Bottom line
You have several options, you can:
- Sign the evaluation report
- Contest the counseling dates
- Request a Commander’s Inquiry
- Appeal the NCOER
- or a combination of 1-4 above.
Discussion
False Counseling Dates
If you sign the counseling with false counseling dates you are agreeing the counseling took place. It sounds like you should have really received a change of rater or received non-rated time. The counseling responsibilities cannot be passed. If the rater did not counsel you as you state then the correct procedure is for the Senior rater to annotate in his comments something like: “Rater failed to counsel Soldier IAW AR 623-3”. Once that statement is made they can pretty much say whatever they want. They must be completed by the rater and senior rater.
Regulatory Requirements
There are several requirements under AR 623-3 and DA PAM 623-3 they include but are not limited to.
1. Receiving an initial counseling within 30 days. This should be done on the 2166-9-1 and SHOULD also include a DA FORM 4856 or Memorandum of counseling.
2. During your initial counseling you are supposed to receive a copy of the rater’s and senior rater’s support form
3. The senior rater is required to review all counseling sessions and place his/her initials on the 2166-9-1 for the initial and quarterly counselings.
4. You must also be given a copy of the rating scheme. Any time the rating scheme changes you must be notified.
Items to Consider
The question becomes do you need to argue these points? What are the unintended consequences of rocking the boat? Is this a bad NCOER? If so some action needs to be taken but only you can decide what action is most appropriate.
Your options include:
- Sign the evaluation report
- Contest the counseling dates
- Request a Commander’s Inquiry
- Appeal the NCOER
- or a combination of 1-4 above.
Note if you sign the NCOER you are stating the counseling dates are correct and pretty much your chance of Appealing the NCOER goes away.
You might find the following ASKTOP posts useful:
