I have never had any misconducts but have been having misunderstandings with my chain of command. One of my raters told em that if I do not get out of the Army my evaluations are not going to be good and because of that I would end up in not getting promotion and separated. How does he know that my future evaluations are not going to be good? What about if I perform good? Is there any way that I could change of Battalion or unit? I have been in this unit only for a few months, so I do not think is too soon to talk about evaluations but now I am frustrated. I am not even sure if its because of my ethnicity. What can I do?
This is not a legal question, as you have no legal right to be assigned to a particular unit. You can speak to your command about your concerns, or go to the IG. If you feel you are being discriminated against because of your race you can file an EO complaint.
You should try first talking with the 1SG, then use the open door policy to the SGM.
Depending on what the bias or prejudice it, you may want to consider a EO complaint, or even an IG complaint.
But you should use your chain of command first.
Dennis P. ChapmanMilitary Law AttorneyAlexandria, VA ·
It is hard to tell from the facts you provide, but candidly, your rater may just be giving you good honest advice. An experienced officer or NCO can assess the performance and potential of his or her subordinates and make reasonable predictions about the future success of that Soldier. If your rater has concluded that you lack the ability to be an effective NCO, he or she may be doing you a favor by giving you a candid assessment of where your career is likely to go. While I know that receiving such advice can be painful, your chain of command owes you forthright, candid advice. That said, they also have a duty to make reasonable efforts to train and develop you and help you become successful. To that end, I agree with the other commenters: Give your chain of command an opportunity to help you. If you feel that your rater is being unfair, take it up the chain. You can work either through your NCO support channel (Platoon Sergeant, First Sergeant, CSM), or through the actual chain of command up to your company commander. If, after taking these steps, you truly believe that your chain of command is subjecting you to an injustice, you can file an Article 138 complaint with superior officer above them in the chain of command. If you feel they are violating an "established standard" you can complain to the IG; and if you feel that you are being singled out due to a protected classification such as race or ethnicity, then you can file an EO complaint. Your first step, however, should be working with your chain of command to see what you can do to improve.
Good luck!
