Serious NCOER questions (HELP)

In DEC 2011 I was arrested for simple battery. In FEB I appeared in court and all charges were dropped, but weren't done so until march. My through date on my NCOER is FEB 1. Now my Senior rater who is writing my complete NCOER because my rater is deployed is adding this on there and giving me a career ending NCOER. I have read and if I am understanding correctly since the charges were dropped he cannot put this on my NCOER. I also have never received quarterly counselings or a change of rater NCOER. I need help please. Also in MAY I enrolled myself into ASAP and completed the program and have not been in trouble since.
Original Post
READ!

http://www.apd.army.mil/pdffiles/r623_3.pdf

http://www.apd.army.mil/pdffiles/p623_3.pdf

Make sure you understand the NCOER and what can and cannot go into it. Understand your role. You can THINK you know the roles of your Rater, Senior Rater, and Reviewer,

---but I agree with TransAm, talk it over with higher if you think it's not right.

You should get a notice that it has been posted to your file. Check it immediately to make sure it's what you've seen. IF for some reason they submit one without your signature, the appeals process is outlined in the documents above.

Good luck with it- hope you've learned your lesson and won't do DUMB STUFF again.
Bro,

AR 623-3 Paragraph 3-19 c.

c. This restriction is intended to prevent unverified derogatory information from being included in evaluation reports. It will also prevent unjustly prejudicial information from being permanently included in a Soldier’s OMPF, such as—
(1) Charges that are later dropped.
(2) Charges or incidents of which the rated Soldier may later be absolved.

Bold added by me. Bottom line, if the charges were dropped, they can make NO MENTION of it on your NCOER. This needs to go up your NCO Support Channel immediately.
Talk to your chain. If charges were dropped it isn't punishable. I mean i got caught up in some BS a few years ago because someone mentioned my name and they were trying to hammer me for it. Then the whole case got thrown out because the person admitted to mass naming people.

It's a thin line between self defense and battary when you are involved depends on the system and the DA.
As the NCOER NCO in my unit, I see every NCOER that comes to BN S-1. Thus, I am responsible for making sure that NCOERs are filled out properly, have no spelling errors, and do not contain anything that should not be in there.

So if you have someone like that at your BN S-1, you can get with that person to see what can be done. That person will HAVE TO abide by 623-3. Regs are regs, and anyone trying to go against them is asking for an IG complaint.

If all else fails, as others have said, you can always appeal your NCOER.

Good Luck!

Matt
few more questions.... Is it against the regs for my senior rater to write my entire NCOER while my actual rater is deployed? I never recieved a change of rater or quarterly counselings. I'm looking through the regs and can't find anything about it. Just doesn't seem right. I provided the reg that states since my charges were dropped it couldn't go on my NCOER but they are trying to find a loop hole.
Bottom line is they cant put it on there if the charges were dropped!! There are no loop holes to the Regs its black and white!! If I were you I would be going to IG or whoever else I can to tell them about that.

With the way the ARMY is cutting spending and troops anything these days can potentially be a career ender
quote:
Originally posted by hangungen2012:
few more questions.... Is it against the regs for my senior rater to write my entire NCOER while my actual rater is deployed? I never recieved a change of rater or quarterly counselings. I'm looking through the regs and can't find anything about it. Just doesn't seem right. I provided the reg that states since my charges were dropped it couldn't go on my NCOER but they are trying to find a loop hole.


The only way a Senior Rater can be your Rater also is for the Rater to be incapacitated, MIA, dead, or officially relieved. That is, unless your Senior Rater is a Flag Officer (General/Admiral) or a Senior Executive Service (SES) Federal civilian employee.

