NCOERs Leadership Professional Development Class (and reference guide) SFC Matthew Jones 511 th MI Co. First Sergeant

1. NCOERs Leadership Professional Development Class (and reference guide) SFC Matthew Jones 511th MI Co. First Sergeant Matthew.a.jones.mil@mail.mil

2. Purpose: To enhance the ability of the NCOs and officers of the 511th MI Co. to effectively write NCOERs. • References: • AR 623-3 (Evaluation Reporting System), dated 5 June 2012 • DA PAM 623-3 (Evaluation Reporting System), dated 5 June 2012 • AR 25-52 (Authorized Abbreviations, Brevity Codes, and Acronyms), dated 4 January 2005 • HRC Information Paper on NCOERs and OERs, dated 24 February 2011 • DA form 2166-8 (NCOER), dated October 2011 • DA form 2166-8-1 (NCOER Counseling and Support Form), dated October 2011. • Various English grammar websites (citations included on those slides) • Army Directive 2013-20 (Assessing Officers and Noncommissioned Officers on Fostering Climates of Dignity and Respect and on Adhering to the Sexual Harassment/Assault Response and Prevention Program)

3. Administrative Data on a 2166-8 UB63 * Reference: DA PAM 623-3, Paragraph 3-3, and table 3-1

4. Rating Qualifications/Responsibilities • Rated Soldier Responsibilities • Usually must complete 90 calendar days in the same position under the same rater • Do the best they can every day • Remind the rater about quarterly and initial counselings • Provide input on the NCOER during construction • Verify all information is accurate and correct • Rater Responsibilities • Must be the rater of the Soldier at least 90 consecutive rated calendar days to be considered valid • Provide a copy of his/her counseling support form, as well as the senior rater’s support form • Discuss the scope of the rated Soldier’s duty position within 30 days of assuming duty as the rater • Counsel the Soldier on a DA form 2166-8-1 (additional information can be included on a DA form 4856) • Provide an honest assessment of the rated Soldier • Senior Rater Responsibilities • Must be the senior rater of the Soldier at least 60 consecutive rated calendar days to be considered valid • Focuses on promotion, performance, potential, and schooling • Ensure the rater counsels the rated Soldier throughout the rated period • Review the NCOER before sending it to the reviewer • Reviewer Responsibilities • No minimum time in the rating chain • Reviews the report for accuracy and consistency • Gives the report to the senior enlisted NCO in the organization for review • Will be an officer with few exceptions

5. Rating Chain Guidelines • Established rating chains will correspond as nearly as practicable to the chain of command or supervision within a unit or organization, regardless of component or geographical location (AR 623-3, 2-2) - just because you are not physically located with your section does not mean you cannot be rated by them • Rating schemes will identify the name of the rated Soldier and the effective date for each of the rating officials (date on which the rating official assumed his or her role as the rating official for the rated Soldier) (AR 623-3, para 2-2) • Rating schemes will be published and made accessible, either manually or electronically, to each rated Soldier and each member of the rating chain. (AR 623-3, para 2-2) • The reviewer will be a U.S. Army officer, CSM, or sergeant major (SGM) (or promotable (P) master sergeant(MSG) working in an authorized CSM or SGM position) in the direct line of supervision and senior in pay grade or date of rank to the senior rater (AR 623-3, para 2-3, f. (2) (b)) • Every NCOER should be reviewed by the rated NCO’s 1SG, CSM, or SGM to ensure accountability of Soldiers’ evaluation reports and to oversee performance of junior NCOs (AR 623-3, para 2-8, b (1) (a))

6. Sample NCOER Rating Schemes Rated NCO Squad Leader Squad Leader PSG NCO PL Rater PSG PSG CO SR PL PL BN CDR Reviewer CO

