4/4 for "illegal NCOER"

Sept 27,2012 I took a "for record" APFT that went on my annual NCOER which was due on Oct 7th. I was in the middle of level 1 combatives and was told by my platoon sergeant I needed to take a APFT at battalion for my SLC date in December. I protested and asked the schools NCO if I could take the APFT the next week when I wasn't so sore from combatives and I had just received the flu nasal mist and felt like crap. My buddy told the schools NCO he had just had his meds changed and was told by the docs that he needed to wait 72 hours. We were told if we didn't take it then we would lose our slots. We both did fine up until the run. About the 6th lap on the track I saw my buddy sitting on the track with stuff leaking out of his nose and mouth and jogged in place beside him asking if he was ok until someone came to tend to him and told me to keep running. When I came around the last lap he was laid out doing the kickin' chicken. I jogged in place asking if someone had called an ambulance and they said they did and to finish my run. I came across the finish line at 17:06 and needed a 17:00. I asked the schools NCO if I got the 6 seconds shaved off for slowing down to help my buddy or if I got to take the APFT again. The acting BN CSM said that because that was my most recent APFT that it was supposed to be on my NCOER and it would change from an "Excellent" to a "Needs Improvement" and make it a 4/4. They flagged me and I took another APFT when we got back from our 4 day, but I was told that test didn't count because it was on the 9th two days after my rated period was over. They gave me a 4/4 and a "NO" for integrity and honor because they said me asking the schools NCO if I got the time shaved off then that was me asking him to compromise his integrity to falsify my DA 705. Admin data was correct so I signed it.
When my CSM came back I told him this was an illegal NCOER and according to the reg it says that an illegal NCOER requires a commanders inquiry. He said the reg says that unit commanders may administer the APFT as often as they wish and that mission requirements often prevent the even spacing of record APFT's. Therefore, the four month separation between for record APFT's didn't nee to be followed because the BN and BDE policy of taking a for record APFT 30 days out from a class date counted as a mission requirement. I also showed him an ALARACT message clarifying the APFT stating that any APFT given for schools or institutional purposes would only count as a practice APFT and no flagging action would occur.
I spoke with Ft. Benning IG and they said I needed to do the redress program, but that is for an offense commited in the past 120 days.
I am at a loss right now because I need these same individuals to write me letters of recommendation so I can reenlist as a 4/4 or NO's are automatic bars to reenlist. They said they wanted to wait longer to see if me reenlisting was in the best interest of the army, even though I received a 1/2 change of rater in may. I am trying to decide whether it would be better to fight this NCOER more or just shut up and hope and pray I can be a good boy and reup which I think they are just blowing smoke up my butt about. I think they have found a way to force me out of the Army since I have had 13 years with no UCMJ, there;s no counselings, nothing. I have until January to reup. I spoke with my congress woman and she seemed very interested in my situation, but I have yet to file a congressional because I'm afraid it will preclude them from giving me letters of recommendation to reup out of resentment and it would take a lot less time to get those waivers than to get that NCOER removed.
Original Post
Initially, this was a tl;dr but I have one question? Why didn't you appeal?


But honestly, you showing concern for this NCOER almost a year later has the onus falling on you.

Also, I saw a track APFT the other day. You know who was the ones that were pushing the Soldiers to run and hollering from the middle of the track and to check everyone was ok? The graders.

You using that as a reason for failing an APFT probably wont hold water.
I've never had to appeal an NCOER before and even when I asked my 1SG and CSM they couldn't tell me to help me. For awhile there I thought I got what I got, and then after talking with more NCO's wiser than me they told me it was illegal, and I had SLC in between. I shouldn't have to appeal it since its illegal.
I read the reg a little better too and if you want to get real technical the commander is supposed to announce prior to the test that it's going to be for record and give a safety brief as well as a risk assessment in addition to the fact that it says Soldiers should not take the APFT if they are fatigued or ill. The S3 was the people administering the test and they all sat at the finish point on the track BS'ing so they weren't even paying attention when my buddy fell out. An IG guy I spoke with brought up a point as well, my buddy who went to the hospital failed that APFT too because he did not complete the run, but he wasn't flagged or got his NCOER shotgun blasted and didn't lose his SLC slot. I'm not using it as an excuse per say, I was gonna have a crappy 2 mile time anyways but checking on my bro was more important to me. I still have a copy of the SIR if that will help an appeal. Should I still pursue a commanders inquiry or just a regular appeal and how long will it take?

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