Army

June 6, 2014

How to appeal OER’s, NCOER’s

Capt. Nate Kamotani
Legal Assistance Office NTC and Fort Irwin

Have you recently received a not so good officer evaluation report (OER) or non-commissioned officer report (NCOER)?

While most of us believe that we are better than what others think of us, there are specific prohibitions in Army regulation 623-3 regarding what cannot be included in the evaluation.

If you believe that your evaluation contains administrative and/or substantive errors after looking at the regulation, then you should make a written demand for a commander’s inquiry. The primary purpose of a commander’s inquiry is to provide a greater degree of command involvement in preventing obvious injustices to the rated individual and correcting errors before they become a matter of permanent record.

The commander’s inquiry is ordered by a commander above the designated rating officials involved in the allegations. The results of a commander’s inquiry do not constitute an appeal, but can be used to support a subsequent appeal.

If you are not satisfied after a commander’s inquiry, your next step would be submitting an appeal to Human Resources Command. An appeal request must be substantiated with clear and convincing evidence (more likely than not that something happened). The specific evidence you need depends on whether or not you are alleging administrative or substantive errors. A Fort Irwin Legal Assistance Office attorney can help point you in the right direction.

If you are still not satisfied after going through HRC, then your next step would be to try to correct your records at the Army Board for Correction of Military Records (ABCMR). More information on that process can be found at Army regulation 15-185.

Remember that this article is only meant to provide general information on this matter. Schedule an appointment to see a legal assistance attorney for more information on this subject and how to get started with the process. Keep in mind that this is a lengthy and time consuming process if you have to go all the way to the ABCMR.




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