Relief for cause reports are covered under:AR 623-3 para 3-59, DA PAM 623-3 para 3-9 and AR 600-20 para 2-17. Typically the following rules apply for an NCO:
If the matter is severe then yes, you can receive an RFC NCOER. If the matter is not severe, you will usually be given a counseling that identifies the areas you need to improve. Your progress will likely be re-evaluated weekly (in writing). If you improve, you will probably not be relieved, though the situation may merit mention on your NCOER. If you do not improve, they will proceed with the RFC. In addition, should your performance improve and then slide again in the future, there is no requirement to redo the 30-day counseling.
Your description concerning lack of counseling is alarming but counseling prior to an RFC is not necessarily required depending on the situation. Typically, a command will opt for a change of rater rather than an RFC if they have not followed the all requirements correctly. Of specific interest to you may be (extracted from AR 623-3 para 3-59e):
e. The minimum rater and senior rater qualifications and the minimum rating period are 30 rated days. The fundamental purpose of this restriction is to allow the rated NCO a sufficient period to react to performance counseling during each rating period. Authority to waive this 30-day minimum rating period and rater and senior rater qualification period in cases of misconduct is granted to a general officer in the chain of command or an officer having general court-martial jurisdiction over the relieved NCO. The waiver approval will be in memorandum format and attached as an enclosure to the report (see para 3–38 and fig 3–1).
Another option would be to make a call to the IG/JAG (if you are uncomfortable with this, do not use your name or unit) and ask if there is a local policy/procedure for dealing with such cases. Ask for some general advice about policy and procedures in this matter. Each IG/JAG usually has a little bit of a different take on this issue. Remember above all be professional and accept responsibility for your actions if you made a mistake or acted inappropriately.
