DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2007-196
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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 application on August
24, 2007, upon receipt of a completed application, and subsequently prepared the final 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 May 29, 2008, is approved and signed by the three duly
APPLICANT’S REQUEST
The applicant asked the Board to correct her military record by removing the officer
evaluation report (OER) for the period June 1, 2003 to February 19, 2004 (disputed OER).
Disputed OER
The disputed OER is marked as a detachment of officer OER and covers the period when
the applicant was the administration department head for Coast Guard Group Galveston. The
OER is divided into three parts: the supervisor’s portion, the reporting officer’s portion, and the
reviewer’s portion.1
Supervisor’s portion
The supervisor’s portion of the OER evaluates the applicant’s performance in three areas:
performance of duties, communication skills, and leadership skills. 2 Each area has several
1 Many abbreviations have been spelled out in quoting from this OER and the final decision will not contain
markings indicating when an abbreviation has been written in full.
2 OER marks range from a low of 1 to a high of 7. A 4 is considered to be an average mark as it represents the
expected standard of performance. Article 10.A.4.c.4.g. of the Personnel Manual.
Demonstrated strong planning skills:
coordinated the first annual XPO
conference, solicited inputs for & published agenda, arranged for knowledgeable
speakers available to address topics, made arrangements for Area(o) visit,
attended to many last minute details that resulted in A(o) meeting all
transportation time lines; ensures a dept representative attends various mtgs so the
dept input is considered & info passed. Identified various resources needed to
accomplish tasks; ensured mail service to LEDET’s continued; used contacts at
local hospital to assist AUX member w/health care consultation. Results achieved
had positive impact: oversight of base gym led to improved facility & increased
usage; coordinated with department members contributed to passing MLC
compliance inspection; tenaciously ensured travel claims issued for surge ops
reconciled so books balanced. Able to adapt to changes in tasking & priorities so
that discharge packages properly prepared & expedited, mutual assistance
requests processed in a timely manner & members received needed funds.
Struggled to adapt to new role as department head; actions conveyed attitude that
the move from OPS dept was a demotion vice opportunity to grow professionally
& learn skills needed to be assigned & successful as command cadre. Did not
demonstrate the competence level desired in Group Duty Officer during STAN
Team visit; qualifications were revoked, eventually, through hard work, member
requalified. Attended mentor training & drafted unit program.
In the communications section of the OER, the supervisor gave the applicant marks of 4
in the “speaking and listening” and “writing” categories. The supervisor wrote the following:
categories in which the applicant is evaluated.3 In the performance of duties section, the
applicant received marks of 5 in “planning and responsiveness” and “using resources,” marks of
4 in “results/effectiveness” and “professional competence,” and a mark of 3 in “adaptability.”
The supervisors wrote the following comments:
Spoke well in settings where member had opportunity to be prepared, such as
OCS interview panels, staff meetings & routine briefs on on-going personnel
issues: but sometimes provided unclear information when briefing GRUCOM as
duty OPS, causing confusion between unit OIC & GRUCOM. Sometimes
displayed inappropriate non-verbals when receiving feedback. Written material
improved after counseling to ensure subordinates were spell-checking, adhering to
formatting & checking references. Submitted well written articles for Aux
publication.
3 Article 10.A.2.b.4.b. of the Personnel Manual states that for each evaluation area, the supervisor shall review the
reported-on officer’s performance and qualities observed and noted during the reporting period. Next, the
supervisor shall carefully read the standards and compare the reported-on officer’s performance to the level of
performance described by the standards. After determining which block best describes the reported on officer’s
performance and qualities, the supervisor shall fill in the appropriate circle on the form. Subsection e. states that
comments should amplify and be consistent with the numerical evaluations, and they should identify specific
strengths and weaknesses in performance. Further, comments must be sufficiently specific to paint a succinct
picture of the officer’s performance and qualities which compares reasonably with the picture defined by the
standards marked on the performance dimensions in the evaluation area.
Sincerely committed to welfare & well-being of subordinates: followed thru to
acquire additional SWIIIs so members could have productive workdays & not
have to share computer time; scheduled OPCEN watches to benefit assigned
watchstanders; submitted departing members for awards & prepared page 7s to
recognize good performance. Showed genuine interest in development of others;
drafted unit mentor instruction for CPOs to use in developing program; worked
with division CPO on improving skill to earn recommendation for advancement;
acted as positive role model for young girls in Expanding Your Horizons
Symposium & provided intro on civil & military aviation; mentored 2 JOs on
OER prep. Competently directed department in preparing for XPO conference &
MLC compliance inspection. A team player some of the time: worked well
w/subordinates & peers, but avoided OPS officer when he returned from sick
leave, failed to get member up to speed on happenings for 2 week period; attitude
towards & comments about co-worker did not foster esprit de corps or positive
work environment. Actions did not always foster open communication & respect;
rather than confronting & engaging constructively chose avoidance & in some
instances, speaking negatively about co-worker. Submitted timely evaluations
that appropriately reflected subordinates performance.
