DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2007-049
xxxxxxxxxxxxxxxxxxxxxx
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FINAL DECISION
This proceeding was conducted according to the provisions of section 1552 of title 10 and
section 425 of title 14 of the United States Code. The Chair docketed the case on December 19,
2006, upon receipt of the application and military records and assigned it to staff member
J. Andrews to prepare the decision for the Board as required by 33 C.F.R. § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated August 30, 2007, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a lieutenant in the Reserve, asked the Board to correct his record by
including an Administrative Remarks form CG-3307 stating that he is entitled to wear the Coast
Guard’s boat force insignia. The applicant alleged that he meets all the requirements to wear the
pin under COMDTINST M16114.32A but that when he requested authorization to wear the
insignia, his request was denied although his command thought he was eligible and supported his
request.
The applicant submitted copies of two requests for the insignia, which were apparently
denied. The first request, dated February 12, 2005, shows that his commanding officer denied
his request because he thought that Chapter 7.B.4. of COMDTINST M16114.32A required five
years of active duty, which the applicant does not have. The applicant argued that the regulation
only requires five years of “qualifying service as an active member of the unit’s Ready for
Operations program or a Readiness and Standardization Team” and not five years of active duty.
He submitted copies of several emails showing that, in October 2005, the Office of Boat Forces
at Coast Guard Headquarters advised his command that the five years could be reserve or active
duty time. The applicant’s second request for the insignia, dated October 24, 2005, does not bear
his commanding officer’s signature. However, emails submitted by the applicant indicate that it
may have been denied because his command was unconvinced that his assignments met the pre-
2002 criteria for qualifying under Chapter 7.B.4. of COMDTINST M16114.32A.
In support of his allegations, the applicant also submitted copies of his officer evaluation
reports, which show that
from June 27, 1997, through September 30, 1998, the applicant was assigned to Group Cor-
•
pus Christi and served as the “Group Operations Duty Officer” as well as a “Tactical Intelligence
Watch Officer”;
•
tion Corpus Christi and served as the “Group/Station Operations Duty Officer”; and
•
Corpus Christi and served as the “Station Operations Duty Officer.”
from August 1, 2000, through July 31, 2001, the applicant was assigned to Group/Air Station
from October 1, 1998, through July 31, 2000, the applicant was assigned to Group/Air Sta-
In addition, the applicant submitted a letter dated May 26, 1994, which shows that he had
completed all tasks necessary to qualify as a Communications Watchstander and a Boat
Crewmember and had received both certifications.
APPLICABLE REGULATIONS
1.
Chapter 7 of COMDTINST M16114.32A bears the title “Boat Force Operations Insignia
Criteria.” It states that the insignia identifies personnel working in boat force operations and
uses two color schemes to show levels of professional development. The basic insignia is pewter
toned. Members with a higher level of qualification and experience may receive a pewter-toned
insignia with gold-toned compass in the design (hereinafter referred to as the “gold-toned
insignia”).
following:
Chapter 7.A. states that to wear the basic, pewter-toned insignia, an officer must have the
Five years of cumulative service with a satisfactory conduct record at one or more
“boat force field units,” which are defined to include Aides to Navigation Teams, Centers of
Excellence (NMLBS, BFC, SMTC), Security Response Teams, Standardization Teams, Stations,
and Strike Teams, as well as bases, sections, sectors/groups, and marine safety offices if the
member is assigned to a billet with direct and regular involvement in boat operations.
A certification letter showing that the officer has qualified as a boat crewmember
by completing the appropriate tasks listed in Parts 2 though 6 of the Boat Operations and
Training (BOAT) Manual, Volume II, COMDTINST M16114.33 (series).
Chapter 7.A.4. states that members who are currently serving at a boat force field unit
and who have been serving at the unit for at least six months may wear the pewter-toned insignia
temporarily if they have completed the appropriate tasks in the BOAT Manual and have com-
mand approval.
The favorable recommendation of an Operational Commander.
2.
3.
1.
2.
3.
