An NCO can be relieved for cause regardless of the rating period involved; however, a waiver is required to render “Relief for Cause” NCOERs covering a period of less than 30 days.
“Relief for cause” is defined as the removal of an NCO from a specific duty or assignment based on a decision by a member of the NCO’s chain of command or supervisory chain.
A relief for cause occurs when the NCO’s personal or professional characteristics, conduct, behavior, or performance of duty warrants removal in the best interest of the U.S. Army.
Additional considerations for the “Relief for Cause” NCOER are described in this paragraph.
AR 600–8–2 explains procedural requirements for a nontransferable flag for “Relief for Cause” report.
A code 05, “Relief for Cause” NCOER, is required when an NCO is relieved for cause.
a.
If the relief does not occur on the date the NCO is removed from the duty position or responsibilities, the suspended period of time between the removal and the relief will be nonrated time included in the period of the “Relief for Cause” NCOER.
The suspended NCO will not render NCOERs and AERs or receive NCOERs until their status (and, thus, their ability to serve as a rating official) is decided.
The published rating chain at the time of the relief will render the “Relief for Cause” NCOER; no other NCOER will be due on the rated NCO during this nonrated period.
b.
Cases where the rated NCO has been suspended from duties pending an investigation will be resolved by the chain of command as expeditiously as possible to reduce the amount of nonrated time involved.
Every effort will be made to retain the established rating chain, with the NCO performing alternate duties under that rating chain until the investigation is resolved.
If the rated NCO is suspended and subsequently relieved, the period of suspension is nonrated time.
If the rated NCO is suspended and subsequently placed back to duty (not relieved), the period of suspension is recorded as evaluated time on the next NCOER.
c.
If a “Relief for Cause” report is contemplated on the basis of an informal AR 15–6 investigation, the referral procedures contained in that regulation will be followed before the act of initiating or directing the relief.
This does not preclude a temporary suspension from assigned duties pending application of the procedural safeguards contained in AR 15–6.
A “Relief for Cause” report will be the final action after all investigations have been completed and a determination made.
d.
The “Relief for Cause” NCOER must specifically indicate who directed the relief of the rated NCO.
If the official directing relief is in the rating chain, that official will clearly explain the reason for the relief in their portion of the NCOER.
If the relief is directed by someone outside the rating chain, the evaluation report will indicate who directed the relief in either the rater or senior rater narrative portion.
See DA Pam 623–3 for instructions and procedural guidance that apply to completing a “Relief for Cause” report.
e.
If the relief is directed by an official other than the rater or senior rater, the official directing the relief will describe the reasons for the relief in an enclosure to the NCOER (see fig 3–2).
See paras 2–15 to 2–18 for supplementary review requirements.
f.
The minimum rater and senior rater qualifications and the minimum rating period are 30 rated days.
The fundamental purpose of this restriction is to allow the rated NCO a sufficient period of time to react to performance counseling during each rating period.
Authority to waive this 30-day minimum rating period and rater and senior rater qualification period in cases of misconduct is granted to the first general officer in the chain of command or an officer having general court-martial jurisdiction over the relieved NCO.
The waiver approval will be in memorandum format and attached as an enclosure to the NCOER (see para 3–36 and fig 3–3).
g.
For USAR and ARNG NCOs, authority to waive the 60-day minimum rating period and rater and senior rater qualification periods in cases of misconduct is granted to a general officer in the chain of command or an officer having general court-martial jurisdiction over the relieved NCO.
Referenced Paragraphs
2–15. Review of evaluation reports
Covers responsibilities and requirements for the review of evaluation reports to ensure accuracy, compliance with policy, and fairness in the evaluation process.
2–16. Review requirements for DA Form 67–10 series, DA Form 2166–9 series, and DA Form 1059 series
Provides review procedures and requirements for OERs, NCOERs, and AERs, including responsibilities of senior raters and supplementary reviewers.
2–17. Mandatory review of officer and noncommissioned officer relief, and academic failure evaluation reports
Prescribes mandatory review requirements for relief for cause and academic failure evaluation reports.
2–18. Review of DA Form 2166–9 series
Provides review procedures specific to DA Form 2166–9 series NCOERs.
3–36. Authorized enclosures
Explains authorized enclosures that may accompany evaluation reports, including waiver memorandums and supporting documentation.