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CG | BCMR | OER and or Failure of Selection | 2004-119
Original file (2004-119.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2004-119 
 
 
   

 

 
 

FINAL DECISION 

 
AUTHOR:  Ulmer, D. 
 
 
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  application  was 
docketed  on May  18, 2004,  upon  receipt  of the  applicant’s  completed  application  and 
military records. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  February  10,  2005,  is  signed  by  the  three  duly 

APPLICANT’S REQUEST 

 

The applicant, a member of the Coast Guard Reserve, asked for "promotion with 
[his]  peers  [who  were  selected  by  the  2003  CWO41  selection  board]  based  on  [his] 
documented  performance."        The  applicant  was  not  selected  for  CWO4  by  the  2003 
inactive  duty  (Reserve)  selection  board  that  met  on  November  3,  2003.  2  The  Board 
interprets  the  applicant's  request  as  one  for  the  removal  of  his  failure  of  selection  for 
promotion to CWO3 and if he is selected for promotion to CWO4 by the first selection 
board to consider him based on a corrected record that his date of rank be adjusted to 
the date he would have received if he had  been selected by the 2003 CWO4 selection 
board. 
 

                                                 
1   CWO4 is an abbreviation for Chief Warrant Officer -W4.   
2      The  calendar  year  2003  CWO4  selection  board  is  also  referred  to  as  the  PY  [promotion  year]  2004 
selection board. 

The applicant was selected for promotion by the 2004 CWO4 selection board that 

 
met on October 25, 2004. 
 
 
 
 

 

APPLICANT’S ALLEGATIONS 

The  applicant  alleged  that  he  was  not  selected  for  promotion  by  the  CWO4 
selection board because he did not have an officer evaluation report (OER) for the most 
recent year of the reporting period, which ended on June 30, 2003.  He stated that the 
Personnel  Manual  required  biennial  OERS  for  CWO3s  to  be  submitted  in  even 
numbered years.  He stated that a 2002 OER had been submitted. Therefore, according 
to the applicant, he sought guidance from his rating chain on whether he should have a 
current (2003) OER prepared and submitted.  The applicant stated that the rating chain 
informed him, after conferring with the Coast Guard Personnel Command, that he did 
not need a 2003 OER.   

 
The applicant's commander submitted a statement on the applicant's behalf.  He 
verified  that  the  applicant's  supervisor  obtained  and  relied  on  erroneous  information 
provided by CGPC to another rating chain facing a similar situation.  The supervisor for 
the other rating chain stated in BCMR No 2004-120 that he consulted CGPC on whether 
a special OER was required for a CWO3 and was told that GCPC agreed that no special 
OER was required.  

 
The commander stated that his staff made every effort to obtain correct guidance, 
including placing calls to CGPC. The commander stated that based on the supervisor's 
research  and  CGPC's  advice,  the  rating  chain  mistakenly  believed  a  special  OER  was 
not required.  He stated that the applicant and his peers deserve correct guidance and 
have the right to compete for promotion on a level playing field.   
 

VIEWS OF THE COAST GUARD 

 
On September 14, 2004, the Board received an advisory opinion from the Judge 
 
Advocate General (TJAG) of the Coast Guard, recommending relief.  TJAG adopted the 
memorandum on the case prepared by Commander, Coast Guard Personnel Command 
(CGPC)  as  the  advisory  opinion,  except  for  that  portion  of  the  memorandum 
recommending a special selection board.3  In the alternative, TJAG recommended that 
the Board remove the applicant's 2003 failure of selection for promotion to CWO4 from 
his  record  and  place  his  record  before  the  next  regularly  scheduled  CWO4  selection 

                                                 
3   TJAG stated that the Coast Guard does not have statutory authority to hold special selection boards. 

board and if that board selects him that his date of rank be adjusted retroactively to date 
he would have received if he had been selected by the 2003 selection board. 
 
CGPC  stated  that  the  applicant's  rating  chain  erred  in  relying  on  inadequate 
 
third party information as to whether an OER was required for the applicant.  He noted 
that CGPC personnel had provided this erroneous advice to a supervisor on whom the 
applicant's supervisor relied for guidance. 
 
