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CG | BCMR | OER and or Failure of Selection | 2008-066
Original file (2008-066.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                 BCMR Docket No. 2008-066 
 
xxxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxxx 

FINAL DECISION 

 

 

 

 

This is a proceeding under 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  February  8,  2008,  upon 
receipt of the applicant’s completed application, 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  October  23,  2008,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
The  applicant  asked  the  Board  to  correct  her  military  record  by  expunging  her  officer 
 
evaluation report (OER) for the period June 1, xxxx, through June 11, xxxx.  During this period, 
she was assigned as the captain of the USCGC XXXX, an xx patrol boat that grounded after the 
mooring ball to which it was tied broke loose from the sea bed during a storm.  The applicant 
also asked the Board to remove from her record her failure of selection for promotion to lieuten-
ant commander (LCDR) by the LCDR selection board that convened in xxxx and to backdate her 
LCDR  date  of  rank  to  what  it  would  have  been  had  she  been  selected  for  promotion  by  that 
board.  (After submitting her application, she was selected for promotion to LCDR in August 
xxxx.)   
 
The applicant alleged, regarding the Reporting Officer (RO)1 who prepared the second 
 
part of the disputed OER, that “[i]t is an understatement to say that relations between [the RO 
and herself] were less than satisfactory.  From early in her tour, he had done a variety of things 
that suggested that he distrusted her.”  The RO was a captain serving as the Group and Sector 
Commander.  She alleged that “[f]rom early in her tour [which began in xxxx, when she was still 
a lieutenant junior grade (LTJG)], the RO had done a variety of things that suggested that he dis-
trusted  her.”    She  stated  that  her  gender may have “played a role” in his reactions to her and 
noted that she was the only female captain of a patrol boat in the sector.   
                                                 
1 All Coast Guard officers are evaluated by a “rating chain” of three superior officers, including the Supervisor, who 
assigns the marks for the first thirteen performance categories on an OER and supports them with written comments; 
the Reporting Officer, who assigns the last six marks, including the comparison scale mark, and supports them with 
written comments; and the Reviewer, who reviews the OER for consistency and compliance with regulation and may 
add a page of comments before forwarding it to the Personnel Command.  See OER form CG-5310. 

As  an  example  of  the  RO’s  behavior  toward  her,  she  noted  that  in  xxxx,  a  fireman 
apprentice (FA/E-2) under her command was found to have used the cutter’s internet access to 
visit  websites  concerning  fantasies  of  raping  and  murdering  female  military  officers  and  to 
download and print material from these websites on the cutter’s printer.  The applicant consulted 
the XXXX’s Executive Petty Officer and two other senior personnel and determined that the FA 
should be removed from the XXXX, because he posed a threat to her, and taken to mast by the 
RO.  As a captain, the RO’s power to impose non-judicial punishment (NJP) exceeded her own 
as a lieutenant.   However, the RO refused to support her decision and argued that she should 
punish the FA on board herself before removing him from the cutter.  The RO came to Xxxxxx 
and asked to discuss the matter with her over lunch.  However, when she met him at the cafeteria, 
he led her to another building to meet with several senior officers, including the Sector Deputy 
Commander, a Reserve Commander, and the commanding officer of Station Xxxxxx, who was 
not even in her chain of command.  She alleged that “the assembled officers pounded [her] with 
questions regarding why she wanted the FA removed from the ship and why she felt any mast 
should be conducted by [the RO] rather than herself.”  Ultimately, the RO directed her to conduct 
the mast herself, and the FA was then transferred to another unit. 

 
In support of her allegations regarding the handling of the FA’s misconduct, the applicant 
 
submitted a declaration dated January 18, 2008, from LT P, who was the commanding officer of 
Station  Xxxxxx  in  xxxx.    He  stated  that  he  remembers  being  invited  by  the  RO  to  attend  a 
meeting, which turned out to be a counseling session for the applicant regarding her handling of a 
sensitive personnel issue on the XXXX.  The RO and his deputy questioned the applicant several 
times about her decision to remove the FA from the cutter.  He stated that the applicant “made 
every effort to explain the holistic approach she took” in deciding what was best for the crew, but 
was overruled.  LT P stated that he did not understand why her decision was questioned and that 
he himself should not have been invited to the meeting as he was a colleague of the same rank, 
rather than a member of her chain of command. 
 

 

The applicant also complained that the RO never responded to inquiries she made when 
the XXXX and similar patrol boats were deployed to protect Xxxxx Harbor for several months 
and ended up “being used as tenders for small boats, which was plainly not their highest and best 
use.”    He  also  never  apologized  for  having  failed  to  respond  to  her  inquiries  about  that 
deployment. 
 
 
 
On December 2, xxxx, the applicant stated, the XXXX was performing a routine fisheries 
patrol  in  xxxxxxxxxx  when the weather turned stormy and the waves grew to more than five 
feet.  She alleged that the XXXX cannot function is seas over five feet, and so she drove the boat 
to Xxxxxx and moored it to a Navy mooring ball a few hundred yards from the Naval station’s 
pier, which was common practice for Coast Guard patrol boats in the Xxxxxx District.  However, 
twenty  hours  later,  while  the  “xxxxxx”  continued,  the  chain  holding  the  mooring  ball  to  the 
sinker on the sea bed broke, and the XXXX began to drift.  The XXXX’s watchstander noticed 
the problem promptly, and the crew started to unmoor from the drifting ball and to get underway.  
“By the time the engines were started, however, it was too late, and Xxxx had touched bottom, 
causing  some  $65,000  in  damage  to  the  propellers,  rudders,  and skeg.”  Thereafter, the Coast 
Guard forbade any cutter from using the Xxxxxx mooring balls and ultimately removed them. 
 

 
On December 11, xxxx, the RO visited and spoke to the crew.  He told them, in essence, 
“Shit happens; you were in the wrong place at the wrong time,” and “[h]is plain implication was 
that the ship was not at fault.”  On January 16, xxxx, following an investigation of the grounding, 
the  investigator  recommended  that  the  applicant  remain  in  command  but  be  counseled  and 
receive an administrative letter of censure.  (Administrative letters of censure are given to the 
officer but are not entered in the officer’s military record.)  On March 11, xxxx, however, she 
was notified that she had been formally charged with hazarding a vessel in violation of Article 
110 of the Uniform Code of Military Justice (UCMJ).  The next morning, she reported to the 
Sector office as directed and was read her rights.  When she elected to consult an attorney and 
not to make a statement, the RO became agitated, turned red in the face, pointed his finger at her, 
and said in a loud voice that he did not need to get a statement from her and that he would con-
duct mast against her based on the report of the investigation.  The RO told her that the District 
command was pressuring him to conduct the mast that very day, but a while later agreed to delay 
the mast for a week, claiming that he had misunderstood the District’s directions.  When the mast 
was rescheduled, the RO quickly sent an email to the crew of the XXXX ordering the XPO and 
EPO to attend the mast and inviting the rest of the crew to do so as well, instead of holding the 
mast privately as he had intended.   
 
On March 17, xxxx, two days before the scheduled mast, the District Commander, a rear 
 
admiral, took the matter out of the RO’s hands and decided to conduct the mast herself.  When 
the mast was finally held on April 15, xxxx, the District Commander treated the RO as a witness, 
so that he was summoned for testimony instead of being allowed to observe the entire hearing.  
Moreover, the District Commander dismissed the charges  against the applicant and issued her 
only an administrative letter of censure, which is never entered in an officer’s record.  The appli-
cant alleged that the District Commander’s decision to take the mast out of the RO’s hands, treat 
him as a regular witness, and dismiss the charges mortified and angered the RO. 
 
 
In  June  xxxx,  the  applicant  alleged,  the  RO  prepared  an  end-of-tour  OER  for  her  that 
lacked objectivity because of his animus against her.  The applicant argued that because the RO’s 
animus raised a substantial question as to whether he could prepare a fair OER, he should have 
been disqualified from serving on her rating chain, in accordance with Article 10.A.2.g.2.b. of 
the Personnel Manual.  The applicant stated that the disputed OER is unfair because “it contains 
no fewer than six narrative references to the Xxxxxx grounding, thereby materially blowing that 
matter way out of proportion, given the fact that [the District Commander] saw nothing in the 
circumstances that [rose] to the level of a violation of the UCMJ.”  The applicant noted that the 
OER Reviewer included comments in the OER in an attempt to blunt the effect of the RO’s com-
ments, but his attempt did not overcome the prejudicial effect of the RO’s marks and comments. 
 
 
The applicant argued that it was “fundamentally unfair [for the RO] to take a single inci-
dent and refer to it repeatedly, as this OER does, under a multitude of performance categories.  
Moreover, even where, as this OER purports to do, the matter is mentioned in ways that seem to 
find something positive in the events, the pervasive references have the effect of distorting the 
gravity of the matter.”  The applicant stated that the RO’s comment about her alleged “‘[d]efen-
sive, narrow grasp of [leadership] ownership re [the] grounding incident’ is particularly unfair 
because all he is referring [to] in that comment is her unwillingness to be drawn into a conver-
sation with him about it until such time as she had been afforded an opportunity to consult with 
an  attorney”  since  she  was  facing  criminal  charges.    The  applicant  also  argued  that  this  OER 
comment is strongly contradicted by another comment in the OER, which notes her eager pres-

entation of “lessons learned from [the] event.”  She argued that the OER is internally inconsistent 
as it describes her as both defensive and eagerly open about the grounding.  She stated that the 
comment about defensiveness is also contradicted by the text of the administrative letter of cen-
sure  she  received  from  the  District  Commander.    In  addition,  she  pointed  out  that  the  marks 
assigned her by the RO in the disputed OER are the worst she has received and are inconsistent 
with the marks in her other OERs. 
 
The  applicant  argued  that  both  the  District  Commander  and  the  Deputy  District  Com-
 
mander have “indicated disagreement, in one way or another, with [the RO’s] unfair treatment of 
[the applicant].  Because the OER system does not permit seniors to exert command influence by 
instructing subordinates as to how an OER should be couched, the best they could do was regis-
ter  Reviewer  disagreement  and  dispose  of  the  charges  [the  RO]  intended  to  press  under  the 
UCMJ by informal means that were balanced and appropriately recognized her strengths during 
and after the grounding.” 
 
 
The applicant stated that the comments about the grounding incident are so pervasive that 
the entire OER should be removed from her record and replaced with one prepared for continuity 
purposes only.  She also stated that because the disputed OER was relatively recent when her 
record  was  reviewed  by  the  LCDR  selection  board  that  met  in  xxxx,  her  failure  of  selection 
should be removed and her date of rank should be back dated to what it would have been had she 
been selected for promotion in xxxx, instead of xxxx. 
 
 
In support of her allegations, the applicant submitted a letter from the District Comman-
der to her attorney, dated January 15, 2008.  The District Commander, who is now the Deputy 
Assistant Commandant for xxxxxxxxxxxxxxxxxxxxxxxxxx, wrote the following: 
 

I am personally familiar with the officer’s performance having observed her on a number of occa-
sions while she was in command, which, to the best of my recollection exceeded that of the Sector 
Commander who was the RO.  I fully concur with the reviewer’s comments that I believe more 
accurately reports the officer’s performance and potential. 
 