Reporting Officer’s Portions of OER
comments. The reporting officer further stated:
In block 7 of the OER, the reporting officer concurred with the supervisor’s marks and
In the leadership section of the disputed OER, the applicant received a mark of 6 in
“looking out for others,” marks of 5 in “developing others,” “directing others,” and
“evaluations,” and marks of 3 in “workplace climate” and “teamwork.” The supervisors wrote
the following in the comment block:
[The applicant] was presented opportunities to learn critical new skills and grow
professionally when member was given admin officer duties; responsible for a
department. Did not always meet performance standards expected of an O-3;
behavior in several instances was immature, lost composure easily. Disengaged
from command after receiving more formal counseling & documentation of
performance shortcomings w/actions to improve; actions & comments regarding
co-worker caused negative work environment.
In block 8 of the OER, the reporting officer gave the applicant marks of 4 in “initiative,”
“judgment,” “responsibility,” a mark of 5 in professional presence, and a mark of 6 in “health
and well-being.” The reporting officer wrote the following comments:
Sought opportunities for professional development: Attended Mentor & Gulf
Fisheries training courses; attained advanced rating for private pilots license &
active member of CGAUS; implemented changes in routing paperwork so that
Admin dept could follow up on necessary action items such as ensuring members
in compliance w/weight stds & marks completed. Showed good judgment in
On the comparison scale in block 94, where the reporting officer compared the applicant
to other LTs she has known in her career, the applicant was marked as a “fair performer;
recommended for increased responsibility,” the third block of seven, with the seventh block
being highest.
greater leadership roles and responsibilities, the reporting officer wrote the following:
In block 105 where the reporting officer describes the applicant’s potential to assume
The applicant demonstrated insufficient maturity & interpersonal skills to be
successful at the O-4 level. I do not recommend member for promotion at this
point. Member has capacity to be successful & develop professionally, but must
commit to separate work performance feedback from member’s belief that any
feedback is a personal criticism. If member can overcome shortcomings, will be
ready for more challenging leadership roles. Member has strong desire to be seen
as competent & work hard toward that end. Works well w/& shows care for
subordinates; works well w/peers if issues are not contentious.
making recommendations for OCS candidates; qualify members as base OODs &
hiring the first civ Group Duty Officer. Took responsibilities w/utmost
seriousness; maintained accountability for department members for all required
training; ensured taskers to subordinates were replied to/followed up on; ensured
dept prepared for MLC admin compliance visit. Successfully represented CG;
participated in highway clean-ups; attended hi-visible memorial service; set
excellent example for uniform appearance & military bearing @ inspections.
Outstanding effort as wellness coordinator: provided timely, personal counseling
for member enrolled in wellness program to help them achieve their fitness goals;
prepared information packets for members on the CG weight program
w/pamphlets on recipes & wellness; solicited input for improvements to base
gym.
Applicant’s Reply to the OER
The applicant submitted a reply to the disputed OER disagreeing with the comments that
she was slow to adjust to head of administration department, that she was not a team player, that
she was incompetent as group duty officer, that she exhibited poor communication and
interpersonal skills when given negative feedback, and that she was not ready for promotion. Of
4 Article 10.A.2.b.8.a. of the Personnel Manual states that the reporting officer shall fill in the circle that most
closely reflects the reporting officer’s ranking of the reported-on officer relative to all other officers of the same
grade the reporting officer has known. The provision further provides that block 9 represents a relative ranking of
the reported-on officer, not necessarily a trend of performance. Thus from period to period, an officer could
improve in performance but drop a category on the comparison scale.
5 Article 10.A.2.b.9.a. of the Personnel Manual states that the reporting officer shall comment on the reported-of
officer’s potential for greater leadership roles and responsibilities and shall limit such comments to the performance
or conduct demonstrated during the reporting period. Subsection Article 10.A.2.b.9.b. states that comments in block
10 reflect the judgment of the reporting officer, and the reporting officer may include a recommendation for or
against promotion to the next higher grade.
note, the applicant denied that she made negative comments about a co-worker and that the OER
was the first time she knew of this allegation.
APPLICANT’S ALLEGATIONS
The applicant made four arguments for removal of the disputed OER from her military
record. First, the applicant contended that the disputed OER does not reflect a consistent picture
of her strong performance for the period under review, as required by Coast Guard policy. In this
regard, she submitted an exhibit from a Coast Guard web site which stated that the reviewer
should “ensure [that an] OER Reflects [a] Reasonably Consistent Picture of Performance.” In
support of her contention, the applicant relied on a statement from LT C who, as the education
services and training officer, worked with and under the direction of the applicant from March
26, 2003, until February 8, 2004. LT C stated that he always found the applicant to be
competent, professional and helpful. He further stated that under the applicant’s direction they
were able to secure several thousand dollars in outside funds to renovate the unit’s weight room.
The applicant also relied on a statement from LT P who worked with the applicant from
July 2002 until May 2004. LT P stated that she observed the applicant running daily search and
rescue cases, filling in as Group Operations Officer several days a month, as well as performing
her primary duties as assistant operations officer, the command center officer, and weapons
officer. LT P stated that she observed the applicant’s superiors assigned the applicant many SAR
cases and law enforcement missions, and therefore, she assumed that the applicant’s supervisors
were satisfied and pleased with the applicant’s performance. LT P’s statement also indicates that
she worked with or for the applicant when the applicant was the assistant operations officer. She
does not state that she worked for the applicant when the applicant became head of the
administration department.
