Appealing a Substantive NCOER

This is going to be long, but it would be better if I first explained the background information to receive better answers on this situation.

I was AGR in the National Guard and decided to not extend my enlistment due to wanting to get out and work on college. I was very young when I started, and I regretted not going to college full-time. At the time, I was in a position where I worked for a company that was deployed, and worked with one Soldier in the Rear Det that ended up becoming my rater. He became my rater on 5 April 2011, and I know this because of an e-mail I have from the BN XO explaining our duties, plus a verbal conversation. No rating scheme was ever updated, or posted, and not even an initial counseling statement was done. Most of the info on our duties was just duties written in an e-mail which I still have. Because I didn't want to extend my AGR enlistment, the state TAG decided that he was going to let people go that summer, and not complete out their orders. The BN XO and the S1 counseled to me that it might be best in my situation to resign, since I wouldn't really know when my date would be. It made sense to me because I couldn't get another job unless I had an end date, and it didn't mean I could never come back to the AGR program later on. The NCO I worked for was not pleased, since he didn't understand the process or what this meant. He just assumed I was "thinking of myself" and leaving him alone to do everything. He didn't understand that it was going to happen anyways, with or without me requesting my own terminal leave date. Sadly, this sentiment was carried with the rest of my unit COC down to the Rear Det CMDR.

I went on terminal leave from the AGR program on 20 June 2011, which ended on 21 July 2011. I then had 1 year left on my NG commitment. The unit was already aware, as well as my rater, that I was planning on either transferring to a new unit, or requesting the ING. Since the one unit I looked into didn't have my MOS slot available and was getting ready to deploy, I decided to request the ING since my new job required more of my time that I could reasonably commit to with the NG, and I was starting college classes in a few weeks. I spoke with my NCO, and sent him the request through the mail. And since I had already did a supply show down, he already had all the equipment to turn in since it was in my locker at the armory. He would just need another Senior NCO be there and sign off on it if I couldn't make it in.

Fast forward almost two years later, and I'm thinking about going back into an active status in either the Reserves or National Guard. Now that I'm in the IRR, I called HRC to see what I could find out about my NGB-22 form, as well as to find out who my Reserve Career Counselor was at this point. I was shocked to find out that my NGB-22 form had a ER3,CW code on it, which I knew what that meant having served in an admin postition. I've only heard from one Career Counselor since I've been out, and that was a year ago and everything seemed fine since I was asked to come back, and the IRR time frame still coincided. I know the process of AWOLing soldiers out in the NG, so now I'm just very hurt, and confused how this could have happened. You have to provide proof of mailing address and AWOL letters sent, phone calls, etc. I'm just really shocked and I was in tears when I was talking to the Reserve Career Counselor, who said that this happens a lot with the NG. What made it even more shocking was hearing it from more than one Career Counselor. And because I was a SGT, my "AWOL" was the basis for me to be reduced down to a SPC. So now, I'm really not sure if I should go back. What a nightmare.

Now that I am available to read my records online (which I wasn't aware of until recently) I am looking at a NCOER that I believe I can submit an admin and substantive appeal on, but I'm not sure what proof I should provide for certain things. It's really ridiculous, and I'm not even sure how something like that would get signed off on, except that my immediate COC was not happy with me leaving my full-time position, and made it very evident in my NCOER by even stating such things as me having personal hygiene problems! If you look at any other NCOER before this, it was nothing like this at all!

Here's what I need help with:

1) the rater was not my rater for 90 rated days, and the duties in the NCOER do not match what my actual duties were. I didn't know who my senior rater was. Just for reference.. I was an admin, and he was a cook. He actually did not understand what I did, and I'd constantly have to show him and explain to him the process of several of my duties, and why things took time. It even said that I was the "Government Fuel Card Holder" and weird things like that.

-> Is the e-mail proof enough since I was never given a written counseling statement of when he was my rater, and what my duties were?