I recommend [the applicant] for promotion and command afloat without any hesitation.  She was 
an exceptional Commanding Officer, before, during and after the incident.  She learned from her 
mistakes  and  that was reflected in her proactive response.  I strongly believe that [she] handled 
herself very appropriately in the most stressful situation.  She made changes that not only made her 
crew  safer;  those  changes  were  shared  fleet-wide  with  all  xx  CPBs.    Her  demeanor  during  this 
entire incident reflects our core values of honor, respect, and devotion to duty. … 

 

In a declaration dated January 17, 2008, CDR L (USCG Retired) stated that on the eve-
ning of Thursday, March 11, xxxx, he received a telephone call from the applicant, who said that 
the Deputy Sector Commander, CAPT G had visited her that afternoon and told her to report to 
the  Sector  office  the  next  morning  for  a  mast  pursuant  to  the  grounding  of  the  XXXX  on 
December 2, xxxx.  The applicant told him that CAPT G had denied her request for more time to 
prepare for the mast because of alleged pressure from the Xxxxxx District to complete the mast.  
Therefore, CDR L called a Coast Guard attorney for the Sector, who said that she had already 
been assigned to help the applicant and that she too had been told by CAPT G that the District 
office wanted the mast completed by March 12, xxxx.  Because she agreed with CDR L that one 
day was too little notice of the mast, the attorney called the RO, but he refused to allow any delay 
and said that the District wanted the mast completed by the next day.  Therefore, early Friday 
morning,  March  12,  xxxx,  CDR  L  called  the  Reviewer  on  the  applicant’s  rating  chain,  who 

supervised RO.  The Reviewer said that he did not believe that anyone on the District staff had 
told the RO to take the applicant to mast or to do so by any date.  
 
 
According  to  CDR  L,  when  he,  the  attorney,  and  the  applicant  were  escorted  into  the 
RO’s office at 10:00 a.m. the next day, the RO read the applicant her rights and asked her to ini-
tial the form to show that she understood her right to remain silent or make a statement and her 
right to seek counsel.  The applicant indicated on the form that she elected not to make a state-
ment but to consult counsel instead.  The RO then announced that he would proceed with the 
mast based on the report of the investigation and without questioning the applicant.  The appli-
cant then mentioned that the person she wanted to serve as her mast representative was underway 
on  a  cutter  that  would  be  back  in  port  the  following  Wednesday,  March  17,  xxxx.    The  RO 
responded to this request by stating that the mast representative would have to participate by sat-
ellite telephone because he would not delay the mast.  However, a short while later, the RO indi-
cated  that  he  had  contacted  the  District  office  and  determined  that  he  had  misunderstood  his 
instructions; that “he didn’t have to complete a mast on 12 March, he simply had to forward the 
case investigation to the District by 12 March with a cover memo stating his intentions for dis-
position of the case”; and that therefore he would convene the mast on Tuesday, March 16, xxxx.  
When the applicant reminded him how little time she had been given to prepare for the mast and 
that her mast representative would not be available until March 17, xxxx, the RO “became visi-
bly upset and said words to the effect that if [the applicant], a cutter commanding officer, was 
indeed  not  expecting  ‘to  be  held  accountable’  and  was  not  expecting  a  mast  after  her  ship 
grounded, then he (the RO) questioned her competency …  He then castigated her for electing to 
not make a statement or permit questioning of her and for electing to seek legal counsel.  He said 
her election of her rights precluded them ([the RO, the applicant], et al.) from having a discus-
sion on the issues, and that her position complicated things.  [The RO] reminded [the applicant] 
that he had ‘gone to bat’ for her … at least twice [since the grounding] despite pressure from the 
District to relieve her of command.”  Finally, the RO agreed to hold the mast the following Fri-
day, March 19, xxxx.  CDR L stated that as he left the RO’s office he thought that in his 29 years 
of service to the Coast Guard as an enlisted man, officer, and civilian employee, [he had never] 
seen an officer (particularly a Commanding Officer) treated so poorly, contemptuously, and with 
such a cavalier attitude, as [the applicant] had been treated by [the RO].” 
 
 
A chief warrant officer who was the Engineering Petty Officer (EPO) of the XXXX from 
May  xxxx  through  May  xxxx  under  the  applicant’s  command  wrote,  in  a  declaration  on  her 
behalf, that in xxxx the disposition of the FA who had misused the cutter’s equipment and inter-
net  access  “became  of  immediate  concern”  and  caused  friction  between  the  applicant  and  the 
Sector command.  The applicant decided that the FA should be transferred to a unit in another 
area,  but  the  Sector  Command  merely  transferred  him  to  Station  Xxxxxx,  the  XXXX’s 
homeport.    He  further  stated  that  after  the  XXXX was deployed in Xxxxx  Harbor for several 
weeks after the invasion of Iraq, he, the XPO, and the applicant discussed their deployment—
which amounted to serving as a mobile pier and bathroom facility for smaller utility boats—and 
all three felt that the boat could be put to better use.  Therefore, he encouraged the applicant to 
express their concerns to the RO.  She made several calls to the Sector office, but her “concerns 
seemed to go unnoticed,” and she received no response.   
 

Regarding the grounding incident on December 2, xxxx, the EPO stated that the mishap 
“was unfortunate and, like all MISHAPS, could have been avoided.”  He alleged that the “fric-
tion that began following the incident with [the FA’s] inappropriate computer use became aggra-

vated after the grounding.”  The EPO alleged, in particular, that the Sector’s investigation of the 
grounding was “a disaster from the start,” which caused tension between the applicant and the 
Sector office.  For example, the urinalyses of the crew, which occurred the day after the ground-
ing, were wrongly conducted by the investigator, a lieutenant from the Sector office, who tried to 
have the crew sign their sample bottles and the urinalysis roster several days after the samples 
were taken when they could no longer verify the samples were their own.  Also, the statements 
the investigator gathered the first day were found to be invalid, and the entire crew was asked to 
write new statements three days later but were not allowed to review their first statements.  Then 
the  investigator  was  removed from the job because she was allegedly having an inappropriate 
relationship with an enlisted member at the Sector office.  The EPO also stated that, on the after-
noon of Friday, March 12, xxxx, the crew of the XXXX received emails inviting them to attend 
an “Open Mast” for the applicant the following Friday.  The EPO himself was ordered to attend.  
He spoke with the applicant that evening, after she returned from the Sector office, and she told 
him that the RO had become very tense and angry when she asked to consult counsel.  The EPO 
stated that the mast did not occur the following Friday because the District Commander “stepped 
in and took over.” 
 
 
 A Family Advocacy Specialist for the Coast Guard, Ms. S, wrote in a declaration dated 
January 17, 2008, that she dealt with the RO on numerous occasions and usually found him to be 
engaged and supportive of members of his outlying units.  However, he did not ask her about the 
well-being of the crew after the grounding on December 2, xxxx.  The applicant, however, asked 
her to meet with the command and crew of the XXXX on December 4, xxxx.  Therefore, she 
attended the Admiral’s mast for the applicant on April 15, xxxx, to testify about the applicant’s 
“consistent care and concern” for her crew.  While waiting to testify with the RO and other wit-
nesses, she noticed that the RO  
 

appeared very angry and agitated.  His face turned various shades of red.  He sighed loudly and 
often.  He paced the room and gripped his hands.  He discussed his sudden decision to retire with 
some of the other witnesses.  He appeared very agitated as he spoke to a [lieutenant], who I later 
discovered was one of the investigators.  His anger seemed directed at [the applicant] as I occa-
sionally heard him say her name while his face was red.  He barely spoke to me, despite our previ-
ously harmonious working relationship. 

 

SUMMARY OF THE APPLICANT'S MILITARY RECORD    

 

The applicant enlisted in the Coast Guard in 1992, advanced to second class petty officer, 
and was appointed an ensign in the Reserve on December 18, 1998, upon graduating from Offi-
cer  Candidate  School.    From  January  1999  to  May  xxxx,  she  served  on  extended  active  duty 
aboard  a  medium-endurance  cutter  as  a  deck  watch  officer  and  received  high  marks  on  her 
OERs.2  She was promoted to LTJG.  From June xxxx to April xxxx, she continued to serve on 
extended active duty as the Weapons Officer on a high-endurance cutter and received very high 
marks on her OERs. 

 
In April xxxx, while still an LTJG, the applicant became the commanding officer (CO) of 
the CGC XXXX, a new xx patrol boat based in Xxxxxx, Xxxxxx.  Her crew consisted of two 
chief petty officers, six petty officers, and three non-rated enlisted members.  On December 18, 

                                                 
2  In  OERs,  Coast  Guard  officers  are  evaluated  on  their  performance  in  various  categories,  such  as  “Judgment,” 
“Teamwork,” and “Using Resources,” on a scale of 1 to 7, with 7 being the highest possible mark. 

xxxx, she was promoted to lieutenant and integrated into the regular Coast Guard.  On her first 
OER as captain of the XXXX, which covers the period April 21, xxxx, through March 31, xxxx, 
the applicant received very high marks, including seven marks of 5, ten marks of 6, and one mark 
of 7 in the various performance categories and a mark in the fifth spot on the comparison scale.3  
The RO commented in this OER that the applicant was a good candidate for advanced education; 
for appointment to a high-profile billet, such as the White House; or for command of a tactical 
law enforcement team or marine safety and security team.  He “heartily recommend[ed]” her for 
promotion to LCDR and noted that she “continues to grow in leadership and management judg-
ment and to demonstrate all the attributes necessary for future unlimited success in career path 
for continued command afloat opportunities.” 
 
Report of the Informal Board of Investigation 
 

 
The report states that the XXXX tied up to the mooring ball shortly after midnight on 
December 1, xxxx, and did not contact Naval Station Xxxxxx Pilot Operations either before or 
after tying up.  Once moored to the ball, the cutter’s distance from shoal water of less than 10’ in 
depth ranged from 300 to 425 yards, as the shore arced around.  The boatswain’s mate who used 
a small boat to pick up the mooring line from the ball reported that the line and ball had appeared 
to be in good shape, but he did not inspect the submerged portion of the mooring ball or chain.  
                                                 
3 The comparison scale is not numbered, but the scale has seven possible marks.  A reporting officer completes the 
scale by comparing the reported-on officer with all other officers of the same rank whom the reporting officer has 
known  throughout  her  career.    A  mark  in  the  fifth  spot  means  that  the  applicant,  in  comparison  with  all  other 
lieutenants  whom  the  reporting  officer  had  known,  was  an  “Excellent  performer;  give  toughest,  most  challenging 
leadership assignments.” 

After the XXXX grounded during a severe storm on December 2, xxxx, the RO convened 
an Informal Board of Investigation, which issued a report on January 16, xxxx.  The report notes 
that two sets of written statements and two sets of interviews were required of the crew and that 
the lieutenant initially assigned to investigate the mishap was relieved of her duties on December 
10,  xxxx,  for  reasons  unrelated  to  the  investigation.    In  addition,  the  investigators  contacted 
several current and former captains of Coast Guard patrol boats in the Xxxxxx District, as well as 
the Executive Officer of Naval Station Xxxxxx. 

 
The report recounts the following facts regarding the grounding:  After encountering 5’ 
waves and faced with a forecast of 6’ waves in Xxxxxx on November 30, xxxx, the “command 
cadre” of the XXXX, which consisted of the applicant as CO, the XPO, and the EPO, met and 
decided  to  drive  the  XXXX  into  xxxxxxxx  and  tie  up  to  a  mooring  ball  near  Naval  Station 
Xxxxxx because the “boat was restricted to seas less than 4 feet.”  They did not conduct a risk 
assessment using the GAR model, as required by the Navigation Standards Manual because, the 
applicant explained, they had “performed this particular evolution before at mooring balls in this 
location as well as elsewhere.”  The ship’s log showed that they had performed a risk assessment 
using the GAR model just four hours earlier, before leaving homeport in Xxxxxx.  The ship’s log 
further revealed that the command cadre regularly performed risk assessments in accordance with 
regulation before leaving a pier, but did not perform them prior to mooring to a pier or mooring 
ball  or  before  getting  underway  from  a  mooring  ball.    The  report  notes  that  the  applicant’s 
standing orders provided that “[w]hen moored to a buoy, the conditions of the buoy chain, cable, 
and sinker become critical.  Since the conditions of most of these items are unknown and beyond 
our control, the [officer of the deck] must constantly be alert.”   

