a.
A Commander’s or Commandant’s Inquiry will not be used to document differences of opinion among members of the rating chain about a rated Soldier’s performance and potential.
The evaluation system establishes rating chains and normally relies on the opinions of the rating officials.
Rating officials will evaluate a rated Soldier and their opinions constitute the organization’s view of that Soldier.
However, the commander may determine through inquiry that the report has serious irregularities or errors.
Examples include:
(1)
Improperly designated, unqualified, or disqualified rating officials; that is, a rating official not in the published rating chain, a rating official without the minimum required time to render an evaluation report, or a rating official who, through an official investigation, has had a substantiated adverse finding against them that results in their relief or calls into question the rating official’s objectivity.
(2)
Inaccurate or untrue statements.
(3)
Lack of objectivity or fairness by rating officials.
b.
The inquiry will be made by a commander in the chain of command or military school commandant above the designated rating officials involved in the allegations.
In headquarters and other military organizations lacking a commander or commandant, the inquiry will be conducted by the next higher official in the rating chain above the designated rating officials involved in the allegations.
c.
To ensure the availability of pertinent data and timely completion of an inquiry conducted after the evaluation in question has been accepted at HQDA for inclusion in the rated Soldier’s AMHRR, the inquiry will be conducted by either the commander or commandant at the time the evaluation was rendered who is still in the command position, or by a subsequent commander or commandant in the position.
Requests for inquiry will occur no later than 60 days after the signature date of the rated Soldier (or senior rater, if rated Soldier’s signature is omitted) for OERs and NCOERs, or reviewing official for DA Form 1059 and DA Form 1059–2.
The results of the inquiry will be forwarded to HQDA not later than 120 days after the signature date of the senior rater (OER and NCOER) or reviewing official (DA Form 1059 and DA Form 1059–2).
d.
The official conducting the inquiry will not pressure or force rating officials to change their evaluations.
e.
The official conducting the inquiry may not evaluate the rated Soldier, either as a substitute for, or in addition to, the designated rating officials’ evaluations.
f.
The rating chain or official conducting the inquiry will not use the Commander’s or Commandant’s Inquiry provisions to forward information derogatory to the rated Soldier.
For OERs, NCOERs, DA Form 1059, and DA Form 1059–2 only, if the inquiry reveals matters that might have resulted in a lower evaluation of a rated Soldier, the information will be addressed in the memorandum outlining the results of the inquiry by the commander or commandant responsible for the inquiry in accordance with paragraph 3–39.
No changes will be made to an evaluation report to reflect a lower evaluation of a rated Soldier following the results of a Commander’s or Commandant’s Inquiry.
g.
If, upon completion of the inquiry, the official conducting the inquiry determines the report has serious irregularities or errors or any violation of policy, the official will ensure that all members of the original rating chain are allowed to correct or edit the evaluation as necessary.
This will occur with regards to paragraphs 1–10a, 1–11, and 4–5d.
The commander’s or commandant’s memorandum to HRC will state that all members of the rating chain have been allowed to add or change comments in accordance with the findings and recommendations, and it will list those who did not choose to edit the evaluation.
h.
If the evaluation was previously referred, and after editing the evaluation, it is still referred, the rating chain will refer the final evaluation to the rated Soldier for acknowledgment and the opportunity to submit comments before sending it (and any signed comments) to HQDA.
i.
The results of the inquiry forwarded to HQDA will include the specific findings, conclusions, and recommendations in a memorandum that will be filed with the evaluation report in the rated Soldier’s AMHRR for clarification purposes (see fig 4–1).
The results will include the commander’s or commandant’s signature, will stand alone without reference to other documentation, and will be limited to one page.
Sufficient evidence and documentation, such as completed AR 15–6 investigations, reports, and statements, will be attached to justify the conclusions.
j.
If the commander finds no fault with the evaluation, then the Commander’s or Commandant’s Inquiry is filed locally and a copy given to the rated Soldier.
There is no requirement to send the Commander’s or Commandant’s Inquiry forward to HQDA.
Referenced Paragraphs
1–10. Changes to an evaluation report
a.
Members of the rating chain, the BN/BDE S1 and/or servicing administrative office, or HQDA will point out obvious inconsistencies or administrative errors to the appropriate rating officials.
Except to comply with this regulation and DA Pam 623–3, no person may require changes be made to an evaluation report.
1–11. Commander’s or Commandant’s Inquiry
During the evaluation process or after it has been completed, when a commander or commandant discovers that an evaluation report rendered by a subordinate or a subordinate command may be illegal, unjust, or otherwise in violation of this regulation, her or she will conduct an inquiry into the matter.
The definition of a rendered evaluation report is one that is authenticated by all designated rating officials with a senior rater’s intent to present the final evaluation report to the rated Soldier for authentication, or apply the appropriate statement in the absence or inability for the rater Soldier to authenticate.
The Commander’s or Commandant’s Inquiry will be confined to matters related to the clarity of the evaluation report, the facts contained in the evaluation report, the compliance of the evaluation with policy and procedures established by HQDA, and the conduct of the rated Soldier and members of the rating chain.
The official does not have the authority to direct that an evaluation report be changed; command influence may not be used to alter the accurate evaluation of a rated Soldier by a rating official that was made in good faith.
The procedures used by the commander or commandant to process such an inquiry are described in chapter 4.
3–39. Newly received derogatory information for DA Form 67–10 series, DA Form 2166–9 series and DA Form 1059 series
Newly received derogatory information may be used in accordance with the policies and procedures established in this regulation when such information becomes available after an evaluation report has been rendered.