7. Reason Codes for Submission

9. Admin Data Common Mistakes • Names NOT in all caps • Officers' MOSs entered and not branch (i.e. - 35D instead of MI) • Warrant Officers' branches entered instead of MOS (i.e. - MI instead of 350F) • No PMOSC should read 35D/MI or similar. Either the MOS or Branch ONLY • Unnecessarily abbreviating duty positions that would otherwise fit if using the wizard (i.e. - CO Commander instead of Company Commander) *use the wizard to avoid these issues • Duty positions in all caps • Email addresses don't match (i.e. - @ako instead of @mail.mil; all email addresses SHOULD be the same type) *this is not regulatory, but rather unit-dependant • SM attempts to sign outside of the two week window

10. Admin Data Guidelines • The address should reflect the rated NCO’s location as of the “THRU” date of the report. While in a deployed status, indicate the data of the deployed unit. (DA PAM 623-3, Table 3-1) • Reduction to another NCO grade does not require a report. (DA PAM 623-3, Table 3-1) • The period covered is the period extending from the day after the “THRU” date of the last report to the date of the event causing the report to be written. • Use the wizard to complete the admin data; the total months of rated time will be automatically computed factoring in unrated time on the wizard • Most common reason to have an enclosure would be a letter of non-concurrence between from the reviewer (required if the reviewer selects "non-concur") • PSB code - get with your S1 or use AKO MyForms and it should automatically populate

11. What if the Soldier can’t/refuses to sign? • What is the Soldier verifying by signing the 2166-8? • The rated Soldier’s signature verifies that administrative data including SSN, counseling dates, Army physical fitness test (APFT), and height and weight entries on the form are correct and confirms that the rated Soldier has seen the completed report. (AR 623-3, para 2-10 b. (5)) • (4) It should be noted that the rated Soldier’s authentication in part II of a DA Form 67–9 or DA Form 2166–8 • verifies the information in part I. It also confirms that the rating officials named in part II are those established as the • rating chain and authenticates the accuracy of the APFT and height and weight entries made by the rater. Appeals • based on alleged administrative errors in those portions of a report previously authenticated by the rated Soldier (parts I, II, and III, block a) will be accepted only under the most unusual and compelling circumstances. The rated Soldier’s signature also verifies that the rated Soldier has seen a completed evaluation report. Correction of minor administrative errors seldom serves as a basis to invalidate an evaluation report. Removal of a report for administrative reasons will be allowed only when circumstances preclude the correction of errors, and then only when retention of the report would clearly result in an injustice to the Soldier (AR 623-3, para 4-7) • If the rated NCO is physically unavailable to sign his or her NCOER (and the report cannot be forwarded to him or her to sign), unable to sign the report digitally or manually, or refuses to sign the NCOER for any reason, the senior rater will either resolve the problem or explain the reason for the lack of a signature. Using the Wizard application associated with the electronic form within the "My Forms" Portal on AKO, the senior rater will check the appropriate “NO” box response to the question “Is the rated Soldier available for signature?” or the comment “Rated Soldier refused to sign.” The applicable statement will then be entered in part VII, block c (“Soldier unavailable for signature” and/or “Soldier refused to sign”) (DA PAM 623-3, Table 3-2)

12. Unrated Time Codes

13. Unrated Time Guidelines • Any school that produces a DA 1059 is un-rated time (AR 623-3, para 3-14) • An AER from a course that is 12-15 months in length can stand on its own (AR 623-3, para 3-14 b. (3)) • NCOERs should not have a break at all; The period covered is the period extending from the day after the “THRU” date of the last report to the date of the event causing the report to be written. (DA PAM 623-3, Table 3-1) • No NCOER may have more than 12 rated months

14. Completed NCOER Admin Data Example

15. Duty Description and Values on a 2166-8

16. Duty Description and Values Guidelines • Enter principal duty title that matches the unit force management document or that most accurately reflects actual duties performed. (DA PAM 623-3, table 3-3) *NOTE: Remember that the current duty title on an ERB cannot be changed until that duty position has changed; therefore, if you want your ERB to match your NCOER for a promotion board, your NCOER principle duty title should match the MTOE position being filled (the ERB auto populates from the MTOE para and line number) • Duty MOSC (at least five digits, but no more than nine) usually matches the MTOE (i.e. - 35Ms in the MICO are coded in "L" billets) • Duty MOSC can be outside of actual MOS, or a rank below or higher; a SFC filling a SSG billet will have the "3" skill level • Areas of Special Emphasis - areas that you want to draw attention to on the back; must have a corresponding entry somewhere on the back. Also good for short-titling words or phrases • Appointed duties must usually be something you are on appointment orders for • Values must be completed in past tense (DA PAM 3-6, b. (2))

