Other than using my chain of command, how can I rectify false statements on my NCOER?

2018-03-04T07:43:01-05:00

So my last NCOER I feel I was sandbagged for missing a battle assembly for charity events I had previously scheduled but wasn’t allowed an RST. The unit rescheduled the battle assembly and gave less than a months notice. I was never counseled on the U’s they gave me or the negative bullets they put in my NCOER. I’ve gone all the way to my 1SG with this but was told if I appealed I would lose.

Response by MSgt John McGowan made Mar 4 at 2018 8:01 AM

2018-03-04T08:01:07-05:00

Good question that I can’t answer. However, you will be told you can’t do something when the fact is they don’t want you to do it. Makes them look bad. Suggest you check reg. On NCOER rather than taking someone’s word for it. Do your home work. Was told I couldn’t put in a waiver for a Airman, I put it in and got the waiver.

Response by SGM Bill Frazer made Mar 4 at 2018 10:48 AM

2018-03-04T10:48:21-05:00

NCOER's can be appealed all the way to DA. It takes paperwork and a lot of time. Never a sure thing, unless you can show they violated the regulation somehow.

Response by PVT Mark Brown made Mar 4 at 2018 11:30 AM

2018-03-04T11:30:19-05:00

Seems unfair. Since you were shot down by your top shirt with only the warning you would fail no matter where you went with your issue would seem unfair to me. The appearance is that he just wants you to be quiet and be a good little soldier. Can you get an appoint to talk to battalion S-3? Maybe you can find an ear to hear you out at that level. I would think personnel (under the purview of S-3) would be a place to get the ball rolling. I am many years removed from the Army and way things are accomplished. Good luck Sgt.

Response by SSG Trevor S. made Mar 4 at 2018 2:28 PM

2018-03-04T14:28:18-05:00

You might win an appeal, you might lose. The only definite way to lose is to not try. I know there is another side to the story, but if your side of events is accurate the only thing you have to lose is the time you put into the appeal. Or, are you more concerned about the command atmosphere after they learn of the appeal?

Response by SGT Joseph Gunderson made Mar 4 at 2018 4:09 PM

2018-03-04T16:09:56-05:00

Actually, if there are no documents to prove the substandard ratings then you will probably automatically win that appeal. I would go for it. The failure of your support chain or rating scheme to do the paperwork benefits you.

Response by CSM Darieus ZaGara made Mar 4 at 2018 6:06 PM

2018-03-04T18:06:00-05:00

First you do not sign it. Take it to your COC and then the IG. Thank you for your service.

Response by 1LT Private RallyPoint Member made Mar 4 at 2018 7:27 PM

2018-03-04T19:27:27-05:00

All you have to prove is that your rating chain did something wrong in the process. Even something as simple as not having any documentation to back up the nicer, i.e. quarterly counseling, then you will win an appeal.

Response by CW3 Kevin Storm made Mar 4 at 2018 8:14 PM

2018-03-04T20:14:26-05:00

This is a tough one, they should not of given you a U especially if the unit changed the dates. A lot of people work jobs that don't allow them to just change it their units discretion. IMHO your 1SG is wrong, no counseling should not result with a needs to improve. But go in with in facts not opinions.

Response by CPT Private RallyPoint Member made Mar 5 at 2018 12:47 PM

2018-03-05T12:47:56-05:00

First, they do not need to provide counseling to you for the missing U's, this is already documented through the unit sign-in roster and if your unit was on the ball they probably attempted to call you during the BTA and now have a record that will count against you regardless if you received a counseling or not.

I won't get into the nitty gritty as it sounds like you've already attempted to solve this at the lowest levels. Yes you can appeal, if you lose; nothing different happens NCOER is processed as usual. If you win great, you'll get another NCOER. Understand that the repeal process effects everyone in your rating chain, even if you do win I wouldn't expect high rating NCOER afterwards.

So the question is: Is it worth the fight? I see that your promoteable, will this NCOER cause you to lose your P status? typically not. HOWEVER if it truly will, then FIGHT. ultimately you are responsible for your own career. Is the overall Rating 'NOT-QUALIFIED'? If its not, lick your wounds and consider yourself lucky and do great things in the Army Reserves.

Not all leadership is equal, and some are downright mean. But there are always options, some better and others...

