Posted on Aug 21, 2024
How is an R code on NCOER treated by HRC and promotion boards? Is it referred to the QMP Board, and should I fight to get it removed?
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I received a referred NCOER with the "-r".
My NCOER was a Change of Rater, Met Standard, and Qualified. I received a "No go" in my character block with a bland comment that said did not uphold Army values.
I don't have any derogatory information in my file and I don't have a restricted file either.
I scanned AR 623-3 and it doesn't talk much about the referred NCOER. Can anyone tell me more? Is it just labeled that to flag HRC and board members that I have a NO GO in that eval? Is it referred to the QMP Board?
Should I fight to get it removed?
Thanks in advance
My NCOER was a Change of Rater, Met Standard, and Qualified. I received a "No go" in my character block with a bland comment that said did not uphold Army values.
I don't have any derogatory information in my file and I don't have a restricted file either.
I scanned AR 623-3 and it doesn't talk much about the referred NCOER. Can anyone tell me more? Is it just labeled that to flag HRC and board members that I have a NO GO in that eval? Is it referred to the QMP Board?
Should I fight to get it removed?
Thanks in advance
NCOER
Promotions
MSG Board
Board Member
Sergeant Major
Posted 4 mo ago
Responses: 4
4
4
0
AR 623-3
"(12) Referred reports (OERs and AERs) are provided to the rated Soldier for acknowledgment or comment before being sent to HQDA. This also applies to OER, AER, and NCOER addenda and AER addenda containing unfavorable information and submitted under the provisions of paragraph 3–39. In such instances, commanders will ensure that the rated Soldier understands that their comments do not constitute an appeal or a request for Commander’s or Commandant’s Inquiry."
I found this link: https://mattbarrylaw.com/2020/12/07/ncoer-appeal/
An NCOER with negative comments, or "no" block checks (referred NCOER), is career threatening for the NCO who receives it. In addition to limiting promotion potential, a negative NCOER can trigger the Army QMP process. If an NCO just received a negative NCOER, it is advisable to retain a military lawyer to assist with an appeal.
NCOER appeals in the Army are governed by AR 623-3, chapter 4, available at this link.
Any NCO who receives an evaluation report that he/she believes is inaccurate or unjust has several ways to submit an NCOER appeal.
The first way for an NCO to appeal an NCOER is through something called a Commander's or Commandant's Inquiry. Essentially, if any alleged error, injustice, or inaccuracy is brought to a Commander or Commandant, he/she can conduct an inquiry to determine if relief is warranted. The Commander/Commandant in question must be above the designated rating official involved in the alleged error, injustice or inaccuracy. Any request for an inquiry must be made no later than 60 days after the signature date of the rated Soldier. The results of the inquiry will be forwarded to HQDA no later than 120 days after the signature date of the senior rater.
"(12) Referred reports (OERs and AERs) are provided to the rated Soldier for acknowledgment or comment before being sent to HQDA. This also applies to OER, AER, and NCOER addenda and AER addenda containing unfavorable information and submitted under the provisions of paragraph 3–39. In such instances, commanders will ensure that the rated Soldier understands that their comments do not constitute an appeal or a request for Commander’s or Commandant’s Inquiry."
I found this link: https://mattbarrylaw.com/2020/12/07/ncoer-appeal/
An NCOER with negative comments, or "no" block checks (referred NCOER), is career threatening for the NCO who receives it. In addition to limiting promotion potential, a negative NCOER can trigger the Army QMP process. If an NCO just received a negative NCOER, it is advisable to retain a military lawyer to assist with an appeal.
NCOER appeals in the Army are governed by AR 623-3, chapter 4, available at this link.
Any NCO who receives an evaluation report that he/she believes is inaccurate or unjust has several ways to submit an NCOER appeal.
The first way for an NCO to appeal an NCOER is through something called a Commander's or Commandant's Inquiry. Essentially, if any alleged error, injustice, or inaccuracy is brought to a Commander or Commandant, he/she can conduct an inquiry to determine if relief is warranted. The Commander/Commandant in question must be above the designated rating official involved in the alleged error, injustice or inaccuracy. Any request for an inquiry must be made no later than 60 days after the signature date of the rated Soldier. The results of the inquiry will be forwarded to HQDA no later than 120 days after the signature date of the senior rater.
How does an NCO submit an NCOER Appeal? Attorney Matthew Barry, an experienced military defense lawyer, explains here in this article.
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Did you sign it?
If I were in your place, I would talk to JAG. Enlisted unfortunately get less due process than officers, but Army lawyer should be able to advise you on how to fight it if you want.
If I were in your place, I would talk to JAG. Enlisted unfortunately get less due process than officers, but Army lawyer should be able to advise you on how to fight it if you want.
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SGM Mikel Dawson
Signing it only means you have checked the Admin data and it is correct, has nothing to do with agreeing or disagreeing with any comments or ratings.
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The only real thing I could find was #6 at the included link
https://www.armyadminlaw.com/faq#:~:text=What%20should%20you%20do%20if%20you%20have%20received%20a%20referred,performance%20during%20that%20rating%20period.
https://www.armyadminlaw.com/faq#:~:text=What%20should%20you%20do%20if%20you%20have%20received%20a%20referred,performance%20during%20that%20rating%20period.
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