The applicant submitted a timeline for the reporting period in which she identified
instances that in which she was congratulated by the supervisor for her success in obtaining
mutual aid assistance for certain subordinates; instances in which she received recognition for
certain achievements from other individuals or groups: such as creating a newsletter; receiving a
meritorious achievement award for superior flotilla performance during 2003; receiving a Coast
Guard Meritorious Team Commendation as part of the Air Station Houston Auxiliary Support
Team; and attending and completing certain courses, such as the Gulf of Mexico Basic Boarding
Officer Fisheries Course and the Women Officers Professional Association Symposium. The
applicant argued that her timeline shows that she performed at a level that exceeded
expectations.
Second, the applicant contended that some of the comments in the disputed OER were
vague and lacked impact and specificity. She again submitted an exhibit from a Coast Guard
website which stated that vague OER comments lack impact and specificity. The applicant
alleged that her OER contained such vague comments and offered the following as examples:
“[A]ction conveyed attitude that move was a demotion.” . . . “Sometimes displayed inappropriate
non-verbals when receiving feedback.” . . . “Behavior in several instances was immature, lost
composure easily.” . . . “Disengaged from command.” The applicant noted that a difference
existed between the specificity of the comments describing her accomplishments when compared
to those describing her shortcomings. She noted how the alleged vague comments with regard to
her shortcomings appear to follow the positive comments in each section of the OER, making it
appear as though a personality conflict developed toward the end of the marking period; or that
the rating chain chose to put them in the OER without addressing them with her at the time they
occurred.
Third, the applicant argued that the evaluation of her performance is contrary to policy
and contradictory to the feedback she was given during the period, and therefore, the OER
provides an inconsistent picture of her performance. In this regard, the applicant argued that the
OER comment “Written material improved after counseling to ensure subordinates were spell-
checking, adhering to formatting & checking references” is contradictory to the praise she
received from the supervisor, such as “Thanks for staying on top of this,” “Nice job,” “Thank
you,” and “Nice Job laying this out. Thanks!” The applicant submitted emails in which her
supervisor gave the above feedback. The applicant also noted that the reporting officer’s
determination on February 23, 2004, that she was able to perform duties as group duty officer is
evidence that the applicant was performing within a reasonably consistent, positive manner. The
applicant’s argument in this regard is as follows:
In other words, over the first eight months of the rating period there was enough
seen in [the applicant’s] actions and attitude that [the reporting officer] made [the
applicant] Group Duty Officer. Somehow, a little over 1 month later everything is
undone. That is simply not possible. It sets up the contradictory information and
it shows an evaluation that is not accurate, fair, or objective. When writing an
officer evaluation, the evaluation should reflect a reasonably consistent picture of
performance. As mentioned, [the applicant] performed reasonably well. To add
these contradictions goes against the intent of the OER and clearly flies in the face
of how [the applicant] actually performed.
Fourth, the applicant contended that “during the reporting period the supervisor did not
provide any feedback that there may be negative comments in the evaluation of the reported-on
officer.” The applicant stated that her supervisor was responsible for providing feedback upon
the applicant’s request, at the end of each reporting period, and at such times as the supervisor
deems appropriate. According to the applicant, no feedback was provided by the supervisor that
would have alerted the applicant to her weaknesses so that they could be corrected to avoid
having them mentioned in her evaluation. The applicant asserted that an individual development
plan was discussed between the supervisor and herself, in which she gave good feedback but the
supervisor did not.
The applicant concluded her brief by restating that the disputed OER did not provide a
reasonably consistent picture of her strong performance. She further argued that based on the
facts she presented, the disputed OER was subjective and included isolated incidents that were
described in a vague manner compounding the inappropriateness of the evaluation.
VIEWS OF THE COAST GUARD
On January 15, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted
an advisory opinion recommending that the Board deny the applicant’s request. The JAG
adopted the comments from Commander, Coast Guard Personnel Command (CGPC) as part of
the advisory opinion. CGPC offered the following:
Applicant’s Other Performance
The applicant was promoted to LT on October 29, 2002. Her first LT OER covered her
assignment as the assistant operations officer for the Group. Her supervisor and reporting officer
on the disputed OER were on the rating chain of this earlier OER as reporting officer and
reviewer. On the earlier OER, the applicant received no mark lower than 4 in any category, and
she was rated as an “excellent performer; give toughest, most challenging leadership
assignments” on the comparison scale in block 9. Her second LT OER was the disputed OER,
which was discussed previously in this decision. The applicant has three subsequent LT OERs
covering her assignment as D17 Command Center Controller and D17 Command Duty Officer.
She receive no marks lower than 4 with many marks in the 5 and 6 range. The comments on
these OERs were very complimentary and she was recommended for promotion on each one.
chain noting that she was performing in a job normally assigned to an officer of higher rank.
The applicant’s LTJG OERs were positive in every sense with members of her rating
1. Based on the record, it is clear that the rating chain carried out its duties in
accordance with policy found at Chapter 10 . . . of the Coast Guard Personnel
Manual. Under the Coast Guard Officer Evaluation System, the rating chain
provides a timely and accurate assessment of an officer’s performance through a
system of multiple evaluators and reviewers . . . In the applicant’s case, they did
so . . .
