If the senior rater does not counsel the rated Soldier but then selects the Soldier as 'Not Qualified,' can the rated Soldier submit an appeal?

• A. Yes, always allowed
• B. No, appeals are not allowed
• C. The absence of counseling will not be used as the sole basis for an appeal, but may be used to support other claims
• D. Yes, but only for HQDA boards

Answer: (C)

The test centers on how procedural steps in the evaluation process affect the right to appeal. Counseling is a required step before an evaluation is finalized, giving the rated Soldier a clear understanding of standards, ratings, and a chance to respond. If the senior rater does not counsel but still marks the Soldier as Not Qualified, there is a valid avenue to appeal because a procedural deficiency is present. However, that deficiency by itself isn’t enough to grant an appeal; it cannot be the sole basis. The absence of counseling can be used to support other claims in the appeal—such as questions about the fairness, accuracy, or proper application of standards in the rating—but the appeal should rest on additional grounds as well.