AR 623-3
quote:
Section V
Special Evaluation Reporting Requirements
2–20. Loss of a rating official or rated Soldier
Special rules apply when a rating official is eliminated from the rating chain or is unable to render an evaluation of the rated Soldier. These situations occur when a rating official dies, is declared missing, is relieved of his or her position or duties for cause, or becomes mentally or physically incapacitated to such an extent that he or she is unable to render an objective or accurate evaluation. When a rating official is officially relieved or determined to be incapacitated, he or she will not be permitted to evaluate his or her subordinates. This restriction will apply to evaluation reports with “THRU” dates prior to the relief or incapacitation of the rating official that have not yet completed processing to the rated Soldier’s OMPF. The rules listed below apply:
...
b. Requirements for noncommissioned officer evaluation reports.
(1) When the rater is eliminated from the rating chain for any of the reasons cited above, it will be determined whether the minimum rating period for an evaluation report has been met (para 2–10a(1)).
...
(a) If the minimum rating period has not been met, the period is nonrated and a new rater will be designated.

(b) If the minimum rating period has been met, the senior rater will perform the rater’s functions, provided rater qualifications are met. The senior rater will serve as both the rater and senior rater. See paragraph 2–21 and DA Pam 623–3 for evaluation report procedures when the senior rater also serves as the rater.

(2) The removal of the senior rater or reviewer from the rating chain will be treated as a routine change. A new rating official will be designated and he or she may participate in the evaluation process after completing the minimum
time requirements in position.

(3) When a rating official is removed from his or her duty position for cause, or suspended, he or she will not render or receive evaluation reports, until his or her status (and, thus, his or her ability to serve as a rating official) is decided.

(a) When a rater or senior rater is suspended, the suspended time will be counted as nonrated time on the rated NCO’s evaluation report.

(b) If relieved, the provisions of this paragraph will apply.

(c) If not relieved, the provisions of this paragraph do not apply, and evaluation reports held pending a status determination must be completed.

(4) When the senior rater performs the functions of the rater, the rating period of the report will be the period the senior rater has been in the rating chain.


So there you have it. Unless one of the qualifying conditions is met, your senior rater cannot also be your rater. Anything else is the wrong answer.

Good Luck!

Matt
As for mentioning charges that were dropped, SFC W was correct; that cannot be mentioned. Here is the reg:

AR 623-3
quote:
3–19. Unproven derogatory information
Any mention of unproven derogatory information in an evaluation report can become an appealable matter if later the derogatory information is unfounded.

a. No reference will be made to an incomplete investigation (formal or informal) concerning a Soldier.

b. References will be made only to actions or investigations that have been processed to completion, adjudicated, and had final action taken before submitting an evaluation report to HQDA. For example, rating officials are not prohibited from commenting on a court-martial (judicial), if completed, but the comments should focus on the behavior that led to the court-martial rather than the court-martial itself. If the rated Soldier is absolved, comments about the incident will not be included in the evaluation.

c. This restriction is intended to prevent unverified derogatory information from being included in evaluation reports. It will also prevent unjustly prejudicial information from being permanently included in a Soldier’s OMPF,
such as—
(1) Charges that are later dropped.
(2) Charges or incidents of which the rated Soldier may later be absolved.
...
e. Reports will not be delayed to await the outcome of a trial or investigation unless the rated Soldier has been removed from his or her position and is in a suspended status (paras 3–54 and 3–55). Upon completion of the trial or investigation, processing of evaluation reports will resume. Evaluation reports will be completed when due and will contain what information is verified at the time of the “THRU” date of the report.


There is no wiggle room in there. If your rating chain go against regs, you have a good case for appeal and/or IG action.

Good Luck!

Matt
quote:
Originally posted by hangungen2012:
ok so latest and greatest.... They took the bullet off my ncoer completely. There is nothing negative on the entire thing and still my senior rater is giving me a 3-3.. WTF? The senior rater comments aren't good but nothing terrible. Can I still appeal this and win?


Without seeing the actual NCOER, and not knowing the ENTIRE situation, no one can really give you any further information other than wild guesses.

You can always appeal, but no one can guarantee the outcome. Again, if the Rater does not fall into the categories noted in the reg, then your Senior Rater cannot fill both roles. Appeal THAT, not the 3-3.

Good Luck!

Matt

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