Let’s break this problem down into workable chunks
Issue: Entering counseling dates on the NCOER when no counseling sessions were conducted: This is perhaps the most serious issue you have raised. Placing false information on an official form is fraudulent and a violation of integrity. This usually occurs because the rating chain is unfamiliar with the correct process or they do not want other leaders in the unit to know they failed to conduct counseling sessions as required by regulation.
Solution: Refer to AR 623-3 paragraph 3-15 “When counseling was not completed and dates are omitted on the form, enter a statement in Part Ve of DA Form 2166–8 explaining the reason why counseling was not accomplished.” Statement could read “Rater failed to conduct counseling IAW with AR 623-3”
Issue: Lack of knowledge concerning your achievements and status: This issue occurs with active duty Soldiers too but appears to be more common among Guard and Reserve Solders. It is usually a result of inadequate interaction between the rater and the Soldier. This lack of interaction is usually caused by one of the following conditions: geographical separation of the rater and Soldier or other unit factors that make communication and observation difficult (such as individuals not attending drill as required, or individuals frequently TDY/at schooling during the rating period).
Solution: Make a list of your achievements that you would like to see annotated on your NCOER along with all supporting paperwork and turn it into your rater for review.
Issue: Rater will not place volunteer comment on my NCOER. The rater is under no obligation to place comments on your NCOER. However, if you can provide proof such achievements occurred the rater will usually concede. However, the rater could still simply enter a “Meets the Standard” rating.
Solution: Provide documentation to rater
Issue: First NCOER contained a Needs Improvement. This action shows a lack of communication between you and the rater.
Solution: Retain the original NCOER with the needs improvement rating as documentation in case you decide to file a commander’s inquiry or appeal.
Issue: Rater states he cannot annotate achievements on your NCOER because he did not see you do it. Again if you can provide documented proof by a neutral or disinterested party (such as a leader in your spouse’s unit) or provide official documentation of training the rater must now determine why he should not give you credit.
Solution: Provide written request for inclusion of achievement on your NCOER and provide documentation.
Issue: Rater states you are not being tracked. What does he mean by this? Was he your rater during this time or was this time outside the rating period he is covering in your report?
Solution: If the rater was not your rater during the time-frame of the achievement it would be considered unrated time. If he was your rater it could be included.
I believe we have gone through most of your concerns. Now let’s review the process for trying to obtain a reasonable solution.