Posted on Aug 18, 2023
Is it a lawful order to require me to rate a Soldier a certain way? Am I being told to alter a counseling statement?
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My PSG is malingering, a toxic leader, and generally a POS. I have counseled him verbally five times with followed-up MFRs, done a written counseling, and have numerous pieces of evidence to back it up (MFRs, screenshot texts, email chains, and sworn statements) all with JAG's compliance approval. It escalated to the BN Commander when my PSG told the CSM I was treating him unfairly. Fast forward six months, the BN Commander wants him out of the unit, and the Soldier refuses to change his behavior. The Commander has directed me to write him a mid-level NCOER so his gaining unit does not send him back to us. Further, my Company Commander said in so many words that his previous counseling must accurately reflect the NCOER I write, which sounds to me like he's telling me to alter it, but maybe I'm reading too much into it.
In my gut, this does not feel right, but I do not know if it rises to the level of refusing the order, and is it even worth it if the guy is leaving the unit anyway?
In my gut, this does not feel right, but I do not know if it rises to the level of refusing the order, and is it even worth it if the guy is leaving the unit anyway?
NCOER
Morals
Edited >1 y ago
Posted >1 y ago
Responses: 11
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A gaining unit cannot send a Soldier back because of a rating from the previous unit.
If your counselings says what you say they do, and your command is aware of the poor performance the NCOER may be even less than mid level. No matter what the commands say you are obligated to rate the NCO in a fare and professional manner without thing about any consequence. The one thing that throws me a bit is that you have not mentioned the Platoon Sgt, 1SG and or the CSM.
I would hope that you are seeking there guidance?
If your counselings says what you say they do, and your command is aware of the poor performance the NCOER may be even less than mid level. No matter what the commands say you are obligated to rate the NCO in a fare and professional manner without thing about any consequence. The one thing that throws me a bit is that you have not mentioned the Platoon Sgt, 1SG and or the CSM.
I would hope that you are seeking there guidance?
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1LT (Join to see)
Thank you for your guidance, CSM. I realize now that for clarification I should have mentioned the Soldier is my PSG, and the directive from the BC came down from the CSM, to my 1SG, to me.
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Like any OER or NCOER, you should write the eval that the rated earned, fair and accurate. Every time.
And the gaining unit isn't actually allowed to send the Soldier back just because they don't like what they see on a previous NCOER.
And the gaining unit isn't actually allowed to send the Soldier back just because they don't like what they see on a previous NCOER.
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Sir, if all your counselling forms, both quarterly and event oriented, reflect what you said here, I would like to remind you that you have the ability to add them as attachments (in fact, I would highly recommend you attach them), then what you write, as long as the bullets match the counselling forms, is what you write and you're in the clear. You can certainly use any and all information from his previous counselling forms and input onto the NCOER. Remember, be factual and be truthful.
But to tell you to write them a mid-level NCOER just to ensure this Soldier is not sent back to you....this tells me that EVERYONE is tracking he's a dirtbag. Write truthful. It's stuff like this that keeps perpetuating bad leadership. Passing the buck and ignoring the issue once the problem is no longer in sight does not solve the problem.
And, to answer your question....telling you to write an NCOER a certain way...to me...is immoral and unethical. Which makes it illegal order.
But to tell you to write them a mid-level NCOER just to ensure this Soldier is not sent back to you....this tells me that EVERYONE is tracking he's a dirtbag. Write truthful. It's stuff like this that keeps perpetuating bad leadership. Passing the buck and ignoring the issue once the problem is no longer in sight does not solve the problem.
And, to answer your question....telling you to write an NCOER a certain way...to me...is immoral and unethical. Which makes it illegal order.
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1LT (Join to see)
Thanks for your feedback, MSG. How do I add attachments to an NCOER? That's new information to me.
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MSG (Join to see)
When you are in EES writing the Eval, there will be a button that says "attachments." That's where you'd add the counselling forms for substantiating documents.
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