I had an investigation initiated against my 1SG for assault. The 1SG was never flagged or relieved of his position. I then changed companies. The investigation continues. I had a change of rater done on me. The 1SG is the Senior Rater on the NCOER. Is he legally allowed to be a part of my NCOER, since I have initiated an assault investigation on him? The NCOER has been done in a way that is retaliation. I have looked thru AR 623-3, and can't find a specific reg to keep the 1SG out of my NCOER. Does anyone know of a Regulation I can use? Thank you.