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posted
In DEC 2011 I was arrested for simple battery. In FEB I appeared in court and all charges were dropped, but weren't done so until march. My through date on my NCOER is FEB 1. Now my Senior rater who is writing my complete NCOER because my rater is deployed is adding this on there and giving me a career ending NCOER. I have read and if I am understanding correctly since the charges were dropped he cannot put this on my NCOER. I also have never received quarterly counselings or a change of rater NCOER. I need help please. Also in MAY I enrolled myself into ASAP and completed the program and have not been in trouble since.
 
Posts: 8 | Location: 7th SFG | Registered: 02 January 2013Reply With QuoteReport This Post

Picture of TransAm95NCO
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So who is your rater now? have you talked to your 1SG? CSM?


Lead by Example!!!
 
Posts: 3914 | Location: Somewhere in the US | Registered: 13 September 2007Reply With QuoteReport This Post

Picture of TheWiseChief
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What rank are you that you consider this a career-ender?
 
Posts: 1902 | Registered: 04 February 2012Reply With QuoteReport This Post

Picture of AutobahnSHO
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READ!

http://www.apd.army.mil/pdffiles/r623_3.pdf

http://www.apd.army.mil/pdffiles/p623_3.pdf

Make sure you understand the NCOER and what can and cannot go into it. Understand your role. You can THINK you know the roles of your Rater, Senior Rater, and Reviewer,

---but I agree with TransAm, talk it over with higher if you think it's not right.

You should get a notice that it has been posted to your file. Check it immediately to make sure it's what you've seen. IF for some reason they submit one without your signature, the appeals process is outlined in the documents above.

Good luck with it- hope you've learned your lesson and won't do DUMB STUFF again.


Be Proud of what you do- and do it Well! ~me
 
Posts: 5284 | Location: Ft Gordon (Again!!!) :-| | Registered: 22 October 2007Reply With QuoteReport This Post

Picture of erikwithak86
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Bro,

AR 623-3 Paragraph 3-19 c.

c. This restriction is intended to prevent unverified derogatory information from being included in evaluation reports. It will also prevent unjustly prejudicial information from being permanently included in a Soldier’s OMPF, such as—
(1) Charges that are later dropped.
(2) Charges or incidents of which the rated Soldier may later be absolved.

Bold added by me. Bottom line, if the charges were dropped, they can make NO MENTION of it on your NCOER. This needs to go up your NCO Support Channel immediately.
 
Posts: 707 | Registered: 18 June 2009Reply With QuoteReport This Post

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Thanks everyone for the replies. I'm going to talk with the CSM. I'll keep you updated.
 
Posts: 8 | Location: 7th SFG | Registered: 02 January 2013Reply With QuoteReport This Post

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Talk to your chain. If charges were dropped it isn't punishable. I mean i got caught up in some BS a few years ago because someone mentioned my name and they were trying to hammer me for it. Then the whole case got thrown out because the person admitted to mass naming people.

It's a thin line between self defense and battary when you are involved depends on the system and the DA.
 
Posts: 625 | Registered: 19 July 2007Reply With QuoteReport This Post

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quote:
Originally posted by TheWiseChief:
What rank are you that you consider this a career-ender?


I have been in the Military for 10+ years so this would be a career ender. But to answer your question, I am a SGT E-5.
 
Posts: 8 | Location: 7th SFG | Registered: 02 January 2013Reply With QuoteReport This Post

Picture of SFC RossiJ
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What your rating chain is doing is against the regulations that others have provided. You need to speak with your CSM yesterday. If for some reason this is pushed through then you need to appeal the NCOER.
 
Posts: 275 | Location: Djibouti | Registered: 17 May 2010Reply With QuoteReport This Post

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ok thank you everyone. I asked to speak to my CSM on the open door policy. I will let you know how it turns out. Thanks everyone for taking the time to respond.
 
Posts: 8 | Location: 7th SFG | Registered: 02 January 2013Reply With QuoteReport This Post

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Brought it up to my 1SG. I brought him the regulation that you guys provided and he is still trying to find a loop hole with usasoc jag to put it on there. FML Anybody got transportation connections that can get me outta here?
 
Posts: 8 | Location: 7th SFG | Registered: 02 January 2013Reply With QuoteReport This Post

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Also the reason I couldn't speak to my CSM is because he is deployed right now.
 
Posts: 8 | Location: 7th SFG | Registered: 02 January 2013Reply With QuoteReport This Post

Picture of MattU
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As the NCOER NCO in my unit, I see every NCOER that comes to BN S-1. Thus, I am responsible for making sure that NCOERs are filled out properly, have no spelling errors, and do not contain anything that should not be in there.

So if you have someone like that at your BN S-1, you can get with that person to see what can be done. That person will HAVE TO abide by 623-3. Regs are regs, and anyone trying to go against them is asking for an IG complaint.

If all else fails, as others have said, you can always appeal your NCOER.

Good Luck!

Matt


CH-47D/F Mechanic
Technical Inspector

AR 670-1/Regulation Mafia
 
Posts: 394 | Location: Camp Humphreys, ROK | Registered: 25 June 2010Reply With QuoteReport This Post

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few more questions.... Is it against the regs for my senior rater to write my entire NCOER while my actual rater is deployed? I never recieved a change of rater or quarterly counselings. I'm looking through the regs and can't find anything about it. Just doesn't seem right. I provided the reg that states since my charges were dropped it couldn't go on my NCOER but they are trying to find a loop hole.
 
Posts: 8 | Location: 7th SFG | Registered: 02 January 2013Reply With QuoteReport This Post

Picture of Snack'ums
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Bottom line is they cant put it on there if the charges were dropped!! There are no loop holes to the Regs its black and white!! If I were you I would be going to IG or whoever else I can to tell them about that.

With the way the ARMY is cutting spending and troops anything these days can potentially be a career ender
 
Posts: 120 | Location: Augusta,Ga | Registered: 28 July 2011Reply With QuoteReport This Post
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