Chapters 7.B.1., 2., and 3. provide that to wear the gold-toned insignia, an officer must
(a) meet the criteria for the basic, pewter insignia; (b) receive certification letters showing that
the officer has qualified as a boarding team officer by completing the personal qualification
standards (PQS) in COMDTINST M16247.3, and that he has qualified for boat force operations
by completing the Boat Force Operations PQS in the BOAT Manual; and (c) has received a
favorable recommendation from the Operational Commander.
Chapter 7.B.4. states that a member “who met all of the following criteria prior to 1 Sep-
tember 2002,” as determined by the member’s commanding officer, can also wear the gold-toned
insignia:
Five years of cumulative service with a satisfactory conduct record at one or more
“boat force field units,” which are defined to include Aides to Navigation Teams, Centers of
Excellence (NMLBS, BFC, SMTC), Security Response Teams, Standardization Teams, Stations,
and Strike Teams, as well as bases, sections, sectors/groups, and marine safety offices if the
member is assigned to a billet with direct and regular involvement in boat operations.
For three of the five years of qualifying service, the member must be assigned to
serve as a Qualified Sector/Group Operations Center Watchstander, an Operations Officer or
Assistant Operations Officer, an Engineering Petty Officer, Engineering Officer, Executive Petty
Officer, Executive Officer, Officer in Charge, or Commanding Officer of the boat force field
unit.
For two of the five years of qualifying service, the member must be “an active
member of a unit’s Ready for Operations Program or a Readiness and Standardization Team
member. This includes legacy units such as District/Sector/Group staff or COEs in which mem-
bers performed duties directly related to the Ready for Operations Program or the Readiness and
Standardization Program.”
Chapters 7.A.5. and 7.B.5. state that commanding officers must review the member’s
record to ensure that all the criteria have been met before authorizing the member to wear the
insignias.
The glossary of COMDTINST M16114.32A defines a Ready for Operations (RFO) Team
as a team of at least three “members designated by the Operational Commander … [to] conduct
annual assessment visits to ensure the goals of the Readiness and Standardization Program are
achieved.” It defines a Standardization (STAN) Team as a “three- to five-member deployable
evaluation team … [that] conducts biennial assessment visits to ensure the goals of the Readiness
and Standardization Assessment (outlined in this Manual) are achieved.”
ALCOAST 490/05, issued on October 4, 2005, states that Enhanced Maritime Safety and
Security Teams (EMSST) and Maritime Safety and Security Teams (MSST) “meet the service
eligibility requirements for the Boat Force Operations Insignia” in COMDTINST M16114.32A.
Chapter 6-4-1 of Coast Guard Regulations states that the Operations Officer is “the head
of the Operations Department. In addition to those duties prescribed elsewhere in these regula-
VIEWS OF THE COAST GUARD
On June 1, 2007, the Judge Advocate General of the Coast Guard submitted an advisory
opinion in which he recommended that the Board grant partial relief in this case by correcting the
applicant’s record to show that he had authorization to wear the pewter-toned insignia, but not
the gold-toned insignia. He adopted the findings and analysis of the case provided in a
memorandum by the Coast Guard Personnel Command (CGPC).
CGPC noted that in submitting his request for a Boat Force Operations Insignia, the
applicant did not specify whether he was asking for authorization to wear the basic insignia or
the gold-toned insignia. CGPC stated that it appears that the applicant’s commanding officer
initially denied the request for a pewter-toned insignia only because he erroneously believed that
the criteria included five years of active duty and that Reserve service was not qualifying service.
Because this belief was erroneous, CGPC argued, the applicant’s record should be corrected to
show that he is entitled to wear the pewter-toned insignia.
CGPC alleged that the applicant should not be awarded the gold-toned insignia because
his “record does not support that he has met either the [current] basic qualifications for the [gold-
toned] insignia or the alternate ‘grandfathered’ provisions for eligibility prior to September 1,
2002.” In support of these allegations, CGPC submitted a Career Summary for the applicant
from its database, which shows that the applicant has been assigned to operational units on South
Padre Island and Group Corpus Christi for much of his career and that he attended Boarding
Team Member School in 1995 and qualified as a “Boarding Officer (Marine Safety)” in 2005.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On June 4, 2007, the Chair sent the applicant a copy of the Coast Guard’s advisory opin-
ion and invited him to respond within 30 days. On June 16, 2007, the applicant responded to the
advisory opinion.
