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CG | BCMR | Alcohol and Drug Cases | 2001-094
Original file (2001-094.pdf) Auto-classification: Denied
DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 
 
BCMR Docket  
No.  2001-094 

 
 
Application for Correction of  
Coast Guard Record of: 
 
 
 
xxxxxxxxxxxxxxx 
5xxxxxxxxxxxxxxxx 
 
    

  FINAL DECISION 

 
ULMER, Chair: 
 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 
425  of  title  14  of  the  United  States  Code.    It  was  docketed  on  June  5,  2001,  upon  the 
BCMR’s  receipt  of  the  applicant’s  complete  application  for  correction  of  his  military 
record. 
 
 
members who were designated to serve as the Board in this case. 
 
 
The applicant, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, asked the 
Board  to  correct  his  record  by  modifying  his  officer  evaluation  report  (OER)  for  the 
period from February 1, 2000 to May 21, 2000 (disputed OER).  
 

This final decision, dated April 11, 2002, is signed by the three duly appointed 

EXCERPTS FROM RECORD AND SUBMISSIONS  

 

 
The applicant requested that the disputed OER be modified by raising the mark 
from 3 to 5 in block 8.e., the Health and Well-being category of the OER.  This category 
measures  an  officer’s  “ability  to  invest  in  the  Coast  Guard’s  future  by  caring  for  the 
physical  health  and  emotional  well-being  of  self  and  others.”    There  is  no  expressed 
predetermined standard for a mark of 3 on the OER form.  Therefore, the standard for 3 
would be a combination of the predetermined standards for 2 and 4. The standard for 2 
states,  in  part,  as  follows:    “Failed  to  meet  minimum  standards  of  .  . . sobriety.” The 
predetermined standard for a 4 states in pertinent part:  “Maintained weight standards. 
Committed to health and well-being of self and subordinates.”   
 
 
The applicant stated that there were no comments to support the mark of 3 in 
this category, but there were comments to support his request for raising the mark to a 
5.  He claimed that the following comment supported raising the 3 to 5:  “Maintained 
order  and  discipline  during  mid-patrol  break  confrontation  between  several  ship’s 
crewmembers & local residents . . . Held offending crewmember accountable by placing 
individual on report.” 

 
 
Although not mentioned by the applicant, the comments supporting the Personal 
and Professional Qualities section of the OER, of which health and well-being is a part, 
also contained the comments:  “Uniform appearance below standard during per[sonnel] 
inspection.    Set  bad  example  for  crew.    Prof[essional]  demeanor  lacking  in  several 
dif[ferent] situations . . . Failed to use alcohol responsibly & as a result reported 4 hours 
late for work on duty day. . . [First] alcohol incident.” 
 
Views of the Coast Guard  
 
 
On  October  29,  2001,  the  Board  received  an  advisory  opinion  from  the  Chief 
Counsel of the Coast Guard.  He recommended that the Board deny relief in this case 
for lack of proof and merit.  Attached to the advisory opinion was a memorandum from 
the  Commander,  Coast  Guard  Personnel  Command,  the  reasoning  of  which  was 
adopted by the Chief Counsel.   
 
 
CGPC  stated  that  Article  10.A.4.c.7  of  the  Personnel  Manual  states  that  “the 
reporting officer shall include comments citing specific aspects of performance behavior 
for  each  assigned  mark  that  deviates  from  a  4.    Comments  should  be  consistent  and 
compare  reasonably  with  standards  marked  on  the  performance  dimensions  in  the 
evaluation area.”  CGPC stated that based on the reporting officer’s comment that the 
applicant’s  failure  to  use  alcohol  responsibly  resulted  in  his  reporting  to  work  four 
hours  late  supported  the  3 in health and well-being since sobriety is included in that 
dimension.  He stated that the comments as written do not support a higher mark in 
this dimension.    
 
 
The  Chief  Counsel  stated  that  the  applicant  had  failed  to  overcome  the 
presumption  that  his  rating  officials  acted  correctly,  lawfully,  and  in  good  faith  in 
evaluating  the  applicant’s  performance  under  the  Coast  Guard’s  Officer  Evaluation 
System.    See  Arens  v.  United  States,  969  F.2d  1034,  1037  (1992).    Accordingly,  the 
applicant has failed to prove that the mark of 3 in health and well-being is in error or 
unjust.   
 
Applicant's Response to the Views of the Coast Guard 
 
 
with an invitation for him to respond.  He did not submit a response. 
 

On November 2, 2001, a copy of the advisory opinion was sent to the applicant 

FINDINGS AND CONCLUSIONS 

 
 
The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 
applicant's  submissions  and  military  record,  the  Coast  Guard's  submission,  and 
applicable law: 
 
 
United Stated Code, and the application was timely. 
 

1.    The  Board  has  jurisdiction  of  this  case  pursuant  to  section  1552  of  title  10, 

2.  The applicant has failed to prove by a preponderance of the evidence that the 
mark of 3 in the health and well-being category was in error or unjust.  He asserted that 
a  comment  about  his  handling  of  a  confrontation  between  crewmembers  and  local 
residents  during  a  patrol  break  supports  a  mark  of  5  in  this  category.    An  officer’s 
misuse of alcohol must be considered. 

 
3.  The Board cannot say that the 3 in health and well-being is inconsistent with 
the comments.  The OER states that the applicant was four hours late for work because 
of  his  misuse  of  alcohol.    Apparently,  the  reporting  officer  found  that  this  negative 
event  was  significant  enough  to  mention  in  the  applicant’s  OER  and  marked  him 
accordingly.   

 
4.    The  applicant  has  not  produced  any  evidence  showing  that  event  did  not 
occur.    The  Board  finds  that  the  comments  about  the  applicant’s  misuse  of  alcohol 
support the mark of 3 in health and well-being. 

 
5.  Accordingly, the applicant’s request for relief should be denied. 
 
 
 
 
 
 
 
 
 

[ORDER AND SIGNATURES ON NEXT PAGE] 

 

 

 
 
his military record is denied. 
 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
Terence W. Carlson 

 

 

 

 
 
Robert A. Monniere 

 

 

 
Mark A. Tomicich 

 

 

 

 

 

 

 

 

The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of 

ORDER 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



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