17. Duty Description and Values Example

18. NCOER Restrictions • Awards and/or special recognition received during the rating period may be cited in evaluation comments (AR 623-3, para 3-17) • Authorized abbreviations, brevity codes, and/or acronyms found in AR 25–52 may be used in rating officials' comments. However; other abbreviations, brevity codes, and/or acronyms must be spelled out the first time with the shortened form indicated within parentheses; thereafter, the abbreviation, brevity code, and/or acronym may be used alone. • No reference will be made to an incomplete investigation (formal or informal) concerning a Soldier. (AR 623-3, para 3-19) • Any verified derogatory information may be entered on an evaluation report. This is true whether the rated Soldier is under investigation, flagged, or awaiting trial. While the fact that a rated Soldier is under investigation or on trial may not be mentioned in an evaluation until the investigation or trial is completed, this does not preclude the rating chain’s reference to verified derogatory information. (AR 623-3, para 3-19) • Reports will not be delayed to await the outcome of a trial or investigation unless the rated Soldier has been removed from his or her position and is in a suspended status (AR 623-3, para 3-19) • A rated Soldier who voluntarily enters the Army Substance Abuse Program (ASAP) for an alcohol or drug abuse problem that has not been detected by the chain of command will not be penalized by mention of ASAP participation in an evaluation report. (AR 623-3, para 3-24) • A report will not refer to performance or incidents occurring before or after the period covered or during periods of nonrated time. The determination of whether an incident occurred during the period covered will be based on the date of the actual incident or performance; it will not be based on the date of any subsequent acts, such as the date of its discovery, a confession, or finding of guilt, or the completion of an investigation (AR 623-3, para 3-16a) • Example - a Soldier fails ALC; the DA 1059 will cover this failure and cannot be mentioned in the NCOER due to it being during unrated time

19. Bullet Guidelines (per 623-3) Excellence. Exceeds standards; demonstrated by specific examples and measurable results; special and unusual; achieved by only a few; clearly better than most others. — Received physical fitness badge. — Qualified entire squad as expert with M–16 and M–60. — Awarded the Expert Infantryman Badge. Success. Meets all standards; majority of ratings are in this category; fully competitive for schooling and promotion. The goal of counseling is to bring all NCOs to this level. — Shares experiences readily, constantly teaches Soldiers. — Constantly seeking to improve, completed three sub-courses during rating period. — Coached and played on company softball team. — Established comprehensive cross-training program for his section. — His platoon had only one tank on deadline report (for 10 days) during last 11 months. Needs improvement. Missed meeting some standard(s). — Was often unaware of whereabouts of subordinates. — Had the highest deadline rate in the company due to apathy. — Unprepared to conduct formal training on three occasions.

20. Other General Bullet Guidelines • Starts with a lower case “o” followed by one space • Bullet comment starts in lower case, contains no periods • Can be split into two parts separated by a “;” or a “,” ... but only one “;” may be used • Use the “Areas of Special Emphasis” on the front to short-title acronyms • Must cover areas during the rated time only • Cannot address points during unrated time (i.e. – military schools, etc if they produce an AER) • May address awards received during the rated period • No underlining, all-caps (except for acronyms), or anything else to make the comment stand out • Past tense: “o performed well-above the standard” as opposed to “o performs well-above the standard” • No references to incomplete investigations, but can reference the behavior that led to the investigation • Should be cause/effect – “o instituted a rigorous physical training program which resulted in an increase of his squad’s APFT average by 20 points” or “o prepared his squad in Military Source Operations which resulted in five Soldiers graduating the SOC” as opposed to “o trained his squad in advanced Military Source Operations” – SO WHAT???