Response by CSM Richard StCyr made Mar 5 at 2018 4:31 PM

2018-03-05T16:31:38-05:00

Submit an appeal. You never know if you don't try. The process is contained in CH6 of DA PAM 623-3. Here's an excerpt.
6–2. Preparing an appeal a. Develop rationale. An appeal’s success depends on the care with which the case is prepared, the line of argument presented, and the strength of the evidence presented to support it. Begin by specifically identifying those entries or comments to be challenged, the perceived inaccuracy in each entry or comment, the evidence you think is necessary to prove the alleged inaccuracy, and where and how to obtain such evidence. b. Obtain evidence. (1) Collect supporting evidence necessary to refute adequately the contested evaluation report. (2) Third party statements form the basis of most substantive appeals: “Third parties” are persons who have official knowledge of the rated Soldier’s duty performance during the period of the evaluation report being appealed. Statements from Soldiers who establish they were on hand during the contested rating period, who refute faulting remarks on the evaluation report, and who served in positions from which they could observe the appellant’s performance and their interactions with rating officials, are both useful and supportive. These statements should be specific and not deal in general discussions of the appellant. As an example, if an appellant desired to challenge a comment concerning his or her ability to communicate effectively with subordinates, it would be advantageous for that appellant to provide statements from a cross-section of individuals who could provide specific information pertaining to
137DA PAM 623–3 • 10 November 2015
the faulting comment. Although third party statements can be provided by knowledgeable subordinates, peers, and superiors, additional weight is normally given those statements where the authors occupied vantage points during the contested period that closely approximated those of the rating officials. An example could be a BN executive officer that had knowledge of the situation in a company, battery, or troop. Such third party statements should be on letterhead if possible; describe the author’s duty relationship to the appellant during the period of the contested report; describe and demonstrate degree (frequency) of observation; and should include the author’s current address and telephone number. (3) Statements from rating officials often reflect retrospective thinking, or second thoughts, prompted by an appellant’s nonselection or other unfavorable personnel action claimed to be the sole result of the contested evaluation report. As a result, claims by rating officials that they did not intend to evaluate as they did will not, alone, serve as the basis of altering or withdrawing an evaluation report. Rating officials may, however, provide statements of support contending the discovery of new information that would have resulted in an improved evaluation had it been known at the time of evaluation report preparations. Such statements must describe what the new information consists of, when and how it was discovered, why it was reportedly unknown at the time of evaluation report preparation, and the logical impact it may have had on the contested evaluation report had it been known at the time the evaluation report was originally prepared (see AR 623–3). (4) Official documents may substantiate that an evaluation report is in error. (a) In an administrative appeal, for example, an official copy of a published rating scheme in effect during a specific evaluation report period may indicate that an incorrect rating official prepared an evaluation; or duty appointment orders and appropriate extracts from local personnel records may indicate that the period of a report, duty title, or periods of nonrated time are incorrect. (b) For substantive claims, certain documents such as annual general inspection results may be helpful in refuting faulting remarks on an evaluation report concerning an appellant’s duty performance, provided such documents are official copies, are relevant to the rating period, and specifically pertain to faulting comments. (c) Award citations and letters of commendation may or may not be of value. The period and circumstances surrounding an award or letter of commendation must be compared to the contested period and circumstances surrounding the contested evaluation report. Are they relevant to the period? Do they refute the report? (5) To obtain current mailing addresses of Army personnel, check first with your local BN or BDE S1, or administrative office. If the individuals in question have since retired or have otherwise left active duty, write to National Personnel Records Center, Army Reference Branch (NCPMA), 1 Reserve Way, St. Louis, MO 63132–5200. The individual’s full name and SSN must be provided along with the request. State that this is for official use in conjunction with an evaluation report appeal. To protect the privacy of individuals no longer on active duty, these agencies will normally forward correspondence to the appropriate individual rather than provide an address. (6) Relevant portions of official documents such as annual general inspection, Army Training and Evaluation Program, or command inspection results may be obtained under the Freedom of Information Act by writing the individual unit or headquarters responsible for conducting such inspections. Addresses for military organizations can be obtained by contacting your servicing administrative office. (7) To obtain records and verify dates, start with the AMHRR for orders and other documents, or contact a former organization, BN and/or BDE S1, or unit-level Army administrative office to determine whether records are still retained.