Has anybody successfully submitted an appeal against a falsified NCOER?

proof should be in the nco counselling support form , but this can also be falsified

First and foremost NCO's counseling packet has to reflect whatever is written within his NCOER. If it is not then he has to justify with his seniors why is he giving this NCO a 4/4. I've dealt with bad leadership and have taken a situation like this to the CSM because some NCO's can be detrimental to your career. You may be more knowledgeable or you're standing up for what's right and they can't fathom the fact that you're doing the right thing so they see it as disrespect instead of noticing that you're a good NCO. So since they deem it as disrespect they attempt to dishonor you with a bad rating, but can't justify it. I personally took it to TOP and then since I didn't like his verbiage I went straight to the top and trust me when I say this! They were stuttering with the CSM when He asked for the counseling packet and the fact that it didn't reflect what he had written within my NCOER.

As a 1SG this NCOER would have been looked at along with the counseling statements and AR-15s. This Eval looks like one attached to his chapter packet, If not I would defiantly be looking at the rater and endorser for their lack of leadership.

I am having the same problem

This is not an NCO in my opinion. Unfortunately we have lots of Sergenats but very little NCOS in the Army these days. Now we need to see were is the problem. First Senior NCOs are not really doing their job. I have seen lots of E-6 and even some E-5s appointed as PSGs while the %-7s in those units stay at the margin waiting for their time to retire and not assuming their responsibilities. Then you have 1SGs and SGM that let this happen. How is really at fault. Is our responsibility as Senior NCOs to mentor young Soldiers and NCOs and shape them in to leaders that one day will replace us.

I applaud the individual for even attempting to keep poor performers from being promoted. That is the problem with our system. People are not taking the time to do counseling and are forced to submit a good evaluation. At least this guy had the intestinal fortitude to try and keep this dude from getting promoted. Of course all of you barracks lawyers are going to find a loop hole. Again, that's why we have so many substandard leaders. Lesson learned, go try but do your counselings

Counseling dates have no bearing on a Commander's Inquiry or the appeals process with HRC.

IMHO, from personal experience. Everything should be documented on paper. Counselings, Support forms as soon as any derogatory performance happens. (This goes for POS and NEG things) If not. You WILL forget because of taskings and other things that come up. Then it is too late. Soldier will fight tooth and nail to get it fixed to his satisfaction even if it is true. Hard lesson learned, but it's a lesson. As for original question , go into the Regs and research. Do NOT take hearsay advice as solid fact. Email HRC . May take a week or two for an answer but they usually respond.

SGT,

I submitted an appeal for an NCOER (successfully). If you feel the NCOER is unjustified, and have documentation to support your feelings, I suggest you put together your appeal and submit it. Ensure you read the regulation, the FAQ's, and the appeal worksheet to put it together.

In my case, It took aprox a 9 months to get the paperwork/documentation together (more than 100 pages of supporting documentation). I submitted the appeal and it took aprox. 9-12 months to receive the appeal response. The appeal process does work...it doesnt work quickly. In my case they removed the NCOER and mandated the Standby Advisory Board review all promotion boards that reviewed the specific NCOER as part of my board packet). The STAB recommended me for promotion and I retroactively pinned MSG (aprox 2 years and some change back).

There are other avenues to look at as well. First I would engage the support and command channels. If you feel it is justified, ask for a Commanders Inquiry or 15-6.

Key point to look objectively think about: Is the rating justified? Lack of counseling or incorrect dates are NOT grounds for an appeal.

The NCOER is not written as well as it could be. This doesn't mean the ratings are unjustified. There is a difference between losing a weapon and leaving one unsecure. This NCOER leaves more questions than it answers (which is not good).

As for the one/two bullet thing...it is allowed by the regulation. So this is also not grounds for an appeal.

Bottom Line: Advise your peer to self evaluate and approach the rater to discuss the rating if he can still do so. Even if one or the other has PCS'd have a professional discussion with the rater/SR to see what they can do to improve themselves.

Let me know if you have any questions.

MSG Lantz

If the counseling dates were falsified and their is no proof of an initial counseling or follow up quarterly or event counseling to verify the Soldiers deficiencies then this NCOER will get kicked back to the command upon appeal to be rewritten. If this was reviewed by a 1SG or SGM and approved to move to the soldier for signature then both of them should be relieved.
As for fighting an unjust NCOER, one of the first things you should do is request a commanders inquiry based on the NCOER being unjust. The commander must conduct this inquiry into the your allegations of being blocked for "needs improvement" without counseling stating the standards or goals your leadership had established.
For example, I cant be told I need to improve the way I clean the barracks if I was never shown how to clean them and shown the standard they want them cleaned to before hand. (task, conditions, and standards)
If your commander takes no action on this matter, its time to go through the appeal process. Read DA PAM 623-3 carefully and make sure you have exhausted all avenues to correct this. Your timelines to correct this need to be met so don't hesitate once you commit.
Finally, you should feel a little at ease to know that whatever board see's this NCOER is not going to think any less of you but may actually feel bad that you served for such an incompetent command.
The AR 623-3 and DA PAM 623-3 are your resource on this.