The XXXX had used these mooring balls several times before, and the Navy had never objected.  
The  XXXX  had  most  recently  tied  up  to  one  of  the  mooring  balls  near  the  Naval  station  on 
November 10, xxxx.   

 
After determining that the cutter was holding to the mooring ball, “the XPO, who had the 
conn, put a perimeter box around the cutter on the Transas Nav Sailor 2400, i.e, the ECDIS.  The 
XPO stated he established the size of the box using ‘seaman’s eye’ that he felt was adequate to 
ensure CGC XXXX remained in safe water.  The XPO also established a safe circle round the 
cutter’s position on the THE CAPN, i.e., an electronic chart system provided as a back up to the 
ECDIS/ECINS.  The CO then reviewed and approved the perimeter box.”  The report noted that 
the investigator could not determine the size of the perimeter box used, but a boatswain’s mate 
reported that he normally used a 50-yard radius.  In addition, no alarm or visual alert was set on 
the CAPN, or depth sounder, and no other navigational equipment or technique, such as radar 
navigation points, the depth finder, a paper chart, or visual bearings, was employed to verify that 
the  XXXX  was  not  drifting.    Nor  were  the  swing  and  drag  circles  from  the  mooring  ball 
established.  The XPO secured the main diesel engines in a “immediate stand-by” configuration. 

 
While moored, an “at anchor” watch was set, with 3-hour shifts in which a single watch-
stander was to check the cutter’s position by comparing the current position with the position 
when  first  moored  once  every  15  minutes  and  by  taking  radar  fixes  once  every  30  minutes.  
However, no log of the cutter’s positions during an at anchor watch is kept.  The watchstander 
was also required to make a round of the deck and engine room and to check the mooring line 
once every 30 minutes.  This watchstanding practice had been established under the prior captain. 
Before retiring to her bunk on the night of December 1, xxxx, the applicant also advised the offi-
cer of the deck (OOD) to watch for “dragging and increased winds” and to wake her if the wind 
exceeded 35 knots, which did not occur.   

 
The  XXXX  remained  moored  for  about  20  hours  without  incident.    According  to  the 
cutter’s ECDIS, which records its position, heading, and speed every 10 minutes, the XXXX was 
still  holding  in  place  at  8:20  a.m.  on  December  2,  xxxx.    However,  at  about  8:30  a.m.  on 
December 2, xxxx, the watchstander, a machinery technician third class (MK3), asked a boat-
swain’s mate second class (BM2) who happened to be on the bridge whether he thought that the 
cutter was moving closer to the land.  (At that moment, the applicant, the XPO, and the EPO 
were meeting on the mess deck to make plans for the day.)  The BM2 told the MK3 to check the 
perimeter box on the ECDIS.  The MK3 checked the ECDIS and said that the cutter was not 
within  the  box.    The  BM2  checked  the  ECDIS  to  confirm  this  and  told  the  MK3  to  sound  a 
“General Emergency,” which was noted in the log as happening at 8:32 a.m.  While the MK3 
sounded  the  alarm  and  “made  the  pipe  ‘XXXX  is  dragging  anchor,  Commanding  Officer  and 
Executive  Petty  Officer  lay  to  the  bridge,”  the  BM2  attempted  to  start  the  main  engines  by 
pressing the key switch and then the start button.  The engine lights fluttered, however, and the 
engines  did  not  start.    Because  the  MK3  was  also  unable  to  start  the  engines,  he  went  to  the 
Engine Room just as the applicant and the XPO arrived on the bridge.  The applicant and the 
XPO asked the BM2 why the engines were not running, and the BM2 explained that they would 
not start.  The XPO assumed the conn and ordered the BM2 to go forward and drop the anchor, 
“which was at the ready.”  The XPO tried unsuccessfully to start the engines, and the anchor was 
dropped at 8:35 a.m. 

 

Upon hearing the alarm, the EPO went to the Engine Room and “observed that the LOPs 
were energized as well as that the MDEs were in pilothouse control but were not running.”  After 
seeing the LOPs power off and on again twice, he “proceeded to take engine room control of 
both MDEs and immediately started them.”  Then he transferred control of the engines to the 
pilothouse and went to the main deck.  The log showed that the EPO started the engines at 8:38 
a.m. 

 
Upon gaining control of the engines, the XPO told the investigator, he “clutched the port 
MDE astern” because he thought the cutter was drifting toward the shoals bow first.  He immedi-
ately  heard  the  propellers  strike  the  bottom,  and  put  the  throttle  in  neutral.    (The  applicant 
reported that she thought the cutter was drifting to port and that the XPO clutched ahead; other 
members of the crew also reported that the cutter was drifting into shoal water on the port side.)  
The report also notes that after the propeller struck bottom, “no effort was made to free CGC 
XXXX from the bottom using the MDEs in order to prevent additional damage.”  The applicant 
immediately notified nearby Coast Guard facilities of the grounding and need for help.  Group 
Woods Hole noted receipt of this call at 8:38 a.m.  The applicant was told that help would arrive 
in about one hour.  Therefore, to prevent further damage as the tide rose, the command cadre 
launched a small boat to redeploy the anchor from the stern.  The XXXX was “laying port beam 
to the shore” and when two utility boats arrived from the closest Coast Guard station, they used 
the XXXX’s towing hawser to pull the cutter into deeper water as the tide rose. 

 
According to the crew, the mooring ball remained tied to the XXXX while it drifted and 
was not cut loose until after the cutter ran aground.  The XXXX was moved to the Naval station 
pier and, because of damage to the propellers, rudders, and skeg, did not return to service until 
December 22, xxxx.   

 
The  report  states  that  the  “command  and  crew  of  CGC  XXXX  were  cooperative  and 
professional  throughout  the  investigation.”    Testing  revealed  no  alcohol  or  illegal  drug  use 
among the crew.  During the investigation, neither the applicant nor her crew were advised of 
their right against self-incrimination because there was no evidence that the grounding resulted 
from willful misconduct.   

 
The report notes that prospective captains of xx patrol boats receive “minimal training on 
the  capabilities  and  use  of  installed  navigation  equipment”  before  reporting  aboard,  whereas 
prospective captains of larger cutters receive three weeks of mandatory pipeline training on the 
ECPINS  system  before  assuming  command.    The  report  further  noted  that  before  reporting 
aboard the XXXX, the applicant had submitted a request to attend such training, but her request 
was  denied.    However,  the  crew  had  successfully  completed  drill  training  in  special  and 
emergency operations and procedures in October xxxx. 

 
Regarding the mooring ball, the report states that Navy personnel recovered it and found 
that its chain had broken, detaching the ball from its anchor on the sea bed.  The Navy had origi-
nally put seven mooring balls in that part of the bay in the early 1990s as “heavy weather moor-
ings” for a program that was moved from the area in 1994.  By December 1, xxxx, only three of 
the  seven  remained  in  place,  and  the  Naval  station  did  “not  have  any  records  regarding  the 
moorings’ maintenance history, nor do they have established protocols governing their use.”  On 
December 5, xxxx, the Xxxxxx District office issued a broadcast notice prohibiting any vessel 
from  mooring  to  the  two  remaining  mooring  balls,  and  they  were  removed  by  a  Coast  Guard 

buoy  tender  on  December  10,  xxxx.    A  tag  on  one  of  the  balls  removed  noted  that  the  next 
service  date  was  May  9,  1993,  but  the  Navy  claimed  to  have  inspected  them  once  every four 
years.  The diameter of the links of the broken chain, which was originally 1.5”, had worn down 
to as little as 0.25”.  Several COs and OICs of Xxxxxx District vessels stated that they had heard 
of Coast Guard vessels using the mooring balls in the past, but none stated that they had used 
them recently. 

 
The report of the investigation further notes that because a prior EPO had begun the prac-
tice  of  de-energizing  the  LOPs  with  the  key  switch  while  at  anchor  to eliminate false alarms, 
instead of leaving them energized, it would have taken the XXXX’s engines about 52 seconds to 
start since they were cold from disuse.  There was no policy or standard in place to prohibit this 
practice when a cutter is in “immediate stand-by.” 

 
The report states, based on the ECDIS report of the cutter’s position and speed at 8:30 
a.m.,  that  the  watchstander  noticed  the  cutter  was  drifting  about  one  or  two  minutes  after  the 
mooring ball broke loose from the sea bed.  Given the wind and current at that time, the XXXX 
would have grounded between 8:35 and 8:38 a.m.  The report praises the crew’s swift actions in 
trying to prevent the grounding and to minimize damage afterward. 

 
The  report  notes  that  the  lack  of  a risk assessment by the command cadre prior to the 
mooring was “striking” but that, even if they had conducted one, the applicant might still have 
chosen  to  use  the  mooring  ball  since  the  XXXX  had  used  them  before.    However,  if  a  risk 
assessment had been conducted, the applicant might have thought to set the XXXX’s own anchor 
or to dock at the pier.  The applicant admitted to the investigator that her decision to tie up to the 
mooring ball, rather than dock at the pier, was influenced by the fact that time spent tied to a 
mooring ball counts toward a cutter’s total operational hours, whereas time spent docked at a pier 
does not.  Other captains interviewed by the investigators admitted that they too had sometimes 
used mooring balls instead of piers for just this reason. 

 
The  report  also  notes  that  neither  the  applicant  nor  the  XPO  used  all  of  the  available 
equipment and navigational tools available on the XXXX that might have warned them a minute 
or two earlier that the vessel was drifting.  Their failure in this regard “was likely related to the 
minimal formal training provided by the Coast Guard to the CO [applicant] and other members 
of XXXX’s navigation team so that they could take maximum advantage” of the alarms available 
on the equipment.  In addition, neither the MK3 nor the BM2 knew how to start the engines from 
the pilothouse, even though they had qualified as OODs.  The report finds that the grounding 
might have been prevented had the engines been started just a minute or two earlier, which could 
have  happened  if  the  applicant  or  the  XPO  had  set  the  alarms;  if  the  LOPs  had  not  been  de-
energized  during  the  mooring;  or  if  the  MK3  or  BM2  had  been  familiar  with  all  the 
responsibilities of an OOD and thus known how to start the engines from the bridge. 

 
The  report  notes  that  the  fact  that  the  OOD  was  on  the  bridge  when  the  mooring  ball 
broke loose and so quickly noticed the cutter’s movement was a lucky circumstance given all of 
the duties of the OOD.  The report found that having only one person on watch under such cir-
cumstances was “not prudent” because the OOD could easily have been in the Engine Room and 
not noticed the cutter’s movement. 