2) the thru date shows he was my rater for a year, which is not true. I should have actually had two change or raters in this time, one from my first rater, and one from the second going on deployment, and it never happened. Sadly, I have no proof of this as I was never given a rating scheme, and one was never updated, BUT, I do have proof of my transfer orders showing an effective date of 5 Jan 11, which does not match my rating period of a year in the unit, which also puts a lot of the admin stuff into question.

3) For the substantive portion, the NCOER states that the Soldiers in my section were often confused and did not know what to do. I since have contacted two Soldiers who were in my section to provide written statements, as I only had two.

And since it stated I did not request training, or even would pay Soldiers, I contacted the civilian RSP coordinator who actually trained me, as well as did pay with me over the phone as we did every month. My unit never trained me, and left me to learn on my own during deployment. I am trying to think of whom else could provide a third party document. Would someone from the BDE who knew of my capabilities at that time be sufficient enough?

It also makes some very bad statements such as, "performs poorly under pressure, requires constant supervision, and refuses to take responsibility for her own actions." I have no idea where this is coming from! It does give counseling dates in the "initial" portion, but don't you have to actually have been counseled verbally or in writing to even claim such things? I have no counseling statements at all from my time serving in this unit, or even verbal counselings.

So, I need some real hard advice.

I also want to note that I have a date set with the recruiter, since I told him what had happened since I'm just finding this stuff out now since I want to go back in. And now, this is making me wonder if I want to go back in at all. My old OPS Officer (who is a prior NCO) told me to at least make an admin/substantive appeal, even if I don't because that will be in my record now and unfairly paints an inaccurate picture of me. I spoke to my friend who works at state and she said my codes would get me in, but I might have a problem with making an IG complaint now since I wasn't even aware of all of this, and time has passed. However, the recruiter will be getting my ING packet since I was at least smart enough to keep a copy of it, as well as everything I've ever done in the Army. So, I'm not sure what will happen in regards to that.
Original Post
First, I suggest you read the AR and PAM for evaluations at and I do not recall the time frame you have for an appeal, but its been two years since this rating so that may cause issues. You should of been on top of this since day one; not because you are now trying to re-enter M-day status.

Did you sign that NCOER? If you did to confirm that data, then that is an issue. Also, I have had seniors raters from other MOSes rate me and during the drafts of my OER, they will get feedback from me. It appears that did not happen but again, nothing wrong with someone from another MOS rating you. A DA Civilian can rate you.

Honestly, the NCOER is not a reason that gives you a re-code; it could be due to a chapter, transfer or whatever based on the regulations. Since you are an E-4 as well, the NCOER is moot and should be in your restrictive file.

Also, you talk about change of raters that SHOULD of happened. If that was the case, you should of been on top of that since the beginning. I had to get on one of my NCOs who then decided to tell us months later that his completed NCOER was not uploaded and submitted by HRC. It is the Soldier's responsibility to track their evaluations period. It is your career.

What is in your senior rating blocks? Fully capable or marginal? Marginal will be based on any needs improvement bullets. What were your numbered blocks? 3/3?

Also, go to where there are people who work in JAG that can answer your query.

Also, from my experience, when I switched to Guard to Active, the knowledge of writing NCOERs are vast. My last Guard NCOER before I switched to active Army in 2003 was good but not great in the way it was written. Very poor written bullets and QA/QC. It did not effect me overall because I had a new file on AD and made E-6 (I went from Guard Fully Capable to AD Among the best in my next four NCOERs) before I became a Warrant Officer so again, I would not sweat it and get the waiver for your RE-Code and take this as a learning experience. Since 2003, I have written many NCOERs as a rater and senior rater and have learned a lot of the process.

Good luck.
Thanks for the reply.

I have another year to appeal based on what I have read. I did not sign the NCOER because I was not aware it had existed until the last week. Additionally, I just found a counseling statement with my duties and responsibilities so this may help me greatly.

I am aware about the NCOER not giving me the re-code, but the unit had AWOL'd me without my knowing. I have the ING packet they have, along with the clothing clearance, so I am going to make an issue now. I am glad that I saved that! Thanks for the NG link.

I'm actually trying to open this counseling statement I found. I guess I had sent myself the e-mail and just forgot I had saved it. It's in a xfdl format.

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