Any mention of unproven derogatory information in an evaluation report can become an appealable matter if the derogatory information is shown to be unfounded.
a.
No reference will be made to an incomplete investigation (formal or informal) concerning a Soldier.
b.
References will be made only to actions or investigations that have been processed to completion, adjudicated, and had final action taken before submitting an evaluation report to HQDA.
For example, rating officials are not prohibited from commenting on a court-martial (judicial) if completed, but the comments should focus on the behavior that led to the court-martial rather than the court-martial itself.
If the rated Soldier is acquitted at a court-martial, or found not guilty at a nonjudicial punishment proceeding under UCMJ, Art. 15, comments about the underlying incident will not be included in the evaluation, subject to the following exception:
rating officials will ensure that evaluations document any substantiated findings in a finalized Army or DoD investigation or inquiry that a rated Soldier committed an act of sexual harassment or sexual assault, failed to report a sexual harassment or sexual assault, failed to respond to a report of sexual harassment or sexual assault, or retaliated against a person making such a report.
c.
This restriction is intended to prevent unverified derogatory information from being included in evaluation reports.
It will also prevent unjustly prejudicial information from being permanently included in a Soldier’s AMHRR, such as:
(1)
Charges that are later dropped.
(2)
Charges or incidents of which the rated Soldier may later be cleared.
d.
Any verified derogatory information may be entered on an evaluation report.
This is true whether the rated Soldier is under investigation, flagged, or awaiting trial.
While the fact that a rated Soldier is under investigation or on trial may not be mentioned in an evaluation until the investigation or trial is completed, this does not preclude the rating chain’s reference to verified derogatory information.
For example, when an interim evaluation report with verified information is made available to a commander, the verified information may be included in evaluation reports.
For all evaluation reports, if previously reported information later proves to be incorrect or erroneous, the Soldier will be notified and advised of the right to appeal the evaluation report in accordance with chapter 4.
A rater should consult with their servicing SJA’s office under these circumstances to ensure that such information is properly verified.
e.
Evaluation reports will not be delayed to await the outcome of a trial or investigation unless the rated Soldier has been removed from their position and is in a suspended status (see paras 3–55 and 3–56).
Upon completion of the trial or investigation, processing of evaluation reports will resume.
Evaluation reports will be completed when due and will contain what information is verified at the time of the “Thru” date of the evaluation report.
f.
For OERs and NCOERs, when previously unverified derogatory information is later verified, an addendum will be prepared and forwarded to HQDA in accordance with paragraphs 3–37 and 3–39.
Rating officials will initiate such an addendum to the OER or NCOER verifying misdeeds or professional or character deficiencies unknown or unverified when the OER or NCOER was submitted.
The addendum will ensure that the verified information will be recorded in the Soldier’s official records; however, it will not be submitted until the completion of the investigation, imposition of punishment, or verification of the information (see DA Pam 623–3 for instructions on how to prepare an addendum memorandum).