Posted on May 29, 2020
How does someone appeal a relief-for-cause NCOER after being falsely accused of something?
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I have a NCO who is going to receive a relief for cause NCOER after a 15-6 in which the I/O stated "it is more likely than not" finding for a SHARP (gender discrimination) case. I am trying to help him fight it because I do not believe he did it (to clear up: different than being falsely accused as I previously stated). I told him to talk to legal assistance in order to appeal it but he was told to wait until its actually submitted as such before they can appeal. Anyone have experience in this? He is trying to submit a commissioning packet this next year but I believe this NCOER with effect his chances.
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NCOER
NCOER
Edited >1 y ago
Posted >1 y ago
Responses: 4
Here is the HRC link for appealing evals. The Reg and Pam is hyperlinked. Plus sample formats are hyperlinked. Hope this helps
https://www.hrc.army.mil/content/Evaluation%20Appeals%20and%20Corrections
https://www.hrc.army.mil/content/Evaluation%20Appeals%20and%20Corrections
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The NCOER will not only destroy ANY chance he has at commissioning, but also lead to a QMP if they are a SSG or above.
An RFC is an administrative process and not a legal one. This is an important distinction because the IO does not need to prove they did anything because the Soldier is not going to trial or even receiving UCMJ. The commander simply has to determine that the Soldiers actions were not in upholding the upholding the Army Values or exercising good judgment.
You can’t appeal an NCOER until it’s been filed and the process can be very lengthy. Best option is for the Soldier to retain legal counsel from a lawyer who specializes in Military law.
An RFC is an administrative process and not a legal one. This is an important distinction because the IO does not need to prove they did anything because the Soldier is not going to trial or even receiving UCMJ. The commander simply has to determine that the Soldiers actions were not in upholding the upholding the Army Values or exercising good judgment.
You can’t appeal an NCOER until it’s been filed and the process can be very lengthy. Best option is for the Soldier to retain legal counsel from a lawyer who specializes in Military law.
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I have quite a bit of experience with 15-6 investigations. I’ve acted on the findings of 15-6’s and have been an IO.
The findings and recommendations are based upon “the preponderance of the evidence.” That is the standard. NOT beyond a reasonable doubt.
If the IO found that the preponderance of the evidence indicates the SM committed the acts, the commander can use those findings as the basis for the RFC, UCMJ, and other actions.
Like others have said, the NCOER needs to be filed before it can be appealed.
Hard to say “falsely accused” when the evidence indicates the opposite.
The findings and recommendations are based upon “the preponderance of the evidence.” That is the standard. NOT beyond a reasonable doubt.
If the IO found that the preponderance of the evidence indicates the SM committed the acts, the commander can use those findings as the basis for the RFC, UCMJ, and other actions.
Like others have said, the NCOER needs to be filed before it can be appealed.
Hard to say “falsely accused” when the evidence indicates the opposite.
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