2. The OER in dispute reflects a reasonably consistent picture of the applicant’s
performance during the OER marking period. It contains comments with specific
examples to support the applicant’s above standard performance for various
performance dimensions as well as comments to support her below performance
for particular dimensions . . .
3. The OER does not contain vague comments. The comments that reference the
below standard marks cite specific aspects of the applicant’s behavior that were
below standard. For example, a mark of “3” was assigned for [the] Teamwork
dimension. The comment to justify this mark stated how the applicant avoided
the return of another co-worker who was out sick and how the applicant failed to
update the officer on what that person missed during the absence. The below
standard marks are justified in accordance with policy . . .
4. The applicant also states that the disputed OER is contradictory to the
feedback she received during the period of the OER. This is not the case. The
applicant was counseled on her below standard performance by [the supervisor]
prior to the OER end of period . . . periodic comments from a supervisor such as,
“Nice Job” and “Thank you” is common courtesy and not proof that the task was
necessarily completed above standard or an indication of the officer’s overall
performance for the entire period.
5. In summary, the rating chain carried out its responsibilities and submitted the
applicant’s disputed OER in accordance with the Coast Guard Personnel Manual.
They were in the best position to observe the applicant’s performance and provide
a fair, accurate, and objective OER. There is no basis for removing the
applicant’s OER from her record.
The Coast Guard obtained and submitted with the advisory opinion declarations from the
Declarations from the Rating Chain
supervisor, reporting officer, and reviewer.
Supervisor’s Declaration
The supervisor stated that in February 2004, with the unit Chaplin present, she provided
the applicant with a memo documenting her concerns regarding the applicant’s performance and
recommending courses of action for improvement. The supervisor noted that she had discussed
most of the items found to be below standard with the applicant in other counseling sessions.
The supervisor wrote that using the OER form, she provided the applicant with the following
feedback:
• Results/Effectiveness: the work from admin is not timely, or of the best quality.
As an example, discharge packages come up with errors that should have been
corrected before arriving at my desk, including improper references. You need to
provide completed staff work, including cross-checking references with various
personnel actions.
• Professional Competence: I have not seen professional growth as admin officer,
and was expecting training requests from you to attend training to enhance your
admin officer skills. You are still relying too much on my direction. Other factors
contributing to substandard evaluation in this category: loss of GDO & Duty OPS
quals (worst test scores during STAN visit) as Acting OPS, did not provide
visiting cutter w/OPORD. You need to make a significant effort to regain your
quals; as of this date, you have not stood any additional watches in the OPCEN to
improve your skills.
• Speaking & Listening: Your emotional outburst, for example storming out on
OPS, and tears, are inappropriate and are distracting mannerisms that at a more
senior level, would be viewed as manipulative. You must learn to better control
reaction to criticism. I urge you to engage EAP for assistance if you feel you do
not have this under control.
• Teamwork: You have shown strength in this area with subordinates. However,
you have on several occasions, avoided conflict and not engaged constructively
when provided feedback, which hurt team efforts. As examples, you avoided
OPS when he gave you feedback, and you never did followup with me about
naming the range after GMC [M] as I directed you to research and brief me on the
correct and legal procedure for naming a structure after a living person. You must
follow up each time, and every time.
• Workplace Climate: your emotional outbursts (crying) and the perception that
you are sulking after being given feedback creates a tense work environment, and
does not foster open communication. Additionally, your communication skills
mislead others into believing situations that were false . . . You must take
responsibility for your words and actions and be sensitive to the impact they have
on others.
Initiative: Did not make any effort to stand watches in OPCEN while working on
requalifying . . . Did not use or share knowledge from mentor course with
Leadership council. You need to make a visible effort to regain your quals, and to
share information you have gained from courses attended.
•
• Judgment: As duty OPS when briefing XO as acting, recommended sending
wrong asset . . . and not aware of limitations of assets, in another case, let people
back into harm’s way (boat capsized on jetties); not familiar with crew fatigue
limits and passed incorrect info to CO; thought it was ok to take leave, liberty,
leave, and had to be directed to put in for inclusive dates or show up for work.
Recommend you vet important decisions if you are not sure you are doing the
correct thing and doing adequate research to minimize mistakes.
• Responsibility. Did not follow up as directed to name range after GMC, did not
come and discuss lack of follow up with me after returning from leave; did not
meet w/OPS when he returned from sick leave to brief him on 2 weeks of
activities. You must hold yourself to the highest standards at all times. Anything
else reflects lack of effort and commitment on your part.
2. I would rank you as poor to fair performer, recommended for increased
responsibility, and at this time, I would not recommend you for promotion to
LCDR
Reporting Officer’s Declaration
The reporting officer wrote a declaration that the disputed OER is an objective, fair, and
accurate representation of the applicant’s performance for the period under review. The
reporting officer stated that the applicant was fragile emotionally and struggled at times with
maintaining her composure during stressful situations, “which showed her to be very
unprofessional and diminished her effectiveness in dealing with others.” According to the
reporting officer, the applicant performed some tasks very well and others she performed poorly.
