I am due to ETS from the U.S Army, I've spoken with my IG office. There has been an evaluation which was errounsouly written by a Senior NCO in my unit. I was fortunate enough to catch it.
"I was afforded the opportunit to see the Counseling Packet of my Rater", the packet contained copies of my Councelings, which I only gave to the Senior NCO and not my Rater Which are easily identifed two ways
1. I have my original Ink Copies, No two Signature are the same unless copies
2. My rater' Counceling have assements written in the assesment block.
3. The IG office has both my copies and Rater's Copies
I have a strong suspision that my Rater and the NCO wrote the Evaluation together. When my rater was in the condition to be my rater.
General Practice Lawyer
I am not sure what your question is. You have taken your issue to the IG?
I guess I am confused is the evaluation accurate? If it is I can't see what the issue might be....if its not you don't have to concur...
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
you have the ability to appeal, cheak out https://www.hrc.army.mil/TAGD/Evaluation%20Appeals%20and%20Corrections
IG is not the way to go.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Military Law Attorney
You have the absolute right to appeal the evaluation. If you are successful, the evaluation will be pulled from your personnel record permanently. If you have any questions about the process, feel free to call me. The initial consultation is always free.
Military Law Attorney
I'm unclear what you mean by "erroneously written." If you believe your evaluation was not submitted in a procedurally correct manner, IAW with the applicable reg, and/or you disagree with the ratings/comments in it, you certainly have the right to appeal it, which includes the right to appeal to Army admin boards if necessary: http://arba.army.pentagon.mil/index.cfm. In that event, an attorney could certainly help you with an evaluation appeal.
If you already have an open case with the IG, I'm not aware of any regulation that states your case with them ends if you ETS. You just need to make sure that you coordinate with them beforehand, so they know how to reach you when you're out of the Army. You should specifically ask them if your ETS poses any problem.