21. Bullet Guidelines • No comments are allowed that draw attention to differences of race, religion, sex, etc • Very rarely may comments about marital status be included • Care should be taken to avoid inputting classified information into the report • Voluntary ASAP enrollment or behavioral health cannot be mentioned on the report • Bullets should be no more than two lines long, and no more than three bullets per block (the exception being the APFT block) • Should be the strongest bullet first • Use all available space if possible • Quantify the bullet if possible. For example, instead of “o selected over his peers to become the acting platoon sergeant in his platoon sergeant’s absence” try “o selected over six other SSGs to become…” • Only short-title something once, and only short-title something that you use more than once • Except to comply with this regulation and the corresponding pamphlet (DA Pam 623–3), no person may require changes be made to an OER, NCOER, or AER. Members of the rating chain, the servicing administrative office, or HQDA will point out obvious inconsistencies or administrative errors to the appropriate rating officials. (AR 623-2, 1-10)

22. General English Grammar Guidelines • Nouns will be listed in the singular form and verbs in the present tense. Form plurals of brevity codes and acronyms by adding a lower case “s” (for example, major Army commands (MACOMs). (AR 25-52, para 1-6c.) • Avoid using a semicolon when a comma is needed: • Incorrect: The cow is brown; but not old. Correct: The cow is brown, but not old. • Avoid using a comma when a semicolon is needed: • Incorrect: The cow is brown, it is also old. Correct: The cow is brown; it is also old. • The prefixes co-, non- and ex- are sometimes separated from the following word by hyphens. • non-alignment, co-production, ex-lover • Phrases used as adjectives. Longer phrases used as adjectives in the attributive position (before a noun) are often hyphenated. • Compare: He is an out-of-work lawyer • Two-part adjectives: The hyphen is used in two-part adjectives when the second part ends in -ed or -ing. • I met a nice-looking girl, or: He is the blue-eyed boy of the minister. • If a number is less than 10, spell it out, unless it is in a list with other numbers larger than 10; never start a bullet with a number that isn’t written out: • o selected over five of his peers … as opposed to selected over 5 of his peers • o was 1 of only 10 NCOs in the brigade … • References: • http://www.englishpractice.com/punctuation/correct-hyphen/ • http://www.grammar-monster.com/lessons/abbreviations_forming_plurals.htm • http://writing.wisc.edu/Handbook/Semicolons.html

23. Competence • Most often reflects on the technical and tactical proficiency of the rated Soldier, as well as self-improvement • Does NOT address training. For example: “o utilized his vast experience as a 35F to train six Soldiers in all-source analysis”. Try instead: “o relied upon for his vast knowledge of 35F core competencies to advise the platoon leader on day-to-day analysis operations” or “o respected as the most knowledgeable 35G in the brigade; praised by the brigade commander for her abilities” • Usually the biggest trap is using the word “training” or some derivative which generally leads to a reviewer feeling that the block should be moved to training • Address areas of self-improvement: college courses, the earning of a degree while on active duty, correspondence courses, and other forms of military education that do not earn a DA 1059 • Excellent competence bullet example: • o competed in and won the Brigade NCO of the Quarter competition; awarded an ARCOM for his performance • Success bullet example: • o completed all assigned tasks which resulted in improved efficiency within the platoon • Needs improvement bullet example: • o consistently missed critical deadlines which led to a decrease in morale within her platoon