 

The board of investigation found that the applicant “negligently caused CGC XXXX to 
be  hazarded”  by  not  completing  a  risk  assessment  before  mooring;  by  using  the  mooring  ball 
based  only  on  prior  experience  and  second-hand  knowledge  that  they  had  been  used  by  other 
patrol boats in the past; and by ignoring the standing orders, which explicitly related the safety of 
the cutter to the material condition of any mooring ball it used.  In addition, the board noted that 
the applicant had to be held accountable because the responsibility of a ship’s captain under para-
graph 4-1-2-A of Coast Guard Regulations and longstanding tradition “is absolute.”  The board 
stated that “although the [applicant] could be charged with violating Article 110(b) of the UCMJ, 
punitive measures may not be the most appropriate means of holding the CO accountable for her 
negligence  in  this  matter.”    The  board  recommended  that  the  applicant  be  counseled  with  an 
Administrative Letter of Censure but remain in command of the XXXX.  The board also recom-
mended a list of changes that should be made in procedures and training aboard the XXXX and 
on xx vessels and in training throughout the Coast Guard. 

 

 

The RO’s Action on the Report of the Investigation as the Convening Authority 

 
On March 1, xxxx, the applicant’s Supervisor, who was the Group Operations Officer, 
charged the applicant with hazarding the XXXX in violation of the UCMJ.  On March 19, xxxx, 
the RO forwarded to the District Commander the report of the investigation into the grounding of 
the XXXX on December 2, xxxx.  In his endorsement of the report, he noted that the cutter was 
doing work for another command when it stopped in xxxxxx, which was not within his sector’s 
Area of Operations.  He also noted that a cutter’s quarterly quota of operational hours does not 
take into account weather conditions, which might put pressure on captains to “burn hours” by 
tying up to mooring balls instead of docking at piers.  Regarding the applicant’s decision to use 
the ball, he noted that the “importance and criticality of a mooring system and the knowledge of 
its material condition prior to mooring are explicitly underscored in the Commanding Officer’s 
standing orders”; that one cannot determine the condition of a mooring ball chain from aboard a 
boat; and that the command cadre should have noticed that of the seven mooring balls shown on 
the chart they were using, only three remained, which was a “red/amber flag.”  The RO stated 
that in his first telephone call with the applicant after the grounding, he asked her who owned the 
mooring  ball  and  whether  it  was  Navy  or  commercial.    She  replied that she was not sure but 
thought it belonged to the Navy.  When he asked if she had checked with the Navy before using 
the ball, she said, “No, we’ve used them before and I never had to ask anyone to use them.”  The 
RO also noted that the Navy had been negligent with respect to the mooring balls, which created 
“an accident waiting to happen.” 

 
Regarding the crew’s actions after tying up, he stated that the reliance of the applicant and 
the XPO on “seaman’s eye” in setting the perimeter box and their inability to remember the size 
of the box or the safety circle was disturbing.  In addition, he noted that the XXXX had been 
“gigged” during the October training for not having a written navigation log, and there was still 
none  in  use  when  the  cutter  grounded.    Given  the  weather  conditions  and  proximity  to  shoal 
water, the RO wrote, he found the applicant’s failure to leave written orders for the overnight 
watch imprudent.  He claimed that most of the captains he questioned reported that they main-
tained two-person anchor watches and that the applicant had never told him that she believed her 
crew or herself to be inadequately trained.  He also opined that there was insufficient explanation 
for the “apparent 5 to 6 minute delay” in starting the engines from the moment the cutter’s move-
ment was noticed. 

The  RO  recommended  that  the  applicant  remain  in  command  because  of  “her  overall 
effective and productive performance” but disagreed with the recommendation in the report that 
she be given only an Administrative Letter of Censure.  He attributed the grounding to the appli-
cant’s “complacency” and recommended that she “at a minimum” be taken to mast to provide her 
“the opportunity to formally recognize (and demonstrate) ownership of the full responsibility of 
command at sea” and to explain her failure to conduct a risk assessment and her decision to use 
the mooring ball in question given the weather and the proximity to shoal water.  He concluded 
that the applicant  

 
must  understand  the  ultimate  accountability  for  the  decision  making  process  employed  prior  to 
mooring, for the decision to actually moor where XXXX eventually did, for the potentially weak 
training  posture  of  her  crew,  for  the  inadequate  or  inattentive  shipboard  policies,  procedures  & 
practices,  and  for  all  actions  taken—good  and  bad.    As  the  investigation  has  documented, 
numerous issues could have resulted in additional charges of violation of the UCMJ (which will 
individually need to be addressed, remedied or otherwise corrected).  I specifically declined to do 
so, however, preferring to concentrate on the fundamental and principal issue (and oversight) of 
the  Commanding  Officer’s  responsibility  for  decision-making,  risk  assessment,  and  the  eventual 
mooring  to that mooring ball. … I am personally and professionally saddened and disappointed 
that an otherwise capable and still promising officer, under my command, failed to make the right 
decisions  the  right  way.    That  is  my  ultimate  and  full  responsibility,  and  no  one  else’s, and for 
which I fully accept. 
 

Admiral’s Mast and Administrative Letter of Censure 

 
On April 15, xxxx, the District Commander held a mast to address the charge against the 
applicant of negligently hazarding a vessel.  She dismissed the charge with a warning, and on 
April 19, xxxx, in lieu of any punishment, gave the applicant an “Administrative Letter of Cen-
sure,” which is not entered in an officer’s military record.  The letter, which was submitted by the 
applicant, states the following: 
 

1.    Commander,  Group  xxxxxxxxxxx  convened  an  investigation  to  determine  the  causes  of  the 
grounding of USCGC XXXX, under your command, in xxxxxxxxxxxxx on 02 December 03.  The 
cutter grounded while attached to a mooring ball whose anchoring chain parted, causing the cutter 
to  drift  shoreward.    The  report  of  investigation,  the  action  of  the  Convening  Authority,  further 
investigation  action  taken  by  the  District  staff,  and  the  mast  I  held  on  15  April  03  reveal  that 
several factors contributed to the casualty, including: 
 
 
a.    An  inadequate  risk  assessment  conducted  by  the  XXXX  command  cadre  prior  to 
deciding to use the mooring ball off NAVSTA Xxxxxx.  The risk assessment did not fully address 
expected  weather  conditions,  proximity  of  the  mooring  ball  to  shore,  and  consideration  of  the 
worst-case scenario. 
 
 
b.  Minimal knowledge of the true condition of the mooring ball other than dated word of 
mouth recommendations and a limited visual inspection of the ball, but not its anchoring system, 
by the cutter’s crew.  NAVSTA Xxxxxx, the owners of the mooring ball, was not contacted, and 
there  was  no  knowledge  of  the  tensile  strength  of  the chain holding the mooring to the bottom.  
You relied primarily on faith in deciding to use this mooring ball. 
 
 
c.  Once tied to the mooring ball, navigation safeguards in place were minimal, consisting 
only of a “perimeter box” drawn on the ECDIS system using best-guess estimates on size that did 
not consider the scope of the chain on the mooring ball.  While the radar VRM was also used to 
determine the cutter’s position relative to shore, other available methods were not used. 
 

  

d.  Establishment of a one-person anchor watch with no written night orders and minimal 
 
task direction.  Fortuitously, the casualty occurred in daylight, when more than one person hap-
pened to be on the bridge, and a crewmember using seaman’s eye determined the cutter was drift-
ing. 
 
2.   In short, complacency clouded your ability to identify and mitigate the risks inherent in this 
relatively routine mooring.  It was only good luck and quick action by members of your crew after 
the chain parted that kept this casualty from being a true disaster.  As the Commanding Officer, it 
is  your  job to ensure that complacency does not set in.  You should never be satisfied with the 
answer “it’s OK because we’ve done it before.”  You must constantly re-evaluate the risks before 
you,  take  appropriate  action  to  mitigate  risks  you  identify  and,  where  necessary,  go  beyond  the 
requirements of “the book” to ensure the safety of your crew and the cutter.  I expect nothing less. 
 
3.    I  am  heartened  by  the  corrective  action  you  have  taken  in  the  aftermath  of  the  grounding, 
including acquiring new equipment to ensure greater awareness of the cutter’s status from areas 
other than the bridge, enhanced training, and new procedures to ensure this incident does not recur.  
I am also impressed with the manner in which you and your crew have performed since the casu-
alty and the state of morale and esprit de corps on your cutter.  You must continue moving forward 
in  this  manner.    As  I  have  told  you,  I  expect  you  to  be  the  best  patrol  boat  commander  in  the 
Xxxxxx District.  It is up to you to make that happen. 
 
4.  Per paragraph 8.E.4. of [the Personnel Manual], this letter is corrective in nature, and is not 
punishment for an offense.  It will not be included in any unit files or official reports, including 
officer evaluation reports or the final report of investigation, when it is completed. 

 
Action of the Final Reviewing Authority for the Investigation 
 

On June 15, xxxx, the District Commander took final action on the report of the investi-

gation.  She added many facts to the report, including the following in pertinent part: 

 

•  The XXXX and other xx patrol boats “are authorized to conduct primary missions 

in conditions up to Sea State 5.  Sea State 5 is the equivalent of 16-foot seas.” 

•  Commanding  officers  are  required  by  the  Navigational  Standards  Manual  “to 
incorporate  the  principles  of  effective  mission  analysis  and  risk  assessment  into  their 
navigation planning.” 

•  “There is no specific written procedure for patrol boats regarding the use of moor-

ing balls.” 

•  The  crew  of  the  XXXX  did  not  know  the  length  of  the  chain  connecting  the 

mooring ball to its anchor and so could not know its radius action. 

•  The command cadre did not know “the scope of the mooring” when the perimeter 

box was established. 

•  “The x-foot patrol boat fleet utilizes a standard PQS [personnel qualification stan-
dard] for ‘At-Anchor OOD Watch.’  This PQS expands upon the normal in-port OOD 
watch-standing and includes plotting, starting engines, and emergency procedures.  While 
at anchor or moored, a patrol boat may maintain a one-person watch schedule.  While 
underway, a patrol boat must maintain a two-person bridge watch schedule and an engi-
neering watch.” 

•  Private mooring balls must be permitted by the Coast Guard to provide oversight.  
“The Department of Defense, however, is specifically exempt from seeking a permit or 
maintaining the aid as required under the statute.  See 14 U.S.C. 83.” 

 
The  District  Commander  concluded  that  “[t]he  root  cause  of  the  grounding  of  the 
USCGC XXXX on 02 Dec 03 was the culture of complacency that existed on board the vessel.  
This complacency fostered an environment in which tying the vessel to an unsafe mooring ball 
was determined to be a safe evolution primarily because ‘[the practice] had been done before.’  
When  routine  practice  breeds  inattention  to  detail,  the  ability  to  identify  and  mitigate  risks 
becomes clouded.  It is inherent in the proper operation of each and every Coast Guard vessel 
that the Commanding Officer conduct constant evaluations of risks to ensure the safety of the 
vessel and its crew, even when faced with routine ‘day to day’ operations.  A Commanding Offi-
cer should remain ever vigilant.” 
 
