Posted on Apr 14, 2014
When initiating a Bar, should commanders have to support the reasons with documentation?
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An NCO whom I have known for about 18 months approached me requesting help about a bar to reenlist. He showed me the memorandum that outlined the reasoning from his commander, which painted an unflattering picture if the NCO. So that I could be better prepared to explain to the NCO how the process works, I proceeded to ask questions about the statements made in the memo. I then asked to see his most recent Ncoer and his counselings. He stated that he had not been counseled on any of the reasons in the memo. The time frame between the NCOER and the memo is approx 60 days. The NCOER is a 2/2 with recommendations to progress and had bullets that completely conflicted, almost verbatim, with the memo that accompanied the bar explaining the reasoning. The commander was the reviewer for the Ncoer. The memo stated that the reasons for bar included the "total soldier" concept. His NCOs also state that their assessment of this NCO conflicts with the commanders. Is a commander better equipped to assess a soldier under the total soldier concept than the direct supervisor (a PSG)? The PSG feels that this NCO is not only doing well, but is ready for the promotion board to e6. There is a disparity between the two opinions. Who's should be worth more? In my opinion, the PSG. He works with this NCO daily and is the rater. The commander is removed from the working environment and has limited interaction with the NCO in question.
The counselings, NCOER, and written recommendation for the promotion board completely conflict with this BAR, confusing me as how this could have passed. I thought that a bar to reenlist for reasons of subpar performance had to be accompanied by documentation.
Any advice from Rally Point? I'd like some input about how to advise the soldier (I've already recommended he speak with his career counselor, and he is already going to speak with IG). Id like some NCOPD on this topic if the crowd can help.
The counselings, NCOER, and written recommendation for the promotion board completely conflict with this BAR, confusing me as how this could have passed. I thought that a bar to reenlist for reasons of subpar performance had to be accompanied by documentation.
Any advice from Rally Point? I'd like some input about how to advise the soldier (I've already recommended he speak with his career counselor, and he is already going to speak with IG). Id like some NCOPD on this topic if the crowd can help.
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Edited >1 y ago
Posted >1 y ago
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All the info is right there in AR 601-280 chp 8.
Documentation is a requirement. A bar is more than just a memo, it's a DA Form 4126-R. It has to be signed by the Commander, then the Soldier, then the approval authority, then the Commander and Soldier again. The Soldier is allowed to submit a statement on their behalf on the bar certificate prior to being approved. After the bar is approved, the Soldier has a second chance to make his case by submitting a written appeal within 7 days. The appeal goes to a higher command. If there is no documentation, that Brigade Commander will shoot the bar right out of the water.
Also, I don't think anyone else has asked this question, but are you certain that the Commander is recommending a Bar to Reenlistment? There seems to be a lot of confusion among people as to what exactly a bar is. The Commander could be recommending a denial of request for reenlistment, which is completely separate. Usually, a memo is used in that circumstance.
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In this case, there were both. A denial for reenlistment, as well as a Bar.
I am passing this off to a Career Counselor locally. I am also going to ask the SM about his written appeal, and see what came of it, if anything.
Thank you for the response and clarification!
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SFC (Join to see)
Technically, the Commander can't do both, because part of the requirement to deny reenlistment is that the Soldier must be fully eligible to reenlist. Barring a Soldier makes them ineligible to reenlist, thus not qualified to deny. Of course, the denial has to be approved by the Brigade Commander, as well.
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This is a great question, and a great topic for discussion. I can see several scenarios which may have brought him to this point:
1) The Soldier was known to be an under performer by the command, but the Platoon Sergeant and Platoon Pleader didn't want to "hurt" his career with a bad NCOER statement. In this case, the chain of command may have failed that Soldier, because they should have counseled him and showed him how to improve before dropping the hammer.
2) The Commander and the Platoon Sergeant and/or Platoon Leader have vastly different points of view on the Soldier. I find this situation unlikely, since the Commander usually gets his information from the rater and senior rater, since as you said, it's unlikely he has sufficient direct observation of the Soldier in question.
3) The Rater and Senior Rater simply were asleep at the wheel, and gave somebody a 2/2 based on some template. (Does not appear likely, but it's happened).
4) The commander has some personal grudge against this Soldier. (This is the least likely).
Of all the above, I think #1 would be the most likely. People think they are doing others a favor by not counseling them or giving them honest NCOERs, and then eventually the rug can get swept underneath them, and everybody in the process suffers. If this were the case, the Commander as the Reviewer should have dissented in the NCOER, or discussed rating decision further with the Senior Reviewer.
Either way, it doesn't seem like the chain of command has done much to set this Soldier up for success, based on what you have provided, though there are certainly more than one side to every story.
Bottom line advice: The Soldier seems to have a good case, assuming his previous NCOERs are also positive. A 2/2 is a good NCOER, and if he has a clean record, it's hard to see this getting through. If he doesn't have a clean record, perhaps there is more to the story?
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Yes sir, there is always more to the story. What I find odd is that there is a lack of documentation on both sides. Also, the rater has already submitted documentation that is contrary to the commanders assessment. There are some other facts that are coming to light that do not support the commanders position. Also, the NCO has no prior articles and no pattern of misconduct, one counseling statement that was minor in offense (dealing with mre's being left unsecured), and is currently passing his pt test and is within ht/wt standards iaw 600-9. I do believe that it is most likely that the chain of command failed the soldier and did not document anything (to build a case or for professional development). If there is another side, I'd love to know it. Apparently, the command has been clear about their reasoning, as the memo is very clear, but the paperwork doesn't line up. There is not sufficient documentation to support the bar for reasons of subpar performance or any other reason.
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I'd be calling JAG before IG, get the legal answer straight from the horses mouth. That said I've only once assisted in a BAR and there was an extremely long paper trail to go with it. I would think that the commander would need to have counseling to back up the decision to BAR a Soldier...and that they would need the "Magic" Bullet on them. But as I said in the beginning call JAG and ask them the process...you can also dig into AR 601-280
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CPT (Join to see)
Excellent advice. I have looked Into the AR, and plan on doing some more digging and engaging some other career counselors to get their advice.
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