The applicant stated that his OERs from June 1997 through July 2001 show that he met
the requirements for a gold-toned insignia because he served as an Operations Officer for more
than three years. He alleged that in serving as an Operations Officer he was “an active member
of the respective units’ Ready for Operations program.”
tions for the head of a department, the Operations Officer shall be responsible for the collection,
evaluation, and dissemination of operational and combat information required for the assigned
missions and tasks … .”
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the applicant's
military record and submissions, the Coast Guard's submissions, and applicable law:
1.
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.
The application was timely because the applicant twice applied for and was denied authorization
to wear the Boat Force Operations Insignia in 2005.
The Coast Guard stated that the applicant should be authorized to wear the
pewter-toned Boat Force Operations Insignia because in 2005 his commanding officer reviewed
his record and denied his request only because the applicant did not have five years of active
duty, which the commanding officer mistakenly believed to be a criterion under the regulation.
The Coast Guard stated that five years of Reserve service at boat force field units meets the
criterion for a pewter-toned insignia under Chapter 7.A.1. The preponderance of the evidence
indicates that the applicant qualified as a boat crewmember and communications watchstander in
1994 and that his commanding officer denied his request for a pewter-toned insignia only
because he thought that the applicant had to have five years of active duty, rather than Reserve
duty, at a boat force field unit to be eligible. As the regulation does not appear to require five
years of active duty at such a unit and both CGPC and the Headquarters Office of Boat Forces
have concluded that the commanding officer’s interpretation of the regulation was wrong, the
Board finds that the applicant should be authorized to wear the pewter-toned Boat Force
Operations Insignia.
2.
3.
5.
The applicant alleged that he has met the criteria in effect prior to September 1,
2002, for wearing the gold-toned insignia. Under Chapter 7.B.4. of COMDTINST M16114.32A,
prior to September 1, 2002, an officer must not only have five years of cumulative service at a
boat force field unit and be recommended by his commander, but he must have spent at least
three of the five years assigned as a Qualified Sector or Group Operations Center Watchstander,
an Operations Officer or Assistant Operations Officer, an Engineering Petty Officer, Engineering
Officer, Executive Petty Officer, Executive Officer, Officer in Charge, or Commanding Officer;
and at least two of the five years as “an active member of a unit’s Ready for Operations Program
or a Readiness and Standardization Team member.” The applicant did not specify how his
assignments met both of these very specific criteria, and it is not clear to the Board that his
service as an Operations Duty Officer for the Air Station and the Group met the criteria. CGPC
has stated that the applicant has not met the criteria for the gold-toned insignia, and his
commanding officer apparently did not approve the applicant’s request for the insignia in
October 2005 even after the command learned through emails from the Office of Boat Forces
that Reserve service at a boat force field unit was qualifying service for the insignia.
The Board also is not persuaded that the applicant has met the current criteria for
authorization to wear the gold-toned insignia, as provided in Chapter 7.B.2. of COMDTINST
M16114.32A. Although his records show that he attended Boarding Team Member School in
1995 and qualified as a “Boarding Officer (Marine Safety)” in 2005, his record contains no
certification letter showing that he has qualified by completing the Boat Force Operations PQS in
the BOAT Manual nor any indication of his operational commander’s recommendation.
4.
Accordingly, the Board finds that the applicant has proved by a preponderance of
the evidence that he should be authorized to wear the pewter-toned Boat Force Operations
Insignia, but he has not proved by a preponderance of the evidence that he should be authorized
to wear the gold-toned Boat Force Operations Insignia.
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his military
record is granted in part as follows:
Francis H. Esposito
The Coast Guard shall correct his record by adding a CG-3307 to show that he is
authorized to wear the pewter-toned Boat Force Operations Insignia in accordance with Chapter
7.A. of COMDTINST M16114.32A.
Darren S. Wall
Nancy L. Friedman
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