Disputed OER 
 

The second OER that the applicant received as captain of the XXXX is the disputed OER 
in this case and covers her service from June 1, xxxx, through June 11, xxxx.  The OER contains 
two mediocre marks of 4 for the categories “Judgment” and “Responsibility,” five marks of 5, 
eleven marks of 6, and a mark in the fourth (middle) spot on the comparison scale.  It also notes 
her receipt of a Commandant’s Letter of Commendation Ribbon Bar for catching a commercial 
fishing vessel with a very large, illegal load of xxxxxx hidden on board on March 7, xxxx.  The 
comments concerning the grounding of the XXXX are shaded in the table below: 

MARKS AND COMMENTS IN DISPUTED OER 

MARK  WRITTEN COMMENTS 

6 

5 

6 

6 

5 

6 

6 

6 

6 

5 

6 

Noteworthy effectiveness w/ multi-agency plng/ops, GUARDING LIBERTY (xxxxx), LIBERTY 
SHIELD, NOBLE EAGLE & ATLANTIC VENTURE II (DXX).  PATCOM & OSC during numerous 
ops, resp for security zone enf & protecting Tier 1 assets during periods of heightened HLS con-
ditions … xx building in xx, DXX MDA objectives, xxxx POTUS OPS … active & overt efforts 
resulted in fortified MHLS presence & successful mission completion.  Outstanding coop w/ & 
support provided to USSS, CGIS, NMFS, State LE agencies & xxxx, revered for flexibility, work 
ethic & response.  U/W w/ high DXX optempo/sked completed 3 SAR cases, 25 boardings, 5 
LNG escorts, 2 sub escorts & multiple ferry/cruise ship escorts, saved 2 lives & thousands $$ in 
pers property.  Successfully coord & prosecuted multiple LMR ops, incl Machias Op, throughout 
DXX, efforts of unit resulted in revision of WPB tactics during LMR ops across DXX, deterred 
over-harvest of scallop & xxxx fishery.  Conducted largest catch seizure inxxxxxxxx’s recent 
history w/ over 29K lbs of multispecies valued @ $30+K … generated huge positive media cvrge 
… hi praise rcvd fm DXX.  100% PMS completion across all divs.  Following grnding (moored to 
an unmaintained USN mooring ball whose anchor chain failed) quickly rectified problems, 
improved SOPs/trg, passed lessons learned to CPB fleet … resulted in changes to xx CPB 
pipeline training & revitalization of DXX cutter RFO prgm. 

Comfortable in all venues, incl spkng w/ USSS & xxxx as liaison.  Provided in-depth WPB brief to 
Royal Malaysian Navy … positive reception, reflected greatly upon WPB fleet & CG.  Presented 
lessons learned from grounding incident at WPB COs conference … experience provided others 
w/ better appreciation for risks and situational preparedness.  Well written & comprehensive 
correspondence, FIRs, AARs, ConOps.  Prepared a flawless LMR file package for slam-dunk 
case, greatly assisted prosecution efforts.  Required quality written work from XPO/CPO. 

Actively reviewed crews ADCs & frequently engaged EPM, maintained health of assignment 
process.  Sought special opportunities/assignments for crew & championed unit striker program, 
resulted in 2 advancements, 1 mbr sel for CGIS, 1 mbr sent to & grad OCS & 3 mbrs striking, 
BM2 completed DWO quals.  Assisted mbr during wife’s complicated pregnancy, command 
representation fostered spirit of ‘CG-family.’ Led highly active morale program … coordinated 
ship’s parties, BBQs, sporting events & bowling tournaments … resulted in improved teamwork.  
Post mishap, ensured Critical Incident Stress (CIS) tm provided necessary assist to crew, 
allowed crew to address concerns, yet remain focused on missions.  Sought formal recog for 
subords … approval of 6 COMDT LOCs, 2 CG Ach Mdls & 2 CG Comm Mdls.  Provided sound 
ldrshp during a myriad of high-optempo MHLS ops … sector cmdr for OP LIBERTY SHIELD, 

 

# 
CATEGORY 
3a  Planning and 
Preparedness 

3b  Using 

Resources 

3c  Results/ 

Effectiveness 

3d  Adaptability 

3e  Professional 
Competence 

4a  Speaking and 

Listening 

4b  Writing 

5a 

Looking Out 
for Others 

5b  Developing 

Others 

5c  Directing 

Others 

5d 

Teamwork 

5e  Workplace 

Climate 

5f 

Evaluations 

5 

6 

PATCOM for numerous LHG/LNG escorts, key asset during Fleet Week.  OSC for SAR case inv 
F/V xxxxxxxxxxxxxxxx, included MEDEVAC & subsequent disabled vsl tow.  Active w/ community 
relations, nearly 100% participation by unit pers in local blood drives, Salvation Army assist, 
CGMA & CFC.  Implemented EPEF sys … 11 evals comp & well doc’d w/ no returns, no 
appeals.  Own OER [input] timely and thorough. 

Signature of the Chief of Group Operations, dated June 7, xxxx 
Reporting 
Officer’s 
Comments 

NA 

6 
7 

8a 

Initiative 

8b 

Judgment 

8c  Responsibility 

8d  Professional 

Presence 

8e  Health & Well-

Being 

9 

Comparison 
Scale 

6 

4 

4 

5 

6 

4 

10  Potential 

NA 

Concur w/ [Supervisor’s] comments.  Incomplete risk assessment, overfamiliarity with op area 
led to unfortunate grounding mishap when vsl broke free from an old unmaintained USN mooring 
ball, costing CG approx $65K to effect repairs, preventing XXXX fm being fully operational.  
Aggressively and completely executed all assigned missions in demanding hi WPB optempo 
environment.  Superb execution, prosecution of F/V xxxxxxxxxx II xxxxx violation, catch seizure 
garnered major positive media covrge … crew received hi praise from District & other federal 
agencies. 
Key coord/plner for successful LMR pulse op in GRU SW Harbor.  Obtained desperately needed 
SWSIII for ship’s ofc, used by crew to complete admin, finance, purchasing & CMPlus tasks.  
Participated in xx CPB manpower analysis conf, input re watch standing limits resulted in blt 
structure study.  Improved unit security, watchstanding practices by developing policies & 
brokered for security monitors & cameras to be placed in engine room & mess deck … initiatives 
greatly improved watch standing, several ideas adopted by DXX CPB fleet.  Defensive, narrow 
grasp of ldrshp ownership re grounding incident … but eagerly presented lessons learned from 
event at WPB conf … willingness to share exp & better practices/procedures reflected greatly 
upon personal, professional character.  Arranged for DXX TCT expert to conduct trng on RAM 
principles; active RISK/GAR program.  Sustains healthy public affairs program, works well w/ 
media & freq provides tours of WPB to VIPs, other agencies, sea cadets, prospective Coasties.  
Well within CG weight standards & adheres to personal fitness regime … personally coordinated 
unit fitness activities … competes regularly in road races, marathons & soccer leagues, 192 mi 
TOM’s Run (11 pers 24 hr relay). 
[A mark of 4 means that in comparison with other lieutenants, the RO rated the applicant as a 
“[g]ood performer; give tough, challenging assignments.”] 
Considering the grounding of the XXXX and matters following the incident, I was disappointed in 
[the applicant’s] initial grasp/understanding of the responsibilities of leadership and command … 
I believe the experience has provided this officer a tremendous invaluable learning, leadership 
growth opportunity.  [She] possesses a wide range of personal and professional qualities and 
skills commensurate with an officer of unlimited potential … desires & would be an excellent 
candidate as a US Embassy CGLO or for pg studies in international affairs.  Should be 
considered for assignments of greater challenge and responsibility … is fully recommended for 
promotion to LCDR with peers. 

11  Signature of the Sector/Group Commander as the Reporting Officer, dated June 11, xxxx  
12  Signature of the Reviewer, Chief of the Xxxxxx District Office of Search and Rescue, dated July 2, xxxx 
 

REVIEWER COMMENTS 

(Optional except when Reporting Officer is not a CG officer or CG SES) 

Concur with assigned marks.  However, I must point out that the marks assigned for judgment and responsibility (both 4) 
were primarily based upon a single incident (XXXX grounding) and are not indicative of this officer’s performance for the vast 
majority of this reporting period.  I do not agree that [the applicant] showed a “defensive, narrow grasp of leadership 
ownership” after the grounding incident.  In fact, [she] worked hard with both the mishap investigator and the administrative 
investigator to identify causes of the grounding and to propose solutions to prevent recurrence.  As a result, XXXX’s 
electronic charting training, and the cutter’s watchstanding procedures have been modified.  In addition, [she] has shared 
lessons learned with all DXX patrol boats, increasing their situational awareness and improving readiness fleetwide. 
[The applicant] learned a hard lesson about complacency during the grounding incident.  However, she learned the lesson 
well and recovered quickly, subsequently earning a Commandant’s Letter of Commendation for performance during the 
largest catch seizure in recent DXX history.  I have complete confidence in her seamanship, leadership, responsibility, and 
integrity.  [She] is well qualified and highly recommended for command at sea.  As stated by the Reporting Officer, “[the 
applicant] possesses … personal and professional qualities and skills commensurate with an officer of unlimited potential.”   
I strongly recommend [her] for promotion to LCDR. 

 
 
 
After  completing  her  tour  as  captain  of  the  XXXX,  the  applicant  became  a  training 
manager for the Coast Guard’s Office of xxxxxxxxxxxxxxxxx.  On her first two OERs in this 
position, she received very high marks in the performance categories, a mark in the fifth spot on 
the comparison scale, and her reporting officer’s strong recommendation for promotion and for 
command assignments ashore and afloat.  On her third OER in this position, she received six 
marks of 7 (best possible mark) in the performance categories, a mark in the fifth spot on the 
comparison  scale,  and  her  reporting  officer’s  highest  recommendation  for  promotion.    The 

applicant was not selected for promotion to LCDR in August xxxx, when she was “in the zone” 
for promotion with her peers, but she was selected for promotion in August xxxx after receiving 
a superb OER with six marks of 6 and twelve marks of 7 in the various performance categories 
and  a  mark  in  the  sixth  spot  on  the  comparison  scale,  which  means  that  she  was  “strongly 
recommended for accelerated promotion.” 
 

VIEWS OF THE COAST GUARD 

 
 
On May 29, 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 argued 
that the applicant has failed to prove by “clear and convincing” evidence that the disputed OER 
was  erroneous  or that the RO should have been disqualified from her rating chain.  The JAG 
argued that the record indicates that “the rating chain carried out their duties fairly and objective-
ly by accurately marking the Applicant in accordance with the Coast Guard’s Personnel Manual.”  
The JAG argued that the applicant has submitted insufficient evidence to rebut the presumption 
that the RO acted correctly and in good faith in evaluating her performance or to prove that he 
should have been disqualified due to bias.  The JAG stated that the fact that the RO disagreed 
with and overruled the applicant regarding how to handle the punishment of a crewmember is not 
grounds  for  disqualification  of  a senior officer of a rating chain.  The JAG further stated that 
while the RO may have been frustrated with the delay in the mast proceedings, his “red face” is 
due to his diagnosed rosacea,4 and not to any animus toward the applicant. 
 
 
The  JAG  further  stated  that  the  six  OER  comments  about  the  grounding  of  the  cutter, 
including the comments about the financial and operational impacts of the grounding, were rea-
sonable, appropriate, and accurate and did not violate any statute or regulation.  Because the JAG 
found no error in the disputed OER, he chose not to make any argument about whether the appli-
cant  would  be  entitled  to  the  removal  of  her  failure  of  selection for promotion in xxxx  if the 
Board finds that the disputed OER is erroneous. 
 

The JAG  attached to his advisory opinion a memorandum on the case prepared by the 
Coast Guard Personnel Command (CGPC).  CGPC noted that the applicant did not exercise her 
right to apply to the Personnel Records Review Board for correction of the disputed OER within 
one year of its entry in her record.  CGPC sought and submitted declarations from the applicant’s 
rating chain, which are summarized below. 
 
