NCOERINDEPENDENT ARMY RESOURCES

FEATURE

NCOER Appeals: Myths and Facts

Common Myths

  1. There is a two-year limit on every appeal.
  2. Some portions of an NCOER cannot be appealed.
  3. A denied appeal can never be resubmitted.
  4. An NCOER cannot be appealed while the rated NCO remains in the organization where it was written.
  5. Nothing can be done after a report is submitted.

Why an Accurate NCOER Matters

The NCOER is an important part of a soldier’s official record and may affect centralized promotion and school-selection decisions. Rating officials and rated NCOs should carefully check administrative information, including height and weight, physical-fitness results, duty title, rating period, and identifying information.

When possible, the report should be completed before the rated NCO leaves the organization so the NCO has an opportunity to review it for accuracy.

Types of Appeals

Administrative Appeals

An administrative appeal challenges factual or clerical errors in the report. Appropriate supporting evidence may include orders, personnel records, leave and earnings statements, medical documents, physical-fitness records, or other official records.

Substantive Appeals

A substantive appeal challenges an evaluation as inaccurate, unjust, biased, prejudicial, or contrary to the applicable regulation. The appellant must present clear and convincing evidence. Mere dissatisfaction with a rating or a self-authored statement, standing alone, is generally insufficient.

Any requested correction should correspond directly to the evidence provided. Relief may be limited to removing or correcting the portion proven inaccurate or unjust rather than replacing it with a more favorable rating.

The Army Redress Process

Commander’s Inquiry

An NCO who believes a report is illegal, unjust, inaccurate, or contrary to regulation should first try to resolve the issue with the rating chain. A Commander’s Inquiry may help identify and correct obvious errors or injustices before the report becomes a permanent record. Once a report has been filed, the formal appeals process becomes the primary means of seeking correction.

Formal Appeal

Begin preparing an appeal as soon as a well-supported disagreement arises. Delay can make it difficult to locate witnesses and obtain records. The applicable filing period and procedures depend on the regulation in effect, the report date, and the type of appeal. Because the source page cites older regulations and procedures, appellants should verify current requirements before filing.

Preparing the Appeal

  1. Review the governing regulation. Determine which regulation applied when the contested report was prepared and identify any provisions that were not followed.
  2. Identify each contested item. Specify the bullets, ratings, dates, signatures, duty information, or other entries being challenged.
  3. State the requested correction. Explain clearly and briefly what should be changed or removed.
  4. Gather supporting evidence. Obtain original statements and original or certified copies of relevant records.
  5. Organize the case logically. Connect every allegation and requested correction to specific evidence.
  6. Obtain an independent review. Ask a trusted, disinterested person to check the packet for completeness, logic, unnecessary emotion, and unsupported assertions.
  7. Verify current submission instructions. Confirm the responsible office, mailing address, required number of copies, and current procedural rules before sending the appeal.

Useful Evidence

Strong evidence may include:

  • Statements from people who directly observed the rated NCO’s performance during the rating period.
  • Statements explaining the writer’s position, opportunity to observe, and firsthand knowledge.
  • Statements addressing the specific bullets, ratings, or allegations being challenged.
  • Inspection reports, investigations, inquiry results, training evaluations, orders, personnel records, medical records, and physical-fitness documentation.
  • Statements from rating officials, when relevant, supported by other evidence.

General opinions that the appellant is a good soldier are less persuasive than detailed, firsthand evidence addressing the disputed portions of the report.

Appeal Memorandum

The appeal memorandum should include the appellant’s identifying information, the contested rating period, the basis and priority of the appeal, reliable contact information, and a concise description of the requested relief. It should list every enclosure and explain its relevance.

If a detailed narrative is necessary, it may be included as an enclosure. The appellant’s statement should be factual and specific because the deciding body may not contact the appellant for clarification.

Submission Checklist

Letter

  • Use the currently required military memorandum format.
  • Identify the appellant and contested report.
  • Explain the disagreement concisely.
  • State the precise corrective action requested.
  • List and identify every enclosure.
  • Include current mailing and telephone contact information.
  • Sign and date the memorandum.

Evidence

  • Include original or properly certified administrative records when required.
  • Use signed and dated witness statements based on firsthand knowledge.
  • Ensure each item supports a specific contention.

Final Review

  • Confirm that every enclosure is present.
  • Check signatures, dates, addresses, and telephone numbers.
  • Retain a complete copy of the packet.
  • Use the current submission address for the appellant’s Army component.

Processing and Disposition

The responsible appeals office reviews the packet to determine whether it contains usable evidence. Administrative issues may be resolved by the appropriate corrections office, while substantive claims may require review by a special review board.

Processing time depends on the type, complexity, priority, and volume of cases. Pending promotion or other personnel action does not necessarily suspend that action or accelerate an appeal.

The appellant should receive written notice of the final decision. If an appeal is denied, the appellant may be able to submit a new appeal supported by additional evidence or seek relief from the Army Board for Correction of Military Records under the applicable procedures.

Practical Guidance

  • Act promptly while records and witnesses remain available.
  • Base the appeal on facts and documentary evidence rather than dissatisfaction alone.
  • Ask unit personnel staff or a legal-assistance office for help.
  • Follow the governing regulation precisely; incomplete packets may be returned without action.
  • Keep contact information current while the appeal is pending.
  • Request the available case summary or record of consideration after an adverse decision if it may help identify grounds for further review.

Important: The source page contains historical regulatory citations, statistics, office names, deadlines, and mailing addresses that may no longer be current. Verify all requirements against the current Army regulations and official Human Resources Command guidance before relying on them.

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