Posted on Mar 22, 2017
What do you do if your CO does not want to finish your officer evaluation report pending your 15-6 outcome?
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I have a friend whose CO is in violation USAR regulations and is not issuing his OER awaiting a 15-6. It is 3 months overdue. 15-6 is over 9 months old on a missing radio an NCO lost in the field in CONUS. My friend has informed his Commander he is in violation of the Army regs. Sja is saying to use legal within his Brigade and he wants to use Army Reserve SJA outside his unit. What can my friend do? USAR TPU solider. IG complaint being generated by affected Officer also. Officer Promotion packed flagged by CO a day before the board file closed. This demonstrates intent of the CO to hurt this officer's career.
Ethics
JAG
OER
Edited 7 y ago
Posted 7 y ago
Responses: 7
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I think I would recommend he talk to his senior rater before I took official steps. The senior rater can pressure for completion without having to go up the chain or involve outside entities. I will comment that as a young LT, my senior rater saved my butt when my commander slammed me on an OER for his command failures. Luckily, the senior rater's opinion about the commander was the same as mine.
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CPT Lawrence Cable
MSG (Join to see) - Generally it's the BN XO in my experience. If they are going to screw the officer, both the rater and senior rater banging on his OER would be a certain way to do it since one that really sucked would get you passed over even going to Captain.
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CPT Lawrence Cable
LTC (Join to see) - Are they dragging their feet or waiting for the IO to finish the 15-6 investigation to initiate a Relief for Cause OER? Losing a sensitive item is on the list of reasons for Loss of Confidence.
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LTC (Join to see) well first off I have had evaluations over 8 months. It is just how the system is and nobody is held accountable to follow the regulations. However, it looks like this is in fact what the commander is trying to do and hold someone accountable. If your friend messed up big enough that it needs to go on an evaluation then it should be on the evaluation. If the 15-6 determines he did not mess up, then he is cleared and his evaluation should be reflective of the other things that he did.
It is a sore spot for me coming from both sides. I can see from your friend's point of view as I have been there at least four times on evaluations over six months late. I can also see from the Commander's point of view that too often (way too often) everyone wants a top block, great, walk on water evaluation regardless of their performance. An honest evaluation is hard to find out of the made up, exaggerated evaluations. If we are true professionals we need to be honest and stop padding evaluations and giving top blocks only to those "who need it" because their board is coming up. If there was an issue in the time that the evaluation is covering it is appropriate to cover it in that evaluation as you cannot put it on the next evaluation due to it being outside the rating timeline.
For your friend they can request a lawyer through https://www.jagcnet.army.mil/ if they do not want to go through his Brigade (I recommend he goes outside his Brigade as they may not have trial defense).
It is a sore spot for me coming from both sides. I can see from your friend's point of view as I have been there at least four times on evaluations over six months late. I can also see from the Commander's point of view that too often (way too often) everyone wants a top block, great, walk on water evaluation regardless of their performance. An honest evaluation is hard to find out of the made up, exaggerated evaluations. If we are true professionals we need to be honest and stop padding evaluations and giving top blocks only to those "who need it" because their board is coming up. If there was an issue in the time that the evaluation is covering it is appropriate to cover it in that evaluation as you cannot put it on the next evaluation due to it being outside the rating timeline.
For your friend they can request a lawyer through https://www.jagcnet.army.mil/ if they do not want to go through his Brigade (I recommend he goes outside his Brigade as they may not have trial defense).
United States Army Sergeants Major Academy, Class 67, 2017 Bataan Memorial Death March at White Sands Missile Range, New Mexico. MSG Melissa Burke and MSG Stephanie Owens (SMC Classmates) Lead, Learn, Inspire!!
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LTC (Join to see)
From what my friend told me, there will be a General Officer letter of reprimand to the Commanding Officer and the NCO and it is possible that my friend may not get this kiss of death Memo. The 15-6 is at its 270 day mark and supposedly the findings are sitting on the Brigade Commander's desk. What I have not told you is that his Commander has tried to charachter assassinate him by saying he did not want to deploy (he is fighting this because he volunteered for 2 missions but not for another because of his wife trying to get fertility treatments to conceive). My friend did try to deploy and was going to but the higher HQ let his security clearance lapse. This guy knows 3 languages and has more than one branch speciality. I won't say what he does but any Combatant Command would want him. He is now removed from his position and in limbo. His Commander won't return his calls. He was flagged for a few days until the Brigade rescinded it. It is a gong show. He called the IG today because he has in hand from him CO a threatening counseling statement that infers blackmail if he does defend himself. Remember, the CO is going down over this radio and he is trying to take my friend with him.
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LTC (Join to see)
LTC (Join to see) - in reality the Company Commander may not end up being his rater depending on how this goes. As messed up as it is it may end up being Battalion XO and BC depending on how they handle it. I would recommend that website get a lawyer and try to get away from the Company Commander as being his rater, particularly if he is threatening. I hope that the BN XO knows him and can do his rating fairly.
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I would certainly escalate it up to BN or BDE with a formal complaint. This, to me, sound like a fine example of an IG complaint waiting to be filed.
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CPT Lawrence Cable
CW4 Guy Butler - Can you give me that reference, just for my information? What I find is this statement" b. AR 15-6 Investigation, used in lieu of FLIPL.
(1) Investigations for the loss, damage, or destruction of government property may be conducted IAW AR 15-6 as directed by the commander. When this occurs, the investigation will be processed in accordance with AR 15-6. A FLIPL will be prepared to adjust balances on the property records or to assess financial liability." That seems to indicate that AR15-6 rules take precedence.
Granted, it's been a long time since I was involved in any of this kind of stuff and I've never been on the wrong side of a 15-6 or a Relief for Cause OER. Have been on the wrong end of a Report of Survey.
(1) Investigations for the loss, damage, or destruction of government property may be conducted IAW AR 15-6 as directed by the commander. When this occurs, the investigation will be processed in accordance with AR 15-6. A FLIPL will be prepared to adjust balances on the property records or to assess financial liability." That seems to indicate that AR15-6 rules take precedence.
Granted, it's been a long time since I was involved in any of this kind of stuff and I've never been on the wrong side of a 15-6 or a Relief for Cause OER. Have been on the wrong end of a Report of Survey.
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CW4 Guy Butler
CPT Lawrence Cable - Sir,
The references are AR 735-5, table 12-2 and para 13-3.a.(6) for the AR 15-6 investigation requirement. The timelines are located in Figure 13-1, and the example DD Form 200 for a required 15-6 investigation is Figure 13-8. Block 3 is what starts the timeline.
The references are AR 735-5, table 12-2 and para 13-3.a.(6) for the AR 15-6 investigation requirement. The timelines are located in Figure 13-1, and the example DD Form 200 for a required 15-6 investigation is Figure 13-8. Block 3 is what starts the timeline.
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CSM Richard StCyr
CW4 Guy Butler - Thanks Chief, figured the USAR would have longer to complete the action. Good info.
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LTC (Join to see)
Thanks Chief! Thanks for also showing the regs to another officer. This is all too common, it seems, in the reserve component so this scenario fostered great input like yours!
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