NCOER was removed from my record, the rater had suddenly retired and lacked patience i suppose. I ended up with unrated time
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I've only had to write a couple (well deserved) rough NCOERs during my career. And what I did, just to end the fight before it begins, I include ALL of counselings (good and bad) that justified the NCOER in a folder with the draft of the NCOER so the senior rater and reviewer could understand where I justified what I was writing. Everything MUST be documented to the "lowest common denominator" so there can be no question. If you don't have it all in writing, you can't write a rough NCOER, no matter how much the Soldier may deserve it...and it would be your fault.
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Are you certain you're not being hoodwinked by your peer about this one? When I saw that NCOER I thought it might have been a sample of a bad one rather than the actual one. I just cannot believe the images provided passed muster and made it to HRC. I have numerous questions; Why does the duty description NOT start out past tense? Why is the boiler plate "(Insert Unit)" still in the NCOER? Why are no counseling dates listed? Why is the APFT date not in the NCOER? Why is there NOT a Yes or No for PASS? Why do the NONE of the bullet comments follow standard? Finally, how did this make it past the 1SG and CSM's eagle eyes to get sent up to HRC with these basic glaring errors? Things this bad just don't make it in my experience. The narrative is the next thing. It should have been questioned and then followed up by leadership at the time. Period! If deserved, well... There you go! If not, the soldier shot them self in the foot, so to speak. I read a comment that the NCOER is from some time ago. The reality of the situation is that it is likely too late to try to appeal if more than a few years have passed since those involved may have moved on to other assignments. Retrieving old paperwork is not an easy task. Best of luck though trying.
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