 
CGPC  stated  that  the  situation  was  further  aggravated  by  the  Coast  Guard's 
failure  to  give  the  applicant  timely  notice  that  he  was  to  be  considered  by  the  2003 
CWO4  selection  board.    CGPC  stated  that  the  selection  board  procedures  require  the 
issuance  of  specific  candidate  announcements,  which  supplement  general  board 
directives.    Such  specific  messages  identify  candidates  by  name,  confirm  board-
convening  dates,  and  provide  additional  instructions  to  members  and  their  rating 
chains.  CGPC stated that while there is no legal or policy standard on when candidate 
notification announcements are promulgated, CGPC staffs apply a standard of 30 days 
prior to a board's convening date.   The announcement message pertaining to the CWO4 
selection  board  preceded  the  actual  convening  of  the  selection  board  by  only  10 
calendar days.  He stated, "Notification of Applicant's eligibility for promotion ten days 
before  the  board  [was  to  begin]  shortened  the  period  in  which  the  applicant's  record 
could be adequately reviewed and made complete prior to the selection board.  
 

CGPC concluded that the missing special OER likely played a significant role in 
the applicant's failure to be selected for promotion by the 2003 CWO4 promotion board.  
 

APPLICANT'S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On September 23, 2004, the Board received the applicant's reply to the views of 

 
 
the Coast Guard, stating that he did not object to the advisory opinion.    
 

FINDINGS AND CONCLUSIONS 

The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 

 
 
applicant's record and submissions, the Coast Guard's submission, and applicable law: 
 
 
United States Code.  The application was timely.  
 

1.    The  BCMR  has  jurisdiction  of  the  case  pursuant  to  section  1552  of  title  10, 

2.  The applicant's rating chain committed an error by not preparing an OER on 
the applicant's performance prior to the convening of the 2003 CWO4 selection board. 
Article 10.A.3.c.1.c of the Personnel Manual requires "the submittal of a Special OER in 
odd-numbered years for [inactive duty Reserve] officers who are on a biennial schedule 
and are in zone for promotion on the [inactive duty promotion list]."  

 
3.  The Coast Guard also committed an injustice by not publishing the message 
announcing the convening date for the selection board and identifying the applicant as 
a candidate in a timely manner. CGPC acknowledged that it normally publishes such 
announcements  approximately  30  days  prior  to  the  convening  of  the  selection  board, 
but in this case the message was published only 10 days prior to the convening of the 
selection  board.  The  late  message  announcing  the  selection  board  shortened  the  time 
normally allowed for a candidate to review and make whole their military records. 
  
 
4.  Having  found  that  the  applicant's  record  before  the  2003  CWO4  selection 
board  contained  an  error,  the  Board  agrees  with  TJAG  that  the  applicant’s  failure  of 
selection for promotion to CWO4 should be removed from his record.  In this regard, 
the Board finds, as CGPC admitted, that the applicant was prejudiced by not having the 
special  OER  in  his  record  when  the  CWO4  selection  board  considered  it.    The  Board 
further  finds  that  it  is  likely  that  he  would  have  been  selected  for  promotion  to  that 
grade if he had been evaluated based on a record that included a current OER.   
 

 
6.  Accordingly, the Board finds that the applicant is entitled to relief. 

5.  The Board also finds that the applicant, having been selected for promotion by 
the 2004 CWO4, selection board should receive the date of rank he would have had, if 
the  calendar  year  2003  CWO4  selection  board  had  selected  him,  with  back  pay  and 
allowances. 
 
 
 
 
 
 
 
 
 
 

[ORDER AND SIGNATURES ON NEXT PAGE] 

 
 

 

 
 

ORDER 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
  

 

 
 James G. Parks 

The  application  of  _________________  USCGR,  for  correction  of  his  military 

 
 
record is granted.   
  
 
The  applicant’s  failure  of  selection  for  promotion  to  CWO4  before  the  2003 
CWO4 Reserve selection board shall be removed from his record.  The applicant was 
selected for promotion to CWO4 by the October 25, 2004 selection board.  Therefore, his 
CWO4 date of rank, once promoted, shall be adjusted retroactively to the date he would 
have  had  if  he  had  been  selected  by  the  2003  selection  board,  with  back  pay  and 
allowances.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

_________________________ 
 Darren S. Wall 

 

 
 Dorothy J. Ulmer 

 

 
 

 

 
 

 

 
 

 

 
 

 

 
 

 

 
 

 
 

 

 

  

 

 

 

 



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