Declaration of the Reviewer for the Disputed OER 
 
 
In  a  declaration  dated  March  9,  2008,  the  Reviewer,  who  is  retired  from  active  duty, 
stated that as Chief of Search and Rescue for the Xxxxxx District, his duties included oversight 
of  all  the  patrol  boats  and  their  commanding  officers,  including  the  applicant.    He  stated  that 
because four years have passed since the XXXX grounded, his “recollection of the events has 
faded somewhat” but that he stands by the comments he added to the disputed OER on July 2, 
xxxx.  “However,” he also stated, “I did not believe, and I do not now believe, that the OER was 
inaccurate, unfair, or lacking in objectivity.  Had I believed that any of those were true, I would 

                                                 
4 Rosacea is “a chronic hyperemic disease of the skin, usually involving the middle third of the face, characterized by 
persistent erythema … .”  DORLAND’S ILLUSTRATED MEDICAL DICTIONARY, 29th Ed. (2000) p. 1585.  Erythema 
is “redness of the skin produced by congestion of the capillaries.”  Id. at 617. 

have returned the OER to the reporting officer … for correction.”  The Reviewer stated that he is 
not  aware  of  any  animosity  between  the  RO  and  the  applicant,  either  before  or  after  the 
grounding.  He stated that when he visited Xxxxx Harbor, the applicant discussed with him her 
belief that the cutter “could be better employed elsewhere.  I noted her concerns and discussed 
them later with the Xxxxxx District staff. … [The applicant] did not tell me of any concerns with 
her chain of command or with [the RO].” 
 
The Reviewer stated that he does not believe that the District staff pressured the RO to 
 
convene a mast for the applicant, but the District “was, however, anxious to complete the inves-
tigation of the incident.”  The Reviewer stated that he himself twice asked the RO to expedite the 
investigation and his endorsement of it.  On March 12, xxxx, when CDR L called him and said 
that the RO had said the mast had to be held right away because of pressure from the District 
office, the Reviewer called the District Legal Office to ensure that no one was pressuring the RO 
to convene a mast.  Then either he or someone from the Legal Office called the RO and “clarified 
with him that our desire was to get the endorsed incident investigation, not to hold an immediate 
mast.”  The following week, the District Legal Advisor advised the Reviewer that the District 
Commander had decided to hold the mast herself.  The Reviewer did not attend the mast. 
 
The Reviewer stated that it was not unfair for the rating chain “to use the grounding of a 
 
cutter as an example for a multitude of performance categories” since the applicant “was respon-
sible  for  the  safe  operation  of  XXXX.”    He  noted  that  the  investigation  showed  that  she  had 
failed to perform a risk assessment and “allowed a culture of complacency to exist onboard the 
vessel.”  When he reviewed the disputed OER, he did not believe that the comments regarding 
the grounding were unfair.  The Reviewer concluded his declaration by affirming his own com-
ments  in  the  disputed  OER,  strongly  recommending  the  applicant  for  promotion,  and denying 
that the disputed OER was “inaccurate, unfair, or lacked objectivity.” 
 
Declaration of the Reporting Officer for the Disputed OER 
 
The RO, who retired from active duty in June xxxx, stated in a declaration dated February 
 
29,  2008,  that  because  of  her  performance,  complacency,  and  judgment  with  respect  to  the 
grounding,  the  applicant  received  an  Administrative  Letter  of  Censure,  not  from  himself,  but 
from  the  District  Commander.    The  RO  stated  that  he  is  very  disturbed  by  the  District  Com-
mander’s insinuations in her January 2008 letter because it was the District Commander herself 
who first suggested that he relieve the applicant of command during their first telephone conver-
sation after the grounding.  At the time, she was not yet the District Commander but was the 
Chief of the District Operations Division, and as such she was his direct supervisor.  However, 
he did not relieve the applicant of command.  Later, the District Chief of Staff also put pressure 
on him to relieve the applicant of command.  The RO stated that his refusal to relieve the appli-
cant of command in the face of this pressure from his direct supervisor and the District Chief of 
Staff is evidence of his objectivity and fairness toward the applicant.  Moreover, the RO stated, 
the insinuations in the District Commander’s January 2008 letter clearly contradict the OER the 
District Commander prepared for him and the Meritorious Service Medal she awarded him at his 
retirement ceremony in June xxxx. 
 
 
Regarding  the  applicant’s  allegation  that  he  had  invited  her  to  lunch  to  discuss  the 
disposition of the FA’s situation, the RO denied ever inviting her to lunch.  He stated that he only 
asked her to meet him at the Academy and decided that it would be appropriate to include the 

Deputy Group Commander; the senior Group Reserve Officer, who was female; and the Station 
Commanding Officer, who was African American and prior enlisted, like the applicant.  The RO 
stated that the purpose of the meeting  
 

was  ENTIRELY  in  support  of  [the  applicant].    It  was  a  concerted  and  thoughtful  advisory  and 
counseling effort to help and encourage her to recognize the tremendous leadership and command 
opportunity she had before her to take advantage of with her crew in holding the Fireman Appren-
tice  (also  an  African  American  who  had  been  immediately  removed  from  the  vessel  upon  first 
notice  of  his  alleged  offenses)  who  had  visited  prohibited  and disturbing websites on the ship’s 
computer, accountable [to] herself as the unit Commanding Officer.  The easy thing for her and me 
was to buck the issue up to me … the more profound, meaningful, and valuable opportunity for her 
leadership development was for her to take advantage of that opportunity herself.  I wanted to pro-
vide  her  with  support  and  perspective  from  all  possible  demographic  angles  for  her  genuine 
enlightenment.  Once the perceived threat to her well-being by the FA’s actions was assessed and 
resolved, it was the seasoned collective judgment of the “intervention team” I had assembled that 
having  [the  applicant]  take  responsibility  for  and  act  upon  this  leadership  issue  at  her  unit  was 
overwhelmingly the best thing for her, her crew, and the FA. 

 
The RO further noted that he himself denied the FA’s appeal of the punishment the applicant 
awarded him. 
 
 
Regarding  the  applicant’s  claim  that  he  ignored  the  applicant’s  recommendations  con-
cerning the use of patrol boats in Xxxxx Harbor after the invasion of Iraq, the RO stated that the 
XXXX  was  not  under  his  operational  control  when  deployed  in  Xxxxx  Harbor  because  the 
XXXX was “chopped” to Xxxxx Xxxxx at the time and so he did not have the jurisdiction to 
make  the  changes  she  requested.    The  RO  stated  that  when  he  received  her  comments  he 
forwarded them to the District office and did not feel obliged to inform her of his actions with 
regard  to  her  suggestions.    The  RO  stated  that  the  applicant  was  “in  no  way  entitled  to  any 
‘apology’ from [him] for her mistaken impression that [he] failed to act on her behalf.” 
 
 
Regarding the applicant’s allegation that the District Commander took the matter out of 
his hands, the RO alleged that he had consulted the District Commander and asked her whether 
she wanted to handle the matter or have him do so, and she initially stated that he should handle 
it but later changed her mind. 
 
Regarding the allegation of the Family Advocacy Specialist that his face was red while he 
 
waited to appear as a witness to the mast and her attribution of the redness to agitation, the RO 
stated that he suffers from rosacea, “a skin condition that includes significant episodes (which 
can flare at various times unpredictably) characterized by redness and flushing and blotches.” 
 
 
The RO stated that either the District Commander or CGPC could have returned the dis-
puted  OER  if  they  thought  it  was  unfair  or  the  applicant  could  have  challenged  it  when  she 
received it, but no one questioned his objectivity or fairness.  Now, however, four years later, his 
“actions,  performance,  motives,  attitudes,  and  reputation  [are]  being  slandered,  distorted,  and 
called into question.”  The RO alleged that the content of the Administrative Letter of Censure 
prepared  by  the  District  Commander  supports  his  assessment  of  the  applicant’s  accountability 
was accurate.  He noted that he himself was contemplating issuing her such a letter when he was 
planning the mast.  Rather that relieve the applicant of command, as was suggested by the Dis-
trict Commander (when she was his supervisor) and the District Chief of Staff, the RO stated, he 
showed a “measured, thoughtful, deliberate, and cautious perspective … throughout this experi-

ence in trying to ensure [he] had the full picture in supporting the imperative of accountability 
while  at  the  same  time  trying  to  salvage  the  significant  potential  [he]  saw  and  endeavored  to 
encourage and nurture in [the applicant].”  The applicant concluded that in retrospect and after 
reviewing the records, he is confident that he “performed and executed [his] responsibilities and 
duties in this regard appropriately, professionally, capably, accurately, soundly, objectively, and 
fairly.  The OER in question, in its entirety (the marks selected and ALL included comments) is 
wholly accurate, thoroughly reflective of her overall performance for that particular period, and, 
in [his] humble opinion, should not be expunged from the member’s record.” 
 
Declaration of the Supervisor for the Disputed OER 
 
 
The Group Operations Officer, who was the applicant’s Supervisor, stated in a declara-
tion dated March 9, 2008, that he thought the relationship between the applicant and the RO was 
“always professional” and that the RO worked with female officers with “outstanding profess-
sionalism and mutual respect.”  He was not present in xxxx when the FA was disciplined, and 
the applicant never told him that the event was of any concern to her.  The Supervisor also denied 
any knowledge of her concerns about the XXXX’s deployment in Xxxxx Harbor in xxxx and 
stated that he did not attend the mast.  Regarding the grounding, the Supervisor stated that the 
RO  
 

was  clearly  disappointed  with  the  news  of  XXXX’s  grounding  and  that  [the  applicant]  did  not 
recognize her overall responsibility as Commanding Officer.  [The applicant] never communicated 
that she was responsible.  Instead she seemed to try to avoid the basic tenet of Command.  As a 
previous Commanding Officer of a patrol boat, and permanent Cutterman, I was disappointed with 
this projected attitude.  In a situation when blame & cause were still undetermined [the applicant] 
seemed to duck her command responsibility rather than accept that responsibility for her cutter & 
crew.  I believe [the RO] was very patient waiting for [the applicant] to accept responsibility for 
her cutter and crew but it never occurred.  Based on the investigation completed by the head of the 
Prevention department, LCDR …, I charged [the applicant] with negligently hazarding a vessel. 

 
 
Regarding the disputed OER, the Supervisor stated that the “marks and associated com-
ments are justified.  [The applicant] did a good job recovering from the grounding; however the 
fact that $65K in damage was done to her patrol boat, there was operational impact, and deci-
sions and actions made before (failure to conduct a risk assessment) and after the grounding can-
not be overlooked.”  Regarding the OER comments about the grounding, the Supervisor stated 
that the applicant herself “submitted officer support information indicating how well she recov-
ered from the event and about how she turned things around on her cutter afterward.”  In addi-
tion,  the  Supervisor  stated,  he  “provided  supporting  information  for  the  Reporting  Officer’s 
blocks of the OER and recall numerous conversations with [the RO] regarding the judgment and 
responsibility marks and comments.  I concur with these blocks and believe that they are justified 
and without prejudice.” 
 
 
In  light  of  these  declarations,  CGPC  concluded  that  “the  rating  chain  carried  out  its 
duties” in accordance with the Personnel Manual.  CGPC stated that the applicant has failed to 
prove that there was a conflict or personal interest between her and the RO that would warrant 
his disqualification from her rating chain.  CGPC stated that the fact that the RO did not always 
agree with the applicant is not a reason to disqualify him from the rating chain.  CGPC alleged 
that the six statements in the disputed OER that refer to the grounding are not unfair as it “was a 
significant incident that needed to be documented in the OER.”  CGPC stated that the each of the 
six comments about the grounding “is related to a specific performance dimension and supports 

the assigned marks.  It is a well accepted norm that the same action can support multiple per-
formance dimensions in an OER.”  CGPC alleged that the applicant’s rating chain was “in the 
best  position  to  observe  [her]  performance  and  provide  a  fair,  accurate,  and  objective  OER.  
There  is  no  basis for removing [it] from her record.”  CGPC argued that because the OER is 
valid, there is no reason to remove the applicant’s failure of selection for promotion in xxxx. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 

On July 3, 2008, the Board received the applicant’s response to the views of the Coast 
Guard.  She argued that the JAG’s advisory opinion ignores the fact that the Board’s jurisdiction 
extends to injustices, not just errors.  “As the Secretary’s surrogates, the BCMR members have a 
high  responsibility  to  ensure  fairness  and  to  advance the interests of the service. … Everyone 
recognizes that [the applicant] is an officer of great value to the service.”  Even the RO noted that 
she is an officer of “unlimited potential.”  The applicant stated that the advisory opinion reflects a 
“narrow, cramped view of the BCMR’s function.”  Even if the rating chain did not violate a spe-
cific statute or regulation, she argued, there are still strong grounds for granting relief because in 
light of all the circumstances, the OER is not fair. 