24. Physical Fitness and Military Bearing Guidance • Permanent profiles do NOT get the APFT PROFILE block, only temporary profiles • Use most recent unit APFT date; must be within 12 months (however, does NOT have to be within the period covered by the report) • Soldiers with temp profiles at the time of the APFT will enter “PROFILE” and the date the profile was awarded (in the block); profile must be within 12 months of the THRU date • Soldiers who fail get FAIL and rater must comment on the failure in the block • A comment on PROFILE is only mandatory IF the rated Soldier’s profile affects performance • Any blank spots will be commented on; i.e. – if a Soldier hasn’t taken an APFT the spot will be left blank and the rater will comment as to why (for example, the Soldier was on profile for an APFT given prior to deployment and then no APFT was administered during deployment due to no suitable place to administer an APFT) • For pregnant NCOs who have not taken the APFT within the last 12 months due to pregnancy, temporary profiles, and/or convalescent leave, the rater will enter the following statement: “Exempt from APFT requirement in accordance with AR 40–501 and from weight controls standards of AR 600-9.” (note that the APFT and HT/WT statements are combined) • Deployed units unable to administer the APFT due to mission or conditions will annotate NCOERs with the following statement: “NCO unable to take the APFT during this period due to deployment for combat operations/contingency operations.” In accordance with AR 350–1, upon return from deployment, NCOs will be administered a record APFT no earlier than 3 months for active Army and 6 months for USAR and ARNG NCOs. Note. NCOs are not exempt from complying with height and weight requirements of AR 600–9.

25. Physical Fitness and Military Bearing Guidance • “Received APFT badge” may be entered as a bullet comment to justify “excellence.” The APFT badge is awarded for scores of 270 points and above with at least 90 points in each of the three events. (DA PAM 623-3, Table 3-4) • NCOs who meet Army minimum standards for APFT, but fail to meet unit standards, will not be given a rating of “needs improvement” for physical fitness and military bearing, if such rating is based solely on the failure to meet unit standards. (DA PAM 623-3, Table 3-4) • With pregnant females the HT/WT entry is left completely blank (see the previous slide) • Comments mandatory on “NO” in HT/WT entry • AR 600-9 is in effect at all times except when deemed by medical doctors or pregnancy • Rating officials will not use the word “pregnant,” or refer to an NCO’s pregnancy in any manner when completing the NCOER. (DA PAM 623-3, Table 3-4)

26. Physical Fitness and Military Bearing • Excellent Physical fitness bullet example: • o awarded the Army Physical Fitness Badge; set an example for his peers and subordinates alike to emulate • Success bullet example: • o scored a 250 on the APFT • Needs improvement bullet example: • o failed to meet height and weight standards in accordance with AR 600-9; enrolled in the Army Weight Control Program and making minimal progress

27. Leadership – New SHARP Guidance b. When completing Part IV, block d of DA Form 2166-8 (NCO Evaluation Report), raters will assess howwell the rated NCO fostered a climate of dignity and respect and adhered to the Sexual Harassment/Assault Response and Prevention (SHARP) Program. This assessment should identify, as appropriate, any significant actions or contributions the rated NCO made toward: • promoting the personal and professional development of his or her subordinates; • ensuring the fair, respectful treatment of assigned personnel; and • establishing a workplace and overall command climate that fosters dignity and respect for all members of the group. This assessment should also identify, as appropriate, any failures by the NCO to foster a climate of dignity, respect and adherence to the SHARP Program. Additionally, if the rated NCO had a substantiated incident of sexual harassment or sexual assault in his or her unit, the assessment must note the incident and explain how the NCO addressed it. 4. Raters and senior raters will document any substantiated finding, in an Army or Department of Defense investigation or inquiry, that an NCO: • committed an act of sexual harassment or sexual assault; • failed to report a sexual harassment or assault; • failed to respond to a complaint or report of sexual harassment or sexual assault; or • retaliated against a person making a complaint or report of sexual harassment or sexual assault. In such cases, the rater and senior rater will take the following actions: a. The rater will mark "No" in Part IV, block a3 (Respect/EO/EEO) of DA Form 2166-8. The rater will also include a statement describing why he/she marked "No" in Part IV, block a of DA Form 2166-8 (for example, "Does not support the SHARP Program because of failure to report an incident."). b. The senior rater will further comment on the matter in Part V, block e of DA Form 2166-8, as appropriate. (reference Army Directive 2013-20)

