First, thank you for your service. You have been serving this country through some of the toughest times in modern history.
Technically, the NCOER is invalid if the Rating Scheme was not followed. Check the rating period covered on the NCOER and the type of NCOER (it should be an Annual or a Change of Rater). Does it match the Rating Scheme and time line? Check the previous Rating Scheme?
Have you addressed this issue with your First Sergeant? Or, if you are no longer with that unit, have you discussed this with the First Sergeant of the unit where you received your NCOER? First Sergeants maintain the Rating Scheme in his/her unit for all the NCO’s (and officers). The First Sergeant/Command Sergeant Major are responsible for the integrity of all the NCOER’s in his/her unit and should investigate any improprieties.
There should have been a Change of Rater NCOER within 90 days of any change to the Rating Scheme. Find a copy of the Rating Scheme. It should identify your rater, senior rater, reviewer, and the effective date. The Rating Scheme should be posted on the unit bulletin board for everyone to read. Get a copy if you can. If your raters are no longer with the unit, that could make things difficult.
Also, did your rater meet with you quarterly for your Quarterly Counseling session? These counseling sessions are critical to your NCOER (and should have the dates posted to the NCOER). This is where your First Line Supervisor gives you feedback on your work. If your rater feels that you are not performing to standards, this is how the rater informs you. Then, together you both work out a plan and timeline for improvement or corrective action. If there is no improvement in the agreed time frame (or if the agreed upon changes were not achieved), then a negative comment can be justified on your NCOER by the rater. Was there any counseling performed? Anything documented?
If the First Sergeant, for whatever reason, doesn’t support you on what appears to be a questionable NCOER, talk to your commander or Command Sergeant Major. Use your Chain of Command. Once you have discussed this issue with your Chain of Command and still can’t reach a resolution, you can appeal the NCOER.
When appealing the NCOER, address the items you are disputing clearly and concisely. State the facts as accurately as possible so the Appeals Board can understand. If the Appeals Board agrees with you, the board can nullify the NCOER and it will not impact any of your future promotion boards.
One last item. I understand your refusal to sign the NCOER. However, signing the NCOER only means that you concur with the administrative information on the form. It doesn’t mean that you concur with comments from your raters.
Pay close attention to all your NCOER’s in the future. Good luck.