 
The applicant argued that the declarations submitted by members of the rating chain are 
“self-serving  and  sufficiently  defensive  as  to  cast  doubt  on  their  objectivity.”    The  applicant 
pointed  out  that  her  Supervisor  admitted  that  he  has  no  knowledge  of  important  events  that 
affected her relationship with the RO and failed to explain why he and the RO had “numerous 
conversations”  about  the  OER  marks  she  received  for  the  “Judgment”  and  “Responsibility.”  
Regarding the RO’s declaration, the applicant stated that he “obviously resent[s] the unpleasant 
things said about him in the application and the supporting statements of disinterested witness-
es.”  The applicant alleged that the RO’s claim that he never invited her to lunch is “demonstra-
bly wrong” because they met in the parking lot next to the Academy’s café.  She got into his car 
because  he  said  he  had  errands  to  run,  but  he  drove  to  another  building  where  the  “so-called 
‘leadership  intervention  meeting’  was  conducted.”    The  applicant  alleged  that  there  were  no 
errands  and  that  the  meeting  was  an  ambush.    She  argued  that  his  “denial  of  essential  facts 
unfortunately casts doubt on his other assertions.”  Moreover, she argued, that the RO “displayed 
remarkable denseness” in concluding that she herself should handle the mast and punishment of a 
member of her crew who downloaded and printed from the cutter’s equipment “some 50 pages of 
extremely violent documents regarding fantasies concerning the rape and murder of female offi-
cers” and that her resistance to doing so required an ambush by a “leadership intervention team.” 

 
The applicant alleged that when the Sector XO called her on March 11, xxxx, to let her 
know that she had been charged with hazarding a vessel and should report for a mast the next 
day, the only advice he gave her was to “go home, have a glass of wine, and put some faith in the 
Group,”  even  though  she  was  suddenly  “facing  a  serious  legal  proceeding  with  clear  career 
implications.”  This cavalier treatment “speaks volumes about the way the command, led by [the 
RO], approached the matter.  It cannot be reconciled with the benign pose struck in his declara-
tion.”  

 
The  applicant  alleged  that  the  Reviewer’s  declaration  indicates  that  he  “obviously  had 
misgivings  about  aspects  of  the  disputed  OER.    Otherwise,  he  presumably  would  not  have 
attached  comments.”    The  applicant  stated  that  the  Reviewer’s  ignorance  of  the  animosity 
between  her  and  the  RO  is  not  surprising  since  the  Reviewer  worked  in  the  District  office  in 

Xxxxxxx,  whereas  she  and  the  RO  were  hours  away  in  Xxxxxx  and  Xxxxxx,  respectively.  
Therefore,  it  is  unlikely  that  the  personality  conflict  between  the  applicant and the RO would 
have come to the Reviewer’s attention.  The applicant asked for a hearing so that the Board may 
“ask such questions as they deem appropriate, and may also gauge demeanor evidence” since she 
is questioning the RO’s veracity and impartiality. 

 
The applicant argued that the Board should find the disputed OER to be unfair because to 
“take and single incident and use it as a hammer in performance dimension after performance 
dimension—here,  no  fewer  than  six  times—and  also  to  permit  it  to  influence  performance 
dimensions  that  truly  have  nothing  to  do  with  the  incident  at  issue  (e.g.,  speaking  skills)  is 
unfair.”  The applicant stated that whether the number of references to the grounding in the OER 
is unfair is a question of degree for the Board to decide. 

 
In support of her allegations, the applicant submitted three more declarations.  In his sec-
ond declaration on the applicant’s behalf, CDR L stated that he has reviewed the declarations 
from the applicant’s rating chain and compared them with the notes of the events that he made in 
xxxx.  He alleged that the RO’s claim to having held the leadership development “intervention 
team” to help and support the applicant when she indicated that she did not want to take the FA 
to mast in xxxx is inconsistent with the RO’s behavior on March 12, xxxx, as he observed it.  
CDR L stated that on March 12, xxxx, the RO acted as if the applicant’s  

 
professional welfare was of little or no concern.  He was visibly upset with [her] for simply assert-
ing her basic rights to a fair review of the record and a fair and just administrative proceeding.  He 
questioned her competency because she was asserting right that he clearly felt she should waive.  
He castigated her when told of her intention to seek legal counsel.  He suggested that there was a 
“quid pro quo” arrangement that she should respect, i.e., because he did not relieve her of com-
mand,  she  should  not  question  his  intentions  to  hold  a  Captain’s  Mast  with  less  than  24  hours’ 
notice, with no representation, and no time for her to prepare. 
 
CDR  L  claimed  that  the  applicant’s  demand  that  she  be allowed to exercise her rights 
prior  to  mast  led  to  the  RO  “being  relieved  of  his  responsibility  under  the  Uniform  Code  of 
Military Justice.”   He further claimed that because the RO “suffer[ed] the professional embar-
rassment of being relieved of his UCMJ responsibilities, it seems utterly preposterous that any-
one (let alone [the RO]) could then produce an unbiased and objective performance evaluation 
which, in my opinion, the OER in contention clearly is not.” 
 

The Family Advocacy Specialist for the Coast Guard, Ms. S, wrote in her second decla-
ration  on  behalf  of  the  applicant  that,  the  RO’s  rosacea  notwithstanding,  his  behavior  while 
awaiting to appear as a witness at the applicant’s mast “was completely out of character and the 
opposite of every experience I [had] shared with him” on numerous prior occasions.  Whereas 
previously, he had been calm, professional, and engaging in his interactions with her, on the day 
of the mast, his body language—which included pacing, wringing his hands, frequent and loud 
sighing, and changes in his face color—communicated that he “was angry and embarrassed by 
the experience.  He was visibly upset when discussing [the applicant].” 

 
RADM M, a Rear Admiral who served in the Coast Guard for 29 years, reviewed the dis-
puted  OER  at  the  applicant’s  request  and  wrote  that  based  on  his  experience,  “the  OER  does 
overly  emphasize  one  negative  event  (grounding  incident)  that  occurred  during  the  reporting 

period,” which was a year long.  Because she was the captain of an operational cutter, he wrote, 
the rating chain had  

 
a considerable amount of material to cover in the report.  However, in every block there is a men-
tion  of  the  grounding  incident  in  one  way  or  another.  Certainly, the incident should have been 
covered in Block 3 (Performance) by the Supervisor and in Blocks 7 and 10 (RO Comments and 
Potential) by the Reporting Officer, but there is also mention of the incident in every other block 
(4, 5 & 8) with a negative connotation in each.  Additionally, in each reference to the incident in 
these additional blocks, it appears that the comment is meant to be a positive but by the very nature 
of mentioning the grounding incident, the reader is left with the impression that the incident was of 
greater impact to the unit and the member’s overall performance than it may have actually been. 
 
The Rear Admiral further stated that the fact that the Reviewer exercised his discretion to 
add a page of comments indicates that the OER “was not an accurate reflection of this officer’s 
actual overall performance during the period in question.” 
 

APPLICABLE REGULATIONS 

 
Coast Guard Regulations 

 
Article 4-1-2. of Coast Guard Regulations states the following:  “A.  The responsibility of 
the commanding officer for that command is absolute … B.  A commanding officer who departs 
from orders or instructions … takes full responsibility ...”  Article 4-2-2.A. states, 

 
The  commanding  officer  of  a  vessel  shall  be  responsible  for  the  safe  navigation  of  that  vessel.  
This  shall  include:    (1)  Utilizing  all  available  information  concerning the safe navigation of the 
vessel. … (3) Making every effort to obtain from reliable sources, foreign or otherwise, all infor-
mation  that  will  aid  in  safely  navigating  over  proposed  routes  or  ports  to  be  visited.  …  (6)  
Requiring the position of the vessel to be known at all times insofar as it is feasible to do so by the 
utilization of navigational methods, devices, and equipment in accordance with the highest stan-
dards of navigation and seamanship.  (7)  Having the anchors ready for letting go when the depth 
of water is such that they may be used for the prevention or minimization of grounding or collision.  
(8)  … It shall also include insuring that reasonable precautions to maintain the safety and security 
of  the  vessel  while  at  anchor  are  taken;  and  that  personnel  on  watch  are  familiar with the safe-
guards available, such as the use of the anchor buoy, drift lead, weather observations and reports, 
bearing changes, use of engines, radar etc. … (14)  Keeping a night order book, when the vessel is 
at sea, containing standing orders and all other orders affecting the navigation and operation of the 
vessel.  When the vessel is in port, a similar book shall be kept in which are entered all important 
orders given by the commanding or executive officer to the officer of the deck.  (15)  Require the 
use of radar … when it is necessary for the safety of the vessel. 
 
Article 4-2-6 of Coast Guard Regulations states that “the commanding officer may assign 
watch, divisional and other duties to personnel (including cadets) attached to the vessel.  How-
ever, a person shall not be assigned duty as officer of the deck or as engineering officer of the 
watch unless in the opinion of the commanding officer that person is qualified for such duty.” 
Article 4-1-12 states that the “commanding officer is responsible for maintaining discipline on 
board the unit.”   

Coast Guard Personnel Manual 
 
 
Article 10.A. of the Personnel Manual in effect in xxxx governs the preparation of OERs. 
Article 10.A.1.b.1. provides that “Commanding officers must ensure accurate, fair, and objective 

 

evaluations are provided to all officers under their command.”  Every officer normally has a “rat-
ing  chain”  of  three  senior  personnel,  including  a  Supervisor,  the  Reporting  Officer,  and  the 
Reviewer.  Personnel Manual, Article 10.A.2.e.1.e.  Article 10.A.1.c.4. states that the Supervisor 
is “[n]ormally, the individual to whom the Reported-on Officer answers on a daily or frequent 
basis  and  from  whom  the  Reported-on  Officer  receives  the  majority  of  direction  and  require-
ments.”    The  Reporting  Officer  is  normally  the  Supervisor’s  supervisor,  and  the  Reviewer  is 
normally the Reporting Officer’s supervisor. 
 

Article 10.A.2.c.2.e. states that a reported-on officer initiates an OER prior to the end of a 
reporting period and “[m]ay submit to the Supervisor not later than 21 days before the end of the 
reporting period a listing of significant achievements or aspects of performance which occurred 
during the period.” 

 
Article 10.A.2.d.2.a. states that it is the responsibility of the Supervisor to evaluate the 
reported-on officer in the execution of her duties and to prepare the Supervisor’s portion of the 
OER form. 

