What options does someone have if their OER is being withheld by their Battalion Commander?

CPT Private RallyPoint Member — Mon, 04 Jul 2022 21:11:45 -0400

I have a friend in a NG unit that is apparently having his OER deliberately withheld by his BN commander. Apparently this commander has an axe to grind. I know my friend is trying to go from NG to AD and they would be losing a hard to follow position, and it seems like they are trying to keep him, but this sort of thing can will mess his career up in the NG. Apparently he isn't the only one and there is no legitimate reason for this to happen. The bigger issue is apparently this Commander is a very well connect AGR that could make things really bad for him if he went to the IG. I will admit I'm only hearing one part of the story but if this is all true, what recourse does my friend have?( Friend isn't code for this being me) I can't DO anything for him, but being the victim of the good ole boys to a degree myself , I would like to see what options he has to help himself. Thanks

Response by SGT Private RallyPoint Member made Jul 5 at 2022 3:09 AM

SGT Private RallyPoint Member — Tue, 05 Jul 2022 03:09:22 -0400

Contact one of these three gentlemen... they are very knowledgeable in Military related questions/issues.

Response by SFC Private RallyPoint Member made Jul 5 at 2022 4:22 AM

SFC Private RallyPoint Member — Tue, 05 Jul 2022 04:22:18 -0400

If you're friend is concerned that the state IG won't help settle his case, he can contact the Army NG Bureau IG, the one that resides at the federal level.

Response by CSM Darieus ZaGara made Jul 5 at 2022 5:59 AM

CSM Darieus ZaGara — Tue, 05 Jul 2022 05:59:42 -0400

While the IG is always a route, has he requested an office call with the BDE Cdr, or even the TAG?

Response by SGM Private RallyPoint Member made Jul 5 at 2022 7:52 AM

SGM Private RallyPoint Member — Tue, 05 Jul 2022 07:52:36 -0400

You do only have part of the story, we would need the rest.
Is this OER more than 90 days late today?
Is your friend more than 90 days delinquent on multiple OERs/NCOERs as a rater/senior rater, and/or is your friend a CO of a company that is more than 20% delinquent on all of its OERs/NCOERs?
Is there any reason why your friend's OER might be referred?
These are the two most common reason BN/BDE CDRs sandbag an OER in the Guard, as they are really required to complete that OER in a timely manner while directly addressing on that OER the Officer's delinquency on evals that they rate/senior rate, and referred OER discussions end up at CoS and occasionally TAG level.

AGR and connections aside, "making things bad for him" if he goes to IG is called "retaliation", which would actually make things worse for everyone above him, especially if that retaliation report goes to ARNG or Army IG, legislative inquiry, and ends up in the news.

Also, if your friend is trying to leave the Guard for another compo, they will hold off on that release paperwork until 1 OCT, as the end strength of every state's Guard is most critical on 30 SEP.

Response by SGM Mikel Dawson made Jul 5 at 2022 12:12 PM

SGM Mikel Dawson — Tue, 05 Jul 2022 12:12:07 -0400

As SGM, I had my NCOER held by my CDR, wouldn't get it to me. So I finally emailed to him, with a CC to the next higher Command. Didn't take long to get it.

Response by CPT Lawrence Cable made Jul 5 at 2022 12:26 PM

CPT Lawrence Cable — Tue, 05 Jul 2022 12:26:47 -0400

OK, my first advice is that everyone has a boss and in the military, even the National Guard, that Boss should have an Open Door policy.
I got hit with a report of survey on a change of command for items lost by my full time Motor Sergeant. I had tried to relieve him when I first took command since he didn't even show up for the inventory. The second time I did relieve him, it should have cost him his technician job also and the State Full Time personnel weren't exactly thrilled about it. Well, the inventory was horrible and I ended up on the hook for about 10 grand. The survey officer was the property book officer that had covered for him during the first inventory, not to mention that the whole thing go tangled up in the politics of the Technicians verses AGR. The BNCO did not want to intervene and I really don't think he had the authority anyway. The Brigade Commander did have the authority. I had kept copies of my paperwork, so I had evidence that I had tried to relieve the motor sergeant and the simple fact that the survey officer had a vested interest, so he intervened and overrode the survey report.
Two things to take from this story. Never accept a hand receipt without seeing the goods. If I had that part to do over again, I would have either cut the locks and inventoried the section with out him, or offered to hand receipt it to the Property Officer since they were both full time, they could inventory it as they please. The other is to never assume that the Boss knows everything going on, especially if it involves his staff. I've been pretty lucky, I've bet my bars twice with the BN/Brigade Commanders and came out OK. I am not under the illusion that is always how it works. But even going to the IG, the first thing they will ask is have you tried to deal with it within the chain of command.