What do you do when the evaluation redress system is not working?

SSG Private RallyPoint Member — Tue, 23 Jan 2024 16:15:13 -0500

What do you to when the evaluation redress system is not working? The Commander refused to conduct the inquiry and when he had no choice he purposely skewed the facts and lied.

Everything I state is backed up with documentation, emails, text, and other means legal in my state.

I posted here months ago regarding an NCOER issue. Falsified derogatory comments with no basis and falsified counseling dates. Every date. So my argument is the totality of the inaccuracies on the report should show the report is unjust and unwarranted. I got a lot of great responses from some great leaders on here. But to keep it short I have a really good case and have all evidence of actions and lack there of. My case should be open and shut and my leaders should have just fixed it based on regulatory guidance but they did not. So, I requested the Commanders Inquiry.

The issue now, and I knew this was going to be an issue from the beginning, is My Co CDR did not want to conduct the Commanders Inquiry. He clearly wants to be a bro and not a Commander. He did not communicate, he dragged his feet, never put the administrative hold on the eval, and now he’s lying on his MFR for the findings of the inquiry. I requested the inquiry in September 14 and only after no action taken I said to him on November 15 in email I am going to seek guidance from BN is when he immediately started inquiry. I told him this on November 15 and on November 16 he started. I only know he started on November 16 because that’s what he wrote in his MFR. If I didn’t mention BN he would have started at a later date or not at all.

Without saying a lot, yes he lied on an official document and made false official statements in his MFR. I eloquently explained in email and dissected everything in his MFR that was false and everything he purposely chose to exclude or miscommunicate. Needless to say the Commander said he was going to fix it. In a meeting he presented me the MFR on December 13, December 14 I sent the email, December 15 they call me to a meeting to tell me they are going to fix it and re write it. They still have not fixed it and therefore I have not signed the eval since the Commanders Inquiry is still not over for corrections according to the Co command team.

All I want is for the commander to tell what happened in the MFR so I can properly appeal. I don’t care if the raters fixes anything at this point as long as the documentation shows they had the opportunity to abide by the regulation after it was addressed. I gave a 14 page Commanders inquiry in MFR format and he wrote a one page which did not capture the evidence and actually made it seem like I’m making it up.

The rater falsified the counseling dates but the Commander told me in the meeting on 13 DEC that I have the word falsified misconstrued. Is putting dates to make it seem like I was counseled when I was not not falsification? He also wrote in his MFR “…no derogatory information was placed on the evaluation. during the meeting on 13 DEC he says the information is negative but not derogatory. Well why can’t he say negative information was placed on the evaluation? He could have left that part out like he left out all the other facts. He wants to alleviate any condemnation from his battles and make it seem like I’m lying. Negative, derogatory, unfavorable all mean the same thing. He tried to play with semantics to justify actions but they literally mean the same thing which is wild he doesn’t know that. Ar 600-37 the regulation on unfavorable information defines derogatory using multiple synonyms. It’s any information gjT calls into questions my character, reliability, trustworthiness etc. Im so tired of still dealing with this and being lied on I don’t know what to do any more.

Response by MSG Private RallyPoint Member made Jan 23 at 2024 5:16 PM

MSG Private RallyPoint Member — Tue, 23 Jan 2024 17:16:41 -0500

Time to take this to BN and/or BDE Commander Open Door

Response by COL Dan Ruder made Jan 25 at 2024 1:51 PM

COL Dan Ruder — Thu, 25 Jan 2024 13:51:22 -0500

SSG Private RallyPoint Member, in instances like the one you describe, when such matters came to my attention or the attention of my Brigade CSM, we treated them as commander's inquiries. At times, I directed a commander's inquiry at the battalion level if they were not appropriately involved, with a set timeline for resolution, and the Battalion Cdr keeping me updated. During these inquiries, I aimed for an equal burden on the Senior Rater, the Rater, and the Ratee to substantiate their positions with evidence. Discrepancies between the evaluation and periodic (quarterly) or episodic performance counseling sometimes arose. As necessary, I would request the Ratee's copy of the DA Form 2166-8-1 to clarify dates and other details. Both Raters and Ratees are aware that the Ratee receives a copy of the written counseling.
In challenging situations, or when there is ambiguity between counseling and evaluation, I would involve the Inspector General (IG) for assistance. This involvement would occur as part of a commander's inquiry and the IG would help inform my judgement. You could request a commander's inquiry at the next level up and even ask that they involve the IG for assistance. Alternatively, you can independently seek IG involvement, especially if you believe that a case can be made.

Response by MSG Gary Eckert made Jan 26 at 2024 4:01 PM

MSG Gary Eckert — Fri, 26 Jan 2024 16:01:29 -0500

I am going to give you some advice but I know you will probably ignore it. The Commander’s inquiry is what it is. You may not agree with the findings and you can identify inaccuracy in his report in you official appeal but DO NOT call him a liar. There are
UCMJ consequences if you cannot back that up in what essentially is his opinion of your situation you could find yourself in trouble. When you write your appeal stick to contesting facts. For example if you rate we said you have the lowest PT test
Score and Joe Snuffy scored lower than you that is something verifiable that you can appeal. If he says you’re a poor PT performer that is his opinion and very hard to dispute although not impossible based on your PT scores. Something like not a team player would be even harder to dispute.

Response by SMSgt Lawrence McCarter made Jan 27 at 2024 7:48 AM

SMSgt Lawrence McCarter — Sat, 27 Jan 2024 07:48:44 -0500

I can't speak for the Army but in the USAF the Installation's Inspector General is a great source to correct problems and they aren't concerned with what rank the problem is. There tend to be no delay and their response is immediate. If that can't be resolved within Your chain of command there are other avenues. Base Legal is also another avenue for advise and action as well when needed.

Response by SGT Private RallyPoint Member made Feb 13 at 2024 9:39 AM

SGT Private RallyPoint Member — Tue, 13 Feb 2024 09:39:04 -0500

Take the QMP and collect your involuntary separation pay.