The reporting officer stated that the applicant was given both verbal and written counseling on
areas of her performance that needed improvement. The reporting officer further stated as
follows:
I was aware of [the applicant’s] performance deficiencies as Assistant Operations
Officer, Group Duty Officer (GDO), and Administrative Officer during this
timeframe. As Assistant Operations officer, she failed to communicate accurate
details to me on operational missions in several instances during the absence of
the Operations Officer, which required me to personally investigate the status on
several law enforcement and search and rescue missions. I recall that I rescinded
her qualification as GDO following her failing a knowledge exam during a
Command Center Standardization Team evaluation at our Group Command
Center. I recall that she was the only individual who actually failed this exam,
which led to my loss of confidence in her ability to prosecute maritime search and
rescue, law enforcement, and homeland security cases, and required others to
cover for her in these duties when she was no longer qualified. She was provided
very specific direction on how to requalify as GDO, but needed to be pressured by
her supervisor to take initiative to do so, and finally requalified as GDO when she
was nearly departed for her next assignment.
The reporting officer noted that LT C, who provided a statement for the applicant, was a
newly reported Ensign during 2003/2004 and was not qualified to assess the applicant’s level as
a leader. The reporting officer noted the same criticism with respect to LT P’s statement.
Reviewer’s Declaration
The reviewer stated that as the program manager for Groups and Air Stations, he was
stationed in New Orleans and did not personally observe the applicant’s performance. The
reviewer stated that he recalled reviewing the Standardization Team results for Group Galveston
and noting the applicant’s results were inadequate. Although the reviewer stated that he
discussed the applicant’s performance with her rating chain, he could not recall any specifics of
the discussion. He stated that he believed that the disputed OER adequately documents the
applicant’s performance and that the comments are specific and unambiguous.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On March 31, 2008, the Board received the applicant’s reply to the views of the Coast
Guard. Applicant argued that from the rating chain’s responses and the additional statements she
submitted it is clear that she was not in an environment that provided her with the leadership
necessary to ensure that she received a fair, objective, and accurate evaluation.
Apparently the applicant’s supervisor had a profile on match.com in which she described
her job as follows: “Help! I need a life! Currently an executive officer. This is akin to being an
Adult Day Care Director. I love the CG, but am looking forward to life on the outside in some
significant capacity for a non-profit organization.” According to the applicant, the supervisor’s
match.com comments were well-known throughout the Coast Guard. The applicant argued that
with the supervisor’s attitude about her job as demonstrated through her comments on
match.com, “there is little surprise that [the supervisor] would believe the [the applicant] was
‘still relying too much on [the supervisor] for direction.’” The applicant also argued that the
supervisor’s attitude explained why she felt the applicant would need to make “significant effort”
to regain her group duty officer qualification. The applicant stated that the supervisor’s attitude
was not that of an officer with the state of mind to give fair, objective, accurate feedback, but that
of an officer who believed that she was managing adults in a “day care” who got into trouble and
could only get out of trouble if they followed the subjective rules of the “day care” as defined by
the supervisor. She argued that this was the situation in which she found herself with the
supervisor.
The applicant argued that “it is reasonable to understand that non-verbals may be
confusing and cause vague comments [in the disputed OER] when [the applicant] is directed to
do diametrically opposite missions.” For instance, counseling the applicant that she relied too
much on the supervisor but still advising her that she must follow-up with the supervisor each
and every time are contradictory instructions.
The applicant alleged that the supervisor was providing the reporting officer with a
distorted picture of the applicant’s performance because “one officer in [the supervisor’s] “adult
day care” is not following the conflicting rules laid down by [the] supervisor, therefore making
[the supervisor’s] babysitting duties more difficult. The applicant further alleged that the
supervisor gave the reporting officer the impression that the supervisor was providing sufficient
feedback to the applicant when in fact she was not. Because of the supervisor’s alleged actions,
the applicant argued that she was placed in the following difficult situation:
“1. She is wrong if she does research and reports back because she will be relying on the CO too
much.
“2. She is wrong if she makes a decision while not relying on the XO because she needs to report
back to the XO each time, and every time.
“3. She is wrong if due to the circumstances her composure is not always perfect.”
The applicant submitted six additional statements that she contended showed the disputed
OER to be unfair, inaccurate, or non-objective. She alleged that each of the statements share a
common theme [although she does not identify the theme]. In support of her contention, she
offered the following quotes from five of the statements:
1. OS1 J stated, “I observed [the applicant] being briefed on several highly stressful and
complicated search and rescue cases. She kept calm and behaved appropriately in these
situations. I never once saw her upset, with a bad attitude or interact negatively with her
subordinates or superiors.” OS1 J also stated that from June 2003 to March 2004 he was a
search and rescue controller and a subordinate of the applicant’s.
4. LCDR L was chief of the planning department at the neighboring Marine Safety Unit
Galveston from September 2001 until March 2004. The applicant quoted the following from his
sworn statement:
I worked with then LTJG [applicant’s name] on a daily basis for the first eight
months following 9-11. During that time, I came to see her as a consummate
professional, a true leader dedicated to mission accomplishment and care of her
personnel, and as an inquisitive junior officer, constantly striving to lean how to
do more with the limited resources available to the Coast Guard.
2003 heralded some significant command changes within the region in general
and at Group Galveston in particular. The new command cadre was constantly at
a disadvantage assimilating into the operational and marine safety interoperability
that had been the hallmark of successful operations since September 2001.
