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How to Appeal an OER, NCOER, AER

Today we’re going to discuss how to appeal an evaluation report to include a relief for cause report.

Table of Contents show

Preliminary Steps Before Filing an Appeal

If you are considering an appeal, you should have already taken or considered taking the following actions:

  • Discussing the issue with your rating chain
  • Requesting a commander’s inquiry, if that’s appropriate
  • Following an Article 138 complaint, if that is appropriate
  • Following a claim of reprisal, if that’s appropriate—you would file that with the IG

Note: You can see that we have a video on how to file a commander’s inquiry and how to file an Article 138 complaint.

If any of these reports come back in your favor—the inquiry, the Article 138, claim of reprisal, or a 15-6—you can use all of that information in your appeal.

Types of Appeals

  • Administrative Issues
  • Issues Associated with Content
  • Both Administrative and Content Issues

Questions to Consider Before Filing an Appeal:

  • Did the rating chain use your support form to prepare the evaluation report?
  • What errors or omissions work in your favor?
  • Did they give you credit for everything you did well?

Reference Materials

  • AR 623-3 will help you understand what can be appealed.
  • DA PAM 623 will walk you through the specific process of developing your appeal.
  • Raider Quick Evaluation Software and The Evaluator (available from Mentormilitary.com) provide checklists, examples, samples, and step-by-step guidance on how to prepare your appeal.

Steps to Take Before Filing Your Appeal

  1. Control Your Emotions & Focus on the Facts
    • Don’t allow your emotions to cloud your judgment.
    • Find an honest broker—someone you trust who can assist you through the process.
    • Look for someone in your unit or external to your unit, such as a mentor or previous supervisor, who is articulate and well-versed in the regulations.
  2. Seek Assistance from:
    • The IG or JAG to assist you as well.

If you need help preparing or rebutting a relief for cause, preparing a commander’s inquiry, or appealing an evaluation report, contact me using my email address in the description below.

Administrative Review of the Evaluation Report

  • Does it contain any errors?
  • Is the ACFT information correct?
  • Are the duty title and duty description correct?
  • Are the rated/non-rated months correct?

Examples of Administrative Errors That Work in Your Favor

  • If a report records six months of rated time and three months of non-rated time, but the correct number should be three rated and six non-rated, this is something you want corrected.
  • If you can argue that three months was not enough time to make a reasonable assessment of your performance, this could strengthen your appeal.

Who Can Appeal?

  • The Rated Soldier
  • Third Parties (Limited to specific entities):
    • G-1 Human Resource Command
    • Office of the Surgeon General
    • JAG Office of the Chaplains
    • National Guard Bureau

Other individuals with knowledge can contact one of these points of contact listed above and they can appeal on your behalf.

What Can Be Appealed?

  • Unproven derogatory information
  • Incorrect non-rated time
  • New information that significantly impacts a previously submitted report
  • Proven personality conflicts when they resulted in an unjust report

Army Special Review Board & Promotion Consideration

  • If your appeal is approved, the Army Special Review Board will determine if promotion consideration is warranted due to the changes in the report.
  • If the report was significantly changed, you may be reconsidered for promotion.

Commanders’ Responsibilities

  • Ensure soldiers receive assistance in preparing and submitting appeals.
  • Provide soldiers with a copy of the rating scheme.
  • Include all relevant documents in the appeal package.

What Cannot Be Appealed?

  • Counseling Sessions – These alone are not grounds for an appeal, but they can be used in conjunction with other supporting documentation.
  • Failure to Process in Sequence – If a rater processed reports out of order, this is not grounds for an appeal.
  • Statements from Rating Officials claiming administrative oversight or typographical errors are not sufficient for an appeal.

Timelines for Filing an Appeal

  • Appeals must be processed within three years of the through date of the report.
  • The likelihood of a successful appeal diminishes over time.
  • Appeals filed after three years must be sent to the Army Board for Correction of Military Records.

Processing & Decision Outcomes

  • Processing times vary depending on:
    • Complexity of issues
    • Age of the report
    • Other relevant factors

Possible Appeal Outcomes

✔ Approved (Whole or in Part)
✔ Denied (Memo Filed with the Evaluation Report)
✔ Denied? You can submit new evidence for reconsideration or escalate to the Board of Corrections for Military Records.

Priorities for Appeals

For Officers:

  • Priority 1:
    • Passed over twice for promotion
    • Mandatory retirement within six months
    • Selected for release from service within six months
  • Priority 2:
    • Not selected for promotion at least once, but no mandatory release within six months
  • Priority 3:
    • All other appeals

For NCOs:

  • Priority 1:
    • Passed over twice for promotion in the primary zone
    • Mandatory retirement within six months
  • Priority 2:
    • Not selected for promotion at least once, but no mandatory release within six months
  • Priority 3:
    • All other appeals

Burden of Proof Lies with the Soldier

  • Soldiers must present clear and convincing evidence.
  • Gather and submit appropriate documentation, including:
    • Third-party statements
    • Statements from the rating chain (if applicable)

Steps in Processing an Appeal

  1. Decision to Appeal
    • Do you have the evidence to support your appeal?
    • Have a disinterested third party (IG or JAG) review the report.
  2. Prepare the Appeal
    • Develop rationale
    • Collect supporting evidence & documentation
    • Gather third-party & rating chain statements (if applicable)
    • Clearly identify what is being appealed & the action requested
  3. Submit the Appeal
    • Ensure all submission requirements are met
    • Identify the correct priority level for your appeal

Summary

  • Who Can Appeal
  • What Can & Cannot Be Appealed
  • Timelines & Processing Priorities
  • Burden of Proof
  • Steps for Developing & Submitting an Appeal

✅ Thank you for joining us. Until next time, stay safe and stay healthy!

George N.
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