Relief for Cause NCOER
December 9, 2024This Article is meant to explain a relief for cause NCOER in the Army. NCOERs in the Army are governed by Army Regulation 623-3, available at this link.
An Army NCO can receive a relief for cause NCOER for any conduct during a rated time period; however, a waiver is required to render one covering a period of less than 30 days (GO is the waiver authority). An RFC NCOER should be issued when an NCO's personal or professional characteristics, conduct, behavior, or performance of duty warrants removal in the best interest of the U.S. Army. If an NCO is pending such an NCOER, he/she will be flagged in accordance with AR 600-8-2.
There are very little rules when a relief for cause NCOER can be issued. For example, relief can be directed based on a CID investigation or formal 15-6 investigation without the NCO in question ever being given the chance to respond to the allegations made against him/her. However, a RFC NCOER cannot be issued based on an informal 15-6 investigation without the investigation in question being referred to the NCO in question and allowing him/her to submit a rebuttal. Often times a relief for cause NCOER is issued in conjunction with a letter of concern, GOMOR, and/or Article 15; therefore, an NCO's response to those actions can prevent a RFC NCOER.
The relief for cause NCOER must specifically state who directed the relief of the NCO in question, and the reasons for the relief.
A relief for cause NCOER has significant consequences. To begin, it is unlikely that any Soldier who receives one will ever be promoted to a higher rank. Additionally, such an NCOER can result in separation, either initiated by the local chain of command, or through the Army QMP process. Put succinctly, any NCO informed of a RFC NCOER should understand that his/her career is in jeopardy.
A good rebuttal can prevent a RFC NCOER. Furthermore, if an NCO is not given the opportunity to submit a rebuttal, or if the rebuttal does not work, a request for a Commander's Inquiry or NCOER appeal can result in the removal of the NCOER in question. Trial Defense Services (TDS) and Legal Assistance are available to assist; however, they are often inexperienced and overworked. NCOs who have received a relief for cause NCOER can hire a Civilian lawyer, allowing him/her to chose a lawyer with a proven track record of success and high ratings by former clients.
This article was written by Attorney Matthew Barry, an experienced Military Defense Attorney who is highly rated by his former clients.
Attorney Barry has offices on the East Coast, West Coast, and the Central United States. He will travel to any installation, worldwide, to represent a Servicemember accused of misconduct. He represents Servicemembers in the Army, Navy, Marine Corps, Air Force, and Coast Guard.