2. Captain J stated: “An articulate and confident speaker; quickly adjusted to changing
needs and priorities in a high OPTEMPO AOR; Exceptional team player; self starter; outstanding
judgment; and an extremely knowledgeable, effective dedicated officer.” Captain J stated that
from June 2000 to April 2003, he was the Commander, Group Galveston and had an opportunity
to observe the applicant on a daily basis.
3. Former YN V stated: “[Of the applicant] It is essential to have the support of an
experienced person, who holds appropriate military seniority, when trying to excel within the
military.” The YN stated that from November 2000 until 2003 the applicant was her direct
supervisor. The YN further stated:
Admittedly it was discouraging to lose the guidance, mentioned above, following
the Change of Command in 2003-2004 when [the applicant] was then transferred
to fill an administration officer position. From my observation, once [there], she
was no longer given as many opportunities to attend valuable trainings, and was
presented with numerous unwarranted preventable, and unexplainable challenges
. . . It is important to note that I also recall a profound downward shift in base-
wide morale during this period.
The applicant wrote that LCDR L noted friction between Group Galveston and other
regional units as well as within Group Galveston. In this regard, the LCDR wrote the following:
One of the highlights of these “antics” was when the Deputy Group Commander
[applicant’s supervisor] described her responsibilities as something on the order of
a “professional babysitter for 350 grown men: on match.com. This lack of
leadership and professionalism was well known throughout the Houston-
Galveston Coast Guard community.
I would be honored to have [the applicant] serve with me at anytime during any
crisis. She is a dynamic leader who is able to make a positive in the lives of
others and security of our nation.
5. Captain C echoed the positive statement about the applicant, and according to the
applicant, his statement shed additional light on her rating chain. The applicant quoted the
following from captains C’s affidavit:
We had some tough management issues for a six month [period] before I reported.
ENS [the applicant’s name], in her first year of commissioning was handling it all
despite it being a full time LCDR (O-4) position. As Acting Chief for Fisheries, I
received a plethora of feed back when I arrived, from many different sources
complimenting this junior officer on her accomplishment and ability to hang in
with the heavy hitters around the table to the high quality written products she
produces. [The applicant] had the reputation for being one of the best that ever
served on the councils and was over achieving three ranks.
Since departing D7 (ole), I had the pleasure of following [the applicant’s] career.
She sought me out for professional advice discussing her career path as well as
the difficult challenges she encountered with her unsupportive command. When I
heard of the trouble in Galveston, I did some research into the matter. I learned
from other members of the command that her performance was still top shelf but
that her CO and XO just did not appreciate her or recognize her abilities. We in
D7 were shocked as this woman was performing a difficult job previously several
ranks above her pay grade and excelling. Something was wrong and I attribute it
to the lack of leadership that her XO exercised. Additionally, the XO polluted the
waters with the CO as well. [The] XO had a history of putting down folks under
her and this is not the first time I heard this. I am concerned about the Coast
Guard saying that our people are our greatest resources but then treating them
poorly and not appreciating them.
I had the opportunity to relieve the applicant’s CO (at that time) twice during the
past five years and most recently in the last six months. Upon relief, within a few
weeks of assuming my duties as both the XO of ISC Miami and Chief of
Resources and Performance Management in the Seventh District, my new staff
approached me and relayed their displeasure in their performance reports (OERs).
All felt that they were marked low and they did not feel that they were treated
well. These members included officers from the ranks of LTJG to CDR. Thus,
there is an established history of low marking and treating people in a way that
they felt unimportant and unappreciated.
The applicant’s military record reveals the Captain C was her supervisor from October 1,
1999 to June 30, 2000.
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:
The Board has jurisdiction concerning this matter pursuant to section 1552 of title
1.
10 of the United States Code. The application was timely.
2. The applicant requested an oral hearing before the Board. The Chair, acting pursuant
to 33 C.F.R. § 52.51, denied the request and recommended disposition of the case without a
hearing. The Board concurs in that recommendation.
3. To establish that an OER is erroneous or unjust, an applicant must prove that it was
adversely affected by a “misstatement of significant hard fact,” factors that “had no business
being in the rating process,” or a “clear and prejudicial violation of a statute or regulation.”6 The
Board begins its analysis by presuming that the disputed OER is correct as it appears in the
record, and the applicant bears the burden of proving by a preponderance of the evidence that it
is erroneous or unjust.7
4. The Board notes that the disputed OER was the first the applicant received in her new
assignment as the head of the administration department and the first under the day-to-day
direction of the supervisor, although the supervisor had served on the rating chain of the
applicant’s previous OER as the reporting officer. The applicant has failed to prove by a
preponderance of the evidence that the disputed OER is either in error or unjust and therefore
should be removed from her military record. The applicant argued that the disputed OER does
not accurately reflect her performance because it fails to provide a reasonably consistent picture
of her strong performance during the period of evaluation. However, the evidence of record does
not support her argument. A review of the OER content shows a rating chain that complimented
the applicant on her strong planning skills, on her identification of resources to accomplish tasks,
on her development of and concern for others, and on her ability to work well with subordinates
and sometimes with her peers. The rating chain also noted that the applicant showed good
judgment in certain areas, that she was serious about her responsibilities, and that she performed
in an outstanding manner as the wellness coordinator. But in addition to the praise, the
supervisor also noted the applicant’s weaknesses in “adaptability,” “workplace climate,” and
“teamwork.” In each of these three areas, the applicant was given a mark of 3 (which is
considered a below average mark). The supervisor supported the below average marks with the
following comments:
Struggled to adapt to new role as department head; actions conveyed attitude that
the move from OPS dept was a demotion vice opportunity to grow professionally
& learn skills needed to be assigned & successful as command cadre. Did not
demonstrate the competence level desired in Group Duty Officer during STAN
6 Germano v. United States, 26 Cl. Ct. 1446, 1460 (1992); Hary v. United States, 618 F .2d 704 (Ct. Cl. 1980);
CGBCMR Dkt. No. 86-96.
