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.




All of this week's top headlines to your email every Friday.


 
 

 
Courtesy photo

Summer program a success

Courtesy photo Children and volunteers gather for a group photo during the “Wilderness Escape” Vacation Bible Study program, which ran July 28-Aug. 1. “Wilderness Escape” was the theme of Fort Irwin’s Summer Vacation ...
 
 
Blowing_cake_candles

Army JAG Corps celebrates 239th birthday

Robert Hickson, Spc. Jodie Wagner and Lt. Gen. (R) Scott Black blow out the candles on a cake during a celebration of the Army Judge Advocate General’s Corps 239th birthday here, July 29, 2014. Hickson is a claims adjudicator...
 
 
SGMEsmurria_SPCMartinez_carepackages

Operation Gratitude delivers care packages to Fort Irwin

Fort Irwin United States Army Garrison Command Sgt. Maj. Carlos Esmurria (right) and Spc. Joaquin Martinez, military police officer, help with the delivery of care packages from Operation Gratitude, Aug. 8. Operation Gratitude ...
 

 
MST_MCSC_check_presentation

MST and MCSC say no to bullying

William Paul (right), director of Fort Irwin’s Middle School Teen Center, and Kelly Furtick (left), president of Military and Civilian Spouses Club here, hold a ceremonial check provided to MST, July 22. Fort Irwin’s Middle...
 
 
Ellie_desert_tortoise

Tortoise alert

Ellie the desert tortoise lives in a pen at the DPW Environmental Center here. The desert tortoise represents the epitome of a survivor. Able to go a year or more with no access to water, the tortoise stores all it can get in a...
 
 
photo1

Sesame Street comes to Fort Irwin

The cast of Sesame Street/USO Experience performs a free and unique experience at the Freedom Fitness Center, Aug. 13. The show is geared toward the lifestyle and experiences a military child faces. The furry cast of the Sesame...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Directory powered by Business Directory Plugin