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.