7 33 C.F.R. § 52.24(b).
A team player some of the time; worked well w/subordinates & peers, but avoided
OPS officer when he returned from sick leave, failed to get member up to speed
on happenings for 2 week period; attitude towards & comments about co-worker
did not foster esprit de corps or positive environment. Actions did not always
foster open communication & respect; rather than confronting & engaging
constructively chose avoidance & in some instances, speaking negatively about
co-worker.
In addition, the reporting officer marked the applicant in the third category on the
comparison scale in block 9 and did not recommend her for promotion in block 10. The
reporting officer made the following comments with regard to the applicant’s performance
during the period and her potential for greater leadership roles and responsibilities:
Did not always meet performance standards expected of an O-3; behavior in
several instances was immature, lost composure easily. Disengaged from
command after receiving more formal counseling & documentation of
performance shortcomings w/actions to improve; actions & comments regarding
co-worker caused negative work environment.
The applicant demonstrated insufficient maturity & interpersonal skills to be
successful at the O-4 level. I do not recommend member for promotion at this
point. Member has capacity to be successful & develop professionally, but must
work to separate work performance feedback from member’s belief that any
feedback is a personal criticism. If member can overcome shortcomings, will be
ready for more challenging leadership roles. Member has strong desire to be seen
as competent & works hard toward that end. Works well w/& shows care for
subordinates; works well w/peers if issues are not contentious.
Team Visit; qualifications were revoked, eventually through hard work member
requalified.
[S]ometimes provided unclear information when briefing GRUCOM as duty OPS,
causing confusion between unit OIC & GRUCOM. Sometimes displayed
inappropriate non-verbals when receiving feedback. Written material improved
after counseling to ensure subordinates were spell-checking, adhering to
formatting & checking references.
5. The statements submitted by the applicant are insufficient to prove that the rating
chain’s evaluation of the applicant’s performance is erroneous. LT C and LT P were the
applicant’s peers and not responsible for supervising the applicant or managing the command. As
noted by the reporting officer, they were ensigns at the time and not in a position to assess the
applicant’s performance as head of the administration department or her leadership capability.
Their statements presented no evidence that they were aware of the requirements placed on the
applicant by her supervisor and reporting officer. Nor is there any evidence that they were aware
of how well the applicant measured up to her rating chain’s expectations. Each wrote very
positive statements of what they knew of the applicant’s performance but their opinions are not
sufficient to overcome the evaluation of the supervisor, who was responsible for the day-to-day
supervision of the applicant or that of the reporting officer who had first hand knowledge of the
applicant’s performance. In contrast to the statements of the two LTs, each member of the rating
chain stated that the disputed OER is an accurate evaluation of the applicant’s performance for
that period.
6. Likewise, the statements from OS1 J, Captain J, former YN V, LCDR L, and Captain
C are all very positive in describing their observations of the applicant’s performance and
abilities. However, none of these statements directly contradict the judgments of the rating chain
that the applicant struggled to adopt to her new role as head of the administration department;
that her group duty officer qualification was revoked and had to be regained; that she displayed
inappropriate non-verbal mannerism when receiving feedback from her superiors; that she
disengaged from the command after receiving formal counseling; or that she exhibited immature
behavior in several instances, etc. during the period under review. Unless proof is submitted that
such statements or others on the OER were not factual, the Board must accept the evaluation of
those designated by the Coast Guard to serve on the rating chain. Article 10.A.2.a. of the
Personnel Manual charges the rating chain with responsibility for assessing an officer’s
performance and value to the Coast Guard. Neither Captain J, nor LCDR L, nor Captain C were
in the applicant’s rating chain for the period under review; nor do they state that they worked
with her while she served as head of the administration department. OS1 J, as an enlisted
subordinate of the applicant’s during the period under review, was not in a position to assess the
applicant’s officer leadership skills and performance of duties. Nor was former YN V who did
even work for the applicant during the period under review. Therefore, their opinions do not
prove that the judgment of the rating chain with respect to the applicant’s performance was
inaccurate or unjust.
7. The applicant argued that certain of the less positive comments, like the following,
were vague and lacked specificity: “[A]ction conveyed attitude that move was a demotion.” . . .
“Sometimes displayed inappropriate non-verbals when receiving feedback.” . . . “Behavior in
several instances was immature, lost composure easily.” . . . “Disengaged from command.” The
Board disagrees with the applicant and finds that the comments are not vague or non-specific.