28. Leadership • Most often talks about the ability of the NCO to lead X number of troops • Also often accidentally mentions training as well (just like competence) • Can talk about mentoring Soldiers to go to the promotion board, SOM board, etc. Think about how you mentor your troops – that’s what goes in here. Training your troops on MOS proficiencies or WTT goes in the training block • Address areas where the NCO has performed above his or her pay grade in a leadership position – for example, a squad leader as an acting platoon sergeant • Excellent leadership bullet example: • o selected over five of his peers to assume duties as the acting company first sergeant; skillfully managed his platoon and day-to-day company operations with no errors • Success bullet example: • o successfully led six Soldiers through a three week long brigade-level training event • Needs improvement bullet example: • o frequently failed to communicate vital information to members of his squad, resulting in decreased morale and missed deadlines

29. Training • Talk about what they trained and the results here; for example, training 10 people on PMI all of which who ended up qualifying expert • Any classes developed or training events developed or resourced, even if he/she didn’t do the actual training; for example, creating a major analyst training event but not actually teaching a class • Developing training plans and calendars • Using personal time to re-train or train Soldiers • Excellent training bullet example: • o trained 430 Soldiers within the brigade on Tactical Questioning; received a coin from the BDE CSM in recognition for his efforts • Success bullet example: • o conducted five Sergeant’s Time training events with positive AAR comments • Needs improvement bullet example: • o failed to resource training events that he planned which led to sub-par Sergeant’s Time training events

30. Responsibility and Accountability • Usually requires (by the unit, not by AR) a block about drug, alcohol, and resiliency • If the NCO is being relieved, this block needs to have a bullet that reads “o the NCO has been notified of the reason for relief” and the reason needs to be articulated in Block IV; otherwise if being relieved by the Senior Rater, the justification needs to be articulated in Block V e. • Very difficult to get an excellence in (in my opinion)….”o responsible for over $30,000,000 worth of sensitive equipment” – To me, that’s not an excellent. So you didn’t lose your stuff, congrats on being a Soldier. • Excellent responsibility and accountability bullet example: • o was one of only two physical security managers to receive commendable ratings for physical security during the Brigade Command Inspection • Success bullet example: • o maintained over $3,000,000 worth of assigned equipment • Needs improvement bullet example: • o lost a piece of sensitive equipment

31. Completely normal, good/decent NCOER Usually a result of a needs improvement Usually a result of 1/1, 1/2, or 2/1 o promotion o schooling o potential o performance Must be at least two positions listed, usually a TRADOC, MTOE, and special assignment. Can be of a lesser grade if the NCO is being relieved or demoted.

32. Overall Performance and Potential Guidance • Cannot receive "among the best" if you receive a "needs improvement" (DA PAM 623-3, Table 3-5) • Among the best. NCOs who demonstrated a very good, solid performance and a strong recommendation for promotion and/or service in positions of greater responsibility. Fully capable. NCOs who have demonstrated a good performance and strong recommendation for promotion should sufficient allocations be available. Marginal. NCOs who demonstrated poor performance and should not be promoted at this time. • Rater must list AT LEAST two positions in the duty positions, not to exceed three (DA PAM 623-3, Table 3-5) • Successful/superior. A “1” rating represents the cream of the crop and is a recommendation for immediate promotion. A “2” rating represents a very good, solid performance and is a strong recommendation for promotion. A “3” rating also represents a good performance and, should sufficient allocations be available, is a recommendation for promotion.— Fair. Represents NCOs who may require additional training/observation and should not be promoted at this time.— Poor. Represents NCOs who are weak or deficient and, in the opinion of the senior rater, need significant improvement or training in one or more areas. Do not promote and consider for DA imposed bar to reenlistment under the Qualitative Management Program. • Senior rater must address a lack of signature in addition to other comments in this section if the rated SM refuses to sign

33. Among the Best Example o promote immediately; has shown that he can flawlessly run day-to-day company operations o send to the Battle Staff Course to prepare him for staff duties as a Master Sergeant o no amount of responsibility is too much for this NCO; an excellent leader and motivator of Soldiers o consistently high performance; gives 100% effort every day and should be considered for nominative assignments

