AR 600-20 spells out chain of command and when someone is in charge. For example, if an E-6 is senior in grade by date of rank he can rate you and counsel you. Typically, it will be from the perspective of being in charge of you. For example: If the Platoon Sergeant is an E-6, and the Squad Leader is an E-6, the Platoon Sergeant can counsel the Squad Leader – and even rate him – as long as he is senior in grade (See AR 623-3 on Rater requirements).
Another action might be that the Platoon Sergeant is junior in grade to the Squad Leader. In this case the Platoon Sergeant can counsel the Squad Leader, but not be his rater.
I would caution you on ripping up a counseling. If the individual counseling you has the consent of the chain of command – either by being placed in a position of responsibility over you, or in charge of detail over you, etc., – you are duty bound to comply with his orders whether you like it or not. Tearing up a counseling statement by another E-5 could solve the issue very quickly – in that you could become an E-4 (worst case) or a senior leader potentially puts you in your place and through this action you lose credibility with the Soldiers/Leaders within your element. The best approach is to be calm, professional, and unemotional. Treat the other leader as you would want to be treated!
With regard to regulations on counseling: AR 600-20, AR 623-3, FM 6.22 appendix B (Soon to be ATP 6.22-1)
You might also find the following Q&A useful.
Can a squad leader rate another squad leader?
Who should counsel when a squad has more than one NCO?
Can an E-4 counsel other E-4’s?
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Comments
Eck
If your question is can an NCO rate another NCO with the same DOR, then the answer is yes. For example, a SSG in a platoon sergeant position can rate another SSG, say in a squad leader position, in the platoon with the same DOR.
Johnson
What if the NCO’s have the same DOR?