I have a soldier who wants to appeal his NCOER from his previous rater. The soldier never recieved a relief for cause NCOER and also never recieved quarterly counselings. The soldiers rater put was relieved as a team chief on change of rater NCOER. Is this legal??

quote:

Originally posted by SSG Airborne!!:
I have a soldier who wants to appeal his NCOER from his previous rater. The soldier never recieved a relief for cause NCOER and also never recieved quarterly counselings. The soldiers rater put was relieved as a team chief on change of rater NCOER. Is this legal??

You'll have to do some research on the "legality" of it. I interpreted your post as asking these three questions:
1) Can an NCO receive an NCOER without quarterly counselings?
2) Can an NCO be relieved of a duty/position without a relief-for-cause NCOER?
3) Can the NCO appeal his/her NCOER?

My opinion of the three is as follows:
1) Did the NCO initial the NCOER support form for initial/quarterly counselings? If he did, then he did receive his quarterly counselings. I'm sure there are a few people who've initialed those blocks just because it wasn't done before the NCOER was due. That is of course NOT the right answer, but it happens. After looking through AR 623-3 I didn't see anything that said the quarterly counselings are mandatory for an NCOER (for an OER, yes), but I recommend you do your own research on this one.
2) It all depends on whether it was a rateable assignment or not. I'm thinking that it was an additional duty and not an actual assignment. AR 623-3 3-59 covers relief-for-cause NCOER's and says the following: 3–59. Relief-for-Cause (DA Form 2166–8) An NCOER report is required when an NCO is relieved for cause regardless of the rating period involved. Relief-for-Cause is defined as the removal of an NCO from a rateable assignment based on a decision by a member of the NCO’s chain of command or supervisory chain. A Relief-for-Cause occurs when the NCO’s personal or professional characteristics, conduct, behavior, or performance of duty warrants removal in the best interest of the U.S. Army (see AR 600–20, para 2–17). Additional considerations for these reports are described below.
3) Yes, they can appeal an NCOER.

Have an Air Assault day!

His rater was not relieved if he received a Change of Rater NCOER. I would be willing to bet that there were counseling dates listed on the NCOER your friend signed, and that is part of the administrative date. Unfortunately we do not turn in our -1 like the officers do. If he really wants to appeal his NCOER, there is an appeal process. Tell him to read the regulation, as it is time sensative.

I have a question for Top Dog. My counselings were not conducted, and my annual is due. Do I have to agree to anything that the sr rater puts on there? I work for the CO. I know that my annual will be a bunch of made of ***. I don't think he realizes as the sr rater, its his job to get it signed.

quote:

Originally posted by SSG Airborne!!:
I have a soldier who wants to appeal his NCOER from his previous rater.

What is the basis for an appeal?

quote:

Originally posted by olschoolz:
I have a question for Top Dog. My counselings were not conducted, and my annual is due. Do I have to agree to anything that the sr rater puts on there? I work for the CO. I know that my annual will be a bunch of made of ***. I don't think he realizes as the sr rater, its his job to get it signed.

olschoolz, your signature has nothing to do with you agreeing to what is on their. Your signature simply verifies all of the administrative data. While it is the Sr Raters responsibility to get it signed, it is also the Sr. Raters responsibility to verify the counseling is being conducted by the Rater. If your NCOER is fine, I would not complain.

What is your MOS, as well as your current & MTOE duty position?

The basis for this soldiers appeal is eronious information on the NCOER. Forged counseling dates with no supporting documnetation. I read the NCOER and his rater senior rater and reviewer are all senior officers 05 and above 2 of them were depoloyed for 6 months. Non of them actually worked in the same office as him nor seen his work habbits. So iam just wondering if this was written on a personal issue

It does not matter where the Senior Rater and Review were at. Most senior personnel will not always be with their reviewer all the time.

While working as our Ops SGM, I did not have an officer assigned as the S-3, so my LTC was my rater. Leaving my BDE CDR as my Sr. Rater and my Div CDR as the reviewer. Needless to say, I did not work in the same office as they did.

I am a 92y reclass. I had a chance to review the draft of my annual and all but one block has needs improvement. So wouldn't that make the rest of the bullets "much or some block" all the down the report?

quote:

Originally posted by Top_Dog:

quote:

Originally posted by olschoolz:
I have a question for Top Dog. My counselings were not conducted, and my annual is due. Do I have to agree to anything that the sr rater puts on there? I work for the CO. I know that my annual will be a bunch of made of ***. I don't think he realizes as the sr rater, its his job to get it signed.

olschoolz, your signature has nothing to do with you agreeing to what is on their. Your signature simply verifies all of the administrative data. While it is the Sr Raters responsibility to get it signed, it is also the Sr. Raters responsibility to verify the counseling is being conducted by the Rater. If your NCOER is fine, I would not complain.

What is your MOS, as well as your current & MTOE duty position?