Posted on Nov 3, 2022
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I reviewed my NCOER and noticed that something didn't seem right. My rater gave me a rating of 1 of 2 SSG. When I looked at my senior rater comments and overall rating it stated that I was top 50% of the 7 NCOs that he senior rates promote with peers and send to SLC when eligible. He gave me rating of qualified. However, the senior rater has been my senior rater for 3 1/2 months, never received an initial counseling or performance measure counselings, their doing an annual NCOER, but I didn't report to the duty station until late November of 2021 and to the company until middle of February
2022 they have my initial counseling dated a month prior to me arriving to my duty station and all the other counseling dates on the NCOER I never received counseling on those dates. I talked to my 1SG about this and he said he will talk to my senior rater about this. Is there anything I could talk to legal about this?
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Responses: 3
SFC Retention Operations Nco
I think you should go back and read over the Evaluation regulation before you try going to legal and IG. You're probably receiving an annual eval because it's been a year since your last one. Assuming you are a DS, that time is probably unrated school time for the DS course. Your Senior Rater isn't required to counsel you.

I'm sure wherever you came from you were considered a top performer among your peers. You are now in a pool of peers who were all the very top performers, and that is who you are being rated against. Just doing your job well equals being Qualified - everyone is doing their job well, that's what the expectation is for Drill Sergeants. You will want to read up on Senior Rater profiles to understand how their rating of you also affects the value of their rating of the other members of their pool.
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I am not serving as a drill sergeant anymore. IAW AR 623-3 if I never received an initial and quarterly counselings, then the rater must explain why. From my understanding lying/falsifying on a government document is absolutely wrong. I don't understand how I'm getting an annual NCOER from a rater who's been rating me since February 2022 and a senior rater whose been rating me since June 2022. My last NCOER was done October 2021 but I didn't report to my duty station until November 2021 and then reported to my unit until February 2022. This is why I asked if legal would have advice for me because this is false documentation, violation of regulation, and the army values.
CPT Company Commander
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SSG Zachary Kelly - I have seen this play out once. They threw out the NCOER and a year was left unevaluated. From what I understand it is a death sentence for a career to have a year unevaluated. By regulation you can not have someone change an evaluation due to command influence. Your SR could, in theory, change the bullets and still give you the same rating. At the end of the day you would be sitting in the same spot.
SFC Retention Operations Nco
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SSG Zachary Kelly as you've read 623-3 you know that is more than enough time for your rater to rate you. Your eval should go from your last eval date, your time until you arrived at your unit is unrated time. You can certainly challenge your counseling dates, but that doesn't change your bullets, it doesn't change whether or not your rater is qualified to rate you, and it doesn't change your senior rater.

Legal handles laws and UCMJ, NCOERs are an administrative process. While JAG loves to give their advice, they have zero authority over administrative processes such as Bars, GOMORS, QMP, or evals. If you feel that your rater isn't following policy you can go to IG. IG will tell your rater that they have to add the comments about why you weren't counseled. That's it. In the end, the evaluation board doesn't care about your comments, they care about your assignment history first and your evals second. A person in a broadening assignment, especially a demanding one like Drill, who is qualified is going to be rated higher than someone who's highly qualified in a normal position.
CSM Darieus ZaGara
As advised read the regulations associated with the NCOER, you will be surprised at what you learn. There is no legal matter here. I believe all your questions will be answered, save one, instead of being frustrated, why not ask your COC how you can do better.
1px xxx
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IAW AR 623-3 if I never received initial or quarterly counselings, they must explain why. This is why I'm challenging my rating, because these are false dates, my rater wasn't rating me until February 2022 and my senior rater didn't begin rating me until June 2022. How can someone rate and entire years worth, when they weren't part of the unit until recently? From my understanding falsifying on a government document is absolutely wrong.
CSM Darieus ZaGara
CSM Darieus ZaGara
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SSG Zachary Kelly That is exactly what I am eluding to. Empower yourself with the knowledge and you will be surprised what is possible. If your unit leadership has violated policy and regulation and you have the facts to back it then you should escalate.
CPT Company Commander
Edited 2 y ago
You could always challenge it but seldom does that work unless you have something showing that you are being targeted. He's evaluating you on your performance against other ncos that you may not necessarily see. Just as an example, if a person performs well in a low functioning unit he may be rated best but we're compared to a high-functioning unit he may be rated below their average performer. Usually the only way you could justify that you have been evaluated unfairly is if you have performance measures or achievements that demonstrate your worth of the position.

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