Investigation of a Rater

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.
Original Post
So you initiated an investigation against your senior rater and want kudos/1-1s from your senior rater? lol Put yourself in his shoes or think what anyone would do after that?

Sorry, but this forum always provides some interesting experiences.

If what you are saying is true; don't you think you have grounds for an appeal?

BTW, the threes won't kill your career; especially if you are an E-5.
This is more of a curiosity then help.

What was your position in your company? It has been a few years since I transitioned, but rarely did I ever see a 1SG in a rating chain in an Infantry company. The only position that could be considered under direct supervision of the 1SG is the OPS/Training RM clerk. Most times if it is an NCO the rater would be the HQ PSG, but the SR then should be the XO.

Also, for your 1SG to screw you in the way you claim it would also take your Rater rolling over on you to.

The appeals process was put in place to address issues. Use it.

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