The comments when read in their entirety on the OER detail the applicant’s shortcomings in
interacting with her rating chain and superiors. Moreover, the applicant provides no examples of
what the command should have stated to describe her behavior in this instance. Certainly, the
rating chain could have used harsher more descriptive language but that could have been more
damaging to the applicant’s career than that actually used.
8. The applicant suggested that the evaluation of her performance, particularly by her
supervisor, is contradictory to the feedback she received during the reporting period. In this
regard, she points to accolades from the supervisor thanking the applicant for work on certain
projects or stating that the applicant had done a good job on this or that task. However, there is
evidence in the record that the supervisor had provided the applicant with feedback identifying
problems with the applicant’s performance during the reporting period. The supervisor’s
statement (obtained by the Coast Guard) commented that with the unit’s chaplain present, she
had given the applicant extensive feedback on her performance using the OER form to counsel
the applicant in each designated category. In her reply to the advisory opinion, the applicant did
not deny that she had received this particular counseling from the supervisor. In addition, the
fact that the supervisor complimented the applicant on several aspects of her performance does
not mean that the supervisor was satisfied with the applicant’s performance in all areas of her
responsibility as the unit’s administration officer. The counseling provided to the applicant in
February 2004 (with the chaplain present) certainly should have put the applicant on notice that
her OER would reflect her shortcomings. If she was confused on this point or whether her
performance still needed improvement, she was required to seek the necessary feedback from her
rating chain. The Personnel Manual states clearly that feedback occurs whenever a subordinate
receives any advice or observation from a rating chain official. It further provides that if such
feedback is not clear, it is the reported-on officer’s responsibility to seek such clarification. See
10.A.1.c.5. of the Personnel Manual.
9. The applicant suggested in her brief that the supervisor was biased against her due to a
personality conflict and that she made false statements to the reporting officer about the
applicant. However, except for the applicant’s allegation, there is simply no evidence that the
supervisor had a personality conflict with the applicant or that she was biased against the
applicant. Captain C wrote that he heard that the supervisor had a history of putting down her
subordinates. However, such hearsay is not proof that the supervisor was biased against the
applicant. Moreover, the reporting officer wrote that she was aware of the applicant’s
performance deficiencies during the period. She stated that she, not the supervisor, revoked the
applicant’s qualifications because the applicant failed the standard team evaluation (STAN)
examination and because the applicant, as assistant operations officer, did not provide the
reporting officer with accurate details on several operational missions. The reporting officer
stated as a result of these events, she lost confidence in the applicant’s ability to prosecute
maritime search and rescue, law enforcement, and homeland security cases. Therefore, the
reporting officer had personal knowledge of the applicant’s performance and was not totally
reliant on the supervisor for such information. The reviewer also stated that he saw the STAN
test results and noted that the applicant’s performance on the examination was inadequate. Even
if the supervisor made reports to the reporting officer about the applicant, such would not be a
violation of the Personnel Manual. In fact, Articles 10.A.4.c.4.d. and 10.A.4.c.7.d. of the
Personnel Manual state that the supervisor and reporting officer shall draw on their observations,
those of any secondary supervisors, and other information accumulated during the reporting
period. Therefore, the reporting officer’s reliance on information received from the supervisor, if
any, and the STAN examination results were appropriate for consideration in evaluating the
applicant’s performance.
10. The applicant argued that the supervisor’s description of her job in a posting on
match.com is proof that the supervisor was not in the mindset to give fair, objective, and accurate
feedback to the applicant about her performance. Apparently, the supervisor’s profile on
match.com compared her duties as XO to those of an adult day care director, but the supervisor
also stated that she loved the Coast Guard. While the adult day care comment does not place the
supervisor in the most positive light and is somewhat disrespectful to those she supervised, it is
not proof that the supervisor failed to perform the duties expected of her as Deputy Group
Commander. In this regard, the Board notes that she has been promoted to Commander (CDR),
which indicates that the Coast Guard found her performance of duty satisfactory.
11. The applicant also suggested that the awards she received from various organizations
and a Coast Guard team award were not mentioned in the disputed OER. First she presented no
evidence that she submitted OER input asking to have certain awards mentioned in her OER.
Even if the applicant had requested to have such commendatory material mentioned in the OER,
whether to do so was discretionary with the rating chain. Article 10.A.3.b. of the Personnel
Manual states that “[t]he Reported-on officer, and other officers or officials outside the
Reported-on Officer’s normal rating chain, may submit to the supervisor or reporting officer
letters, certificates, citations . . . Supervisors and Reporting Officers may use or cite such
reports in the OER comments blocks, but shall not attach them to the OER. “ Second, only
personal military decorations issued in accordance with Article 1.A.17 of the Medals and
Awards Manual may be attached to an OER. Id.
12. The Board notes that the applicant’s prior and subsequent OERs are excellent and
very complimentary. She had served as assistant operations officer prior to the assignment as the
head of administration. However excellent previous or subsequent performance evaluations are
not proof that the applicant performed in a similar manner for the period covered by the disputed
OER.
13. The applicant has failed to prove error or injustice in this case and her request for
relief should be denied.
[ORDER AND SIGNATURES ON NEXT PAGE]
The application of XXXXXXXXXXXXXX, USCG, for correction of her military record
Donna M. Bivona
Diane L. Donley
Richard Walter
ORDER
is denied.
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