34. Fully Capable Example (Strong) o promote ahead of peers; consistently ranks as one of the better squad leaders in the platoon o send to the Advanced Leaders Course immediately o give this NCO more responsibility and watch him succeed o always gives 100% every day to accomplish the mission and ensures his subordinates do as well

35. Fully Capable Example (Weak) o promote with peers; performs daily duties on par with that of his fellow platoon sergeants o send to the Senior Leaders Course when slots are available o great potential; NCO is ready for more responsibility within the company o managed his platoon with very few deficiencies or missed deadlines

36. Marginal Example o promote after peers; consistently fails to achieve goals or meet deadlines o do not send to the Advanced Leaders Course at this time o needs supervision to accomplish most tasks and has still not reached his full potential o his performance was often below that of his peers

37. Relief for Cause Example o do not promote this NCO; performance on par with that of a subordinate o it would be a waste of government resources to send this NCO to further training o NCO has reached her full potential in the Army o fostered an environment in which Soldiers were not treated with respect which resulted in decreased morale within the platoon and company

38. NCOER Counseling Guidance • must counsel within 30 days of promotion to SGT or lateral appointment to CPL (no actual NCOER is required for CPL) (DA PAM 623-3, 3-1) • required quarterly; suggest putting a reminder in your online calendar or on your phone • maintaining a good counseling form makes for easier writing of NCOERs; suggest that your subordinate also keeps a working copy of a 2166-8-1 or 2166-8 as well so that they may easily provide input when it comes due • The rater will provide a copy of his or her support form (or equivalent), along with the senior rater’s support form (or equivalent), to the rated Soldier at the beginning of the rating period. (AR 623-3, para 2-12 a.) • The rater WILL counsel their subordinate IAW AR 623-3, para 2-12, c. - which if the NCO does NOT counsel their subordinate, subjects them to Article 92, UCMJ (Failure to obey an order or regulation)

39. Appeals • Appealing an evaluation report on the sole basis of a self authored statement of disagreement will not be successful. Likewise, statements from rating officials claiming that they did not intend to evaluate as they did will not, alone, serve as the basis for altering or withdrawing an evaluation report. (DA PAM 623-3, Para 6-1 c. (2)) • Careful consideration should be given before submitting an appeal of an evaluation report in which the narrative portions are positive, but the numerical markings or box checks are less than the maximum. HQDA expects rating officials to evaluate subordinates based on their own individual conscience and judgment. It is extremely difficult to successfully appeal a report of this nature without compelling evidence to support the appellant. (DA PAM 623-3, Para 6-1 c. (3)) • Failure to comply with any or all support or counseling form requirements will not constitute the sole grounds for appeal of an evaluation report (AR 623-3, 3-4, g) - That doesn't mean don't counsel!!! • Substantive appeals will be submitted within 3 years of an OER, NCOER, or AER “THRU” date. Failure to submit an appeal within this time will require the appellant to submit his or her appeal to the ABCMR, in accordance with AR 15–185. (AR 623-3, para 4-9b) • See DA PAM 623-3 Figures 6-1 thru 6-5 for sample appeal memorandums • c. An appeal may be approved in whole or in part, or may be denied, depending upon the merits of the case. The • result of a partially approved appeal may not be that requested by the appellant. For example, the board may decide • that the evidence justifies removal of the rater’s evaluation, but that the senior rater’s evaluation will remain, as it was not proven inaccurate or unjust. The board will not usually take action that might worsen an appealed evaluation report. (AR 623-3, para 4-9 c.) – Note: The appeal process only removes the inaccurate or incorrect information. The report will not be re-written, but rather redacted.

40. Final Notes • Remember that you are writing for someone that gives you (hopefully) 100% effort every day. Think about what you would want yours to say. Think about yourself. Are you counseling this NCO? If you aren’t, how can they expect to achieve success? • Review your work for spelling errors. There is no red line to denote a misspelled word, you have to use the spell checker • Use all the space available to get your point across • COUNSEL YOUR SUBORDINATES AND WRITING THE NCOER WILL BE A PIECE OF CAKE!!!!