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I just received my NCOER, I have never been counseled and this evaluation was completed by people not in my rating chain, What can I do?

I just received my NCOER for signature. This is my first time seeing my NCOER or a counseling for that matter. The NCOER has dates for counselings that I never took place. My senior rater and reviewer are the Company Commander and Battalion Commander. The entire time I've been here I haven't been counseled. My Platoon Sergeant passed the responsibility of counseling me when he PCS'd to my Senior Rater. My Senior Rater PCSs also and the tech (warrant officer) who has been there the entire time becamse the platoon leader and somehow my rater. He never counseled me and when it came time for his PCS, he writes my COR NCOER with 11 months of rated time. What can I do, how can I address this situation? Once again, I still haven't signed my NCOER.

The Mentor - A Comprehensive Guide to Army Counseling and Leadership

Bottom line

You have several options, you can:

  1. Sign the evaluation report
  2. Contest the counseling dates
  3. Request a Commander’s Inquiry
  4. Appeal the NCOER
  5. 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: 

  1. Sign the evaluation report
  2. Contest the counseling dates
  3. Request a Commander’s Inquiry
  4. Appeal the NCOER
  5. 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:

Can my rater falsify the counseling dates on my NCOER?

What does my signature mean on the NCOER? 

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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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