When initiating a Bar, should commanders have to support the reasons with documentation?

2014-04-14T16:44:42-04:00

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.

Response by MSG Private RallyPoint Member made Apr 14 at 2014 5:45 PM

2014-04-14T17:45:42-04:00

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

Response by 1SG Private RallyPoint Member made Apr 14 at 2014 5:56 PM

2014-04-14T17:56:44-04:00

I would venture to say there is more to the story than what you know. Just a guess though. A bar has to be documented and a commander can't just bar someone because they don't like a person (not more than the first IG call anyways), that said, I would exercise the COC quick fast and in a hurry. Don't just wait for something to happen, but be agressive all the way through the highest level CSM possible if all that is stated is true.

Response by LTC Yinon Weiss made Apr 14 at 2014 6:19 PM

2014-04-14T18:19:02-04:00

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?

Response by SGM Matthew Quick made Apr 14 at 2014 7:20 PM

2014-04-14T19:20:08-04:00

Only soldiers of high moral character, personal competence, and demonstrated adaptability to the requirements of the professional soldier’s moral code will be reenlisted in the Active Army. All soldiers should be evaluated under the “whole person” concept. (http://www.ArmyReenlistment.com/whole-soldier-concept.html)

There are two categories of a bar to reenlistment: mandatory and non-mandatory (paragraph 8-4 of AR 601-280)

Is a commander better equipped to assess a soldier under the total soldier concept than the direct supervisor (a PSG)?

A bar to reenlistment is a commander's tool. Soldiers may not be reenlisted without the recommendation of the unit commander. However, if a commander wishes to disapprove a request for reenlistment or extension, he or she must concurrently submit a Bar to Reenlistment.

Are you saying that only the commander, which does not have direct access to the NCO, arbitrarily placed a bar to reenlistment on this NCO? Seems kind of suspect.

Recommendation:
Get the whole story and see your servicing Career Counselor.

Bar to Reenlistment

10 Years Army Strong for Soldiers and Families

Response by SFC Private RallyPoint Member made Apr 14 at 2014 8:39 PM

2014-04-14T20:39:44-04:00

Without digging too deeply into this it is clear that the 1SG and the Commander are not working together and that is when a unit fails.

Now on the subject of the BAR vs NCOER, it is clear that the commander is inexperienced or they would know that a 2/2 is still Superior. Sure its mid grade Superior but all the same a good rating that would not support a bar.

Perhaps the young commander needs some OPD with the BC.

Response by SFC Private RallyPoint Member made Apr 14 at 2014 9:06 PM

2014-04-14T21:06:43-04:00

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.

Response by CPT Ryan B. made Apr 15 at 2014 9:21 AM

2014-04-15T09:21:34-04:00

I see a lot of responses about the "Commander's Assessment", and what the commander thinks...etc... Where is the 1SG in all of this? I can't remember the last time I ever made a decision concerning one of my soldiers without at least CONSULTING my senior enlisted advisor. Has the commander gone off and started filing paperwork to bar an NCO without talking to the 1SG? If so, I would say that this particular company has worse things to worry about. Because by the sounds of it, this bar would never "pass muster"...

Response by SFC Michael Hasbun made Apr 15 at 2014 9:24 AM

2014-04-15T09:24:49-04:00

"...should commanders have to support the reasons with documentation?"

I should certainly hope so. Other wise they can arbitrarily give anyone the boot, proof or reasoning be damned.

Response by SGT Private RallyPoint Member made Apr 17 at 2014 7:52 AM

2014-04-17T07:52:12-04:00

I think there need to always be documentation for anything negative. It only allows you to explain your reasoning for the bar better.