 
Article 10.A.2.e.2.a. states that it is the responsibility of the Reporting Officer (RO) to 
evaluate the reported-on officer based on direct observation, reports of the Supervisor, and other 
reliable reports and to prepare the RO’s portion of the OER form.  Article 10.A.2.e.2.c. states 
that an RO 

 
[e]nsures the Supervisor fully meets responsibilities for administration of the OES. Reporting Offi-
cers are expected to hold designated Supervisors accountable for timely and accurate evaluations. 
The Reporting Officer shall return a report for correction or reconsideration, if the Supervisor’s 
submission  is  found  inconsistent  with  actual  performance  or  unsubstantiated  by  narrative  com-
ments. The Reporting Officer may not direct that an evaluation mark or comment be changed. 
 
Article  10.A.2.f.2.a.  states  that  the  Reviewer  “[e]nsures  the  OER  reflects  a  reasonably 
consistent picture of the Reported-on Officer’s performance and potential.”  Article 10.A.2.f.2.b. 
states that the Reviewer “[a]dds comments as necessary, using form CG-5315 (series), that fur-
ther address the performance and/or potential of the Reported-on Officer not otherwise provided 
by the Supervisor or Reporting Officer.”  Article 10.A.2.f.2.c. states that the Reviewer “[e]nsures 
the Supervisor and the Reporting Officer have adequately executed their responsibilities under 
the OES. The Reviewer shall return an OER to the Reporting Officer to correct errors, omissions, 
or  inconsistencies  between  the  numerical  evaluation  and  written  comments.  However,  the 
Reviewer may not direct in what manner an evaluation mark or comment be changed.”  Article 
10.A.2.f.2.d.  states  that  the  Reviewer  “[c]ounsels  Reporting  Officers  whose  evaluation  habits 
deviate  significantly  from  the  prescribed  procedures.  Deficiencies  in  OES  performance  on  the 
part of Reporting Officers and Supervisors should be noted for performance feedback and con-
sidered in the respective officers’ OERs.” 

 
 
 

Instructions for Preparing an OER 

 
Article 10.A.4.c.4. instructs Supervisors to assign marks and write comments for the first 
thirteen  performance  categories  on  an  OER  as  follows  (nearly  identical  instructions  appear  in 
Article 10.A.4.c.7. for Reporting Officers, who complete the rest of the OER): 

d.  In the "comments" block following each evaluation area, the Supervisor shall include comments 
citing specific aspects of the Reported-on Officer's performance and behavior for each mark that 
deviates from a four.  The Supervisor shall draw on his or her observations, those of any secondary 
supervisors, and other information accumulated during the reporting period. 
 
 e.    Comments  should  amplify  and  be  consistent  with  the  numerical  evaluations.    They  should 
identify specific strengths and weaknesses in performance.  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.  Mere repetition or paraphrasing of the standards is not sufficient narrative justification for 
below or above standard marks. 

g.  A mark of four represents the expected standard of performance. Additional specific perform-
ance  observations  must  be  included  when  an  officer  has  been  assigned  a  mark  of  five  or six to 
show how they exceeded this high level of performance. … 
 

•   •   • 

•   •   • 

 

b.  For each evaluation area, the Supervisor shall review the Reported-on Officer's performance 
and qualities observed and noted during the reporting period.  Then, for each of the performance 
dimensions, the Supervisor shall carefully read the standards and compare the Reported-on Offi-
cer's performance to the level of performance described by the standards.  The Supervisor shall 
take  care  to  compare  the  officer's  performance  and qualities against the standards—not to other 
officers and not to the same officer in a previous reporting period.  After determining which block 
best describes the Reported-on Officer's performance and qualities during the marking period, the 
Supervisor fills in the appropriate circle on the form in ink. 

 
 
Article 10.A.4.c.8.a. instructs the reporting officer to complete the comparison scale on 
an OER by filling in the circle that most accurately reflects his or her ranking of the reported-on 
officer  in  comparison  to  all  other  officers  of  the  same  grade  whom  the  reporting  officer  has 
known. 
 

Articles 10.A.4.g.1. and 2. of the Personnel Manual provide that a “Reported-on Officer 
may reply to any OER regardless of its content and have this reply filed with the OER.  Replies 
provide an opportunity for the Reported-on Officer to express a view of performance which may 
differ  from  that  of  a  rating  official.  …  Comments  should  be  performance-oriented,  either 
addressing performance not contained in the OER or amplifying the reported performance. … 
Comments pertaining strictly to interpersonal relations or a personal opinion of the abilities or 
qualities  of  a  rating  chain  member  are  not  permitted.”    Article  10.A.4.g.4.  requires  that  such 
replies be submitted within fourteen days of the day the Reported-on Officer receives an official 
copy of the OER from CGPC. 

 
Article 10.A.2.g.1. states that if a member of the rating chain is unavailable or disquali-
fied, another officer must be appointed to prepare the OER.  Article 10.A.2.g.2. states the fol-
lowing: 
 
b. “Disqualified” includes relief for cause due to misconduct or unsatisfactory performance, being 
an interested party to an investigation or court of inquiry, or any other situation in which a personal 
interest or conflict on the part of the Supervisor, Reporting Officer, or Reviewer raises a substan-
tial question as to whether the Reported-on Officer will receive a fair, accurate evaluation. 
 
c. If not already determined by the commanding officer, it is incumbent on the Reported-on Officer 
to identify to the next senior officer in the chain-of command that an exception to the designated 

rating chain may exist. This issue should be raised by the Reported-on Officer during the reporting 
period or within 30 days after the end of the reporting period. 

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 submission, and applicable law: 
 

The  Board  has  jurisdiction  over  this  matter  pursuant  to  10  U.S.C.  § 1552.  The 

application was timely.5   

 

  
1. 

 
2. 

4. 

3. 

The  applicant  requested  an  oral  hearing  before  the  Board.    The  Chair,  acting 
pursuant to 33 C.F.R. § 52.31, denied the request and recommended disposition of the case with-
out one.  The Board concurs in that recommendation. 
 
 
The applicant did not submit a reply to the OER within fourteen days of receiving 
it, as allowed under Article 10.A.4.g. of the Personnel Manual, and did not apply to the Personnel 
Records  Review  Board  for  correction  of  the disputed OER within one year of receiving it, as 
allowed under Article 14.B.3.  However, under 10 U.S.C. § 1552, Congress established a three-
year  statute  of  limitations  for  this  Board,  which  is  tolled  while  the  member  serves  on  active 
duty,6  and  a  member’s  failure  to  exercise  expired  administrative  remedies  does  not  waive  the 
member’s right to seek a record correction via this Board.  
 
 
Absent specific evidence to the contrary, the Board presumes that the members of 
an applicant’s rating chain have acted “correctly, lawfully, and in good faith” in preparing their 
evaluations.7  Once an applicant has rebutted the presumption of regularity8 by presenting at least 
some  evidence  that  “specifically  and  convincingly  contradicts  his  rating  officials’  marks  and 
comments,”9 the Board weighs the evidence in the record to determine whether the applicant has 
met  her  burden  of  proof—the  preponderance  of  the  evidence—with  respect  to  the  challenged 
OER.10  To be entitled to relief, the applicant must prove by a preponderance of the evidence that 
the  disputed  OER  was  adversely  affected  by  a  “misstatement of significant hard fact,” factors 
“which  had  no  business  being  in  the  rating  process,”  or  a  prejudicial  violation  of  a  statute  or 
regulation.11   
 
 
The applicant alleged that the OER should be removed from her record because 
her RO should have been disqualified from serving on her rating chain in accordance with Article 
10.A.2.g.  of  the  Personnel  Manual,  which  requires  disqualification  when  a  personal  conflict 
“raises a substantial question as to whether the Reported-on Officer will receive a fair, accurate 
                                                 
5 Detweiler v. Pena, 38 F.3d 591, 598 (D.C. Cir. 1994) (holding that section 205 of the Soldiers’ and Sailors’ Civil 
Relief Act of 1940 “tolls the BCMR’s limitations period during a servicemember’s period of active duty”). 
6  Id. 
7 Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 
1979). 
8 33 C.F.R. § 52.24(b). 
9 Final Decision, BCMR Docket No. 2000-194. 
10  33  C.F.R.  § 52.24(b).    In  determining  the  preponderance  of  the  evidence,  the  Board  continues  to  consider  the 
evidentiary weight of the rating chain’s assessment even though the presumption of regularity has been rebutted.  See 
Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 256 n.10 (1981). 
11  Hary v. United States, 618 F.2d 704, 708 (Cl. Ct. 1980); CGBCMR Docket No. 86-96. 

5. 

evaluation.”    The  Board  notes  that  the  applicant  apparently  did  not  request  the  RO’s  removal 
from  her  rating  chain  during  the  reporting  period,  as  allowed  under  Article  10.A.2.g.2.c.,  but 
realizes that she may have believed that doing so could harm her career, especially if her request 
were not granted. 
 

The applicant alleged that the RO was biased against her and could not objectively 

6. 

evaluate her performance for the following reasons, which will be addressed in order below:  

 
(a)  The  applicant  was  female  and  the  only  female  CO  of  a  patrol  boat  assigned to his 
Sector.  Therefore, the RO did not trust her as much as he should have, which created tension 
between them. 

(b) In xxxx, the RO overruled her decision to have him conduct the mast of a fireman 
apprentice on her crew who had printed pornography regarding the rape of female officers on the 
cutter’s printer and made her conduct the mast herself. 

(c)  When  the  XXXX  was  temporarily  “chopped”  to  a  different  command  in  Xxxxx 
Harbor after the invasion of Iraq in xxxx and the applicant believed the cutter could be put to 
better  use,  the  RO  did  not  respond  to  her  comments  and  never  apologized  to  her  for  not 
responding. 

(d) The RO’s judgment in requiring the applicant to exercise her own authority as the CO 
of the XXXX by conducting the mast of the fireman apprentice was unreasonable.  His denial of 
the  fact  that  he  asked  her  to  lunch  to  discuss  the  matter  and  then  ambushed  her  with  an 
“intervention”  and,  later,  his  repeated  false  assertions  that  the  District  office  required  him  to 
complete the mast by March 12, xxxx, show a lack of integrity and a bias against her. 

 (e) When the applicant arrived at his office on March 12, xxxx, for mast, she angered the 
RO merely by exercising her right to remain silent and to consult counsel and by asking to delay 
the proceedings. 

(f) The RO was angered and humiliated when the District Commander took the mast out 

of his hands by conducting the mast herself. 

 
7. 

 
8. 

The applicant was a LTJG when she was given command of the XXXX and was 
promoted to lieutenant about eight months later.  Although the applicant did not prove that the 
RO  distrusted  her,  it  may  well  be  true  given  her  rank  and  lack  of  experience.    She  was  an 
inexperienced officer in charge of a very expensive piece of equipment and the lives of several 
subordinates.  If he did not trust her to the extent she apparently believes she was entitled to, the 
record bears out his wisdom since her poor decision-making in tying up to an old mooring ball of 
unknown safety, instead of the nearby Navy pier, and in failing to set the cutter’s own anchor 
during a significant storm resulted in the grounding of the cutter.  There is no evidence whatso-
ever  that  he treated similarly inexperienced male LTJGs and LTs in command of patrol boats 
differently than he treated her.  Therefore, the Board finds that she has not proved that her gender 
played any role in the RO’s treatment and assessment of her. 

The  applicant  has  proved  by  a  preponderance  of  the  evidence  that  the  RO  dis-
agreed with and in essence overruled her decision to avoid taking a subordinate to mast herself 
after he downloaded and printed pornography about raping female officers on the cutter’s printer.  
This incident apparently occurred in xxxx, during the prior reporting period, for which the appli-
cant received very high marks from the RO in her OER.  While the applicant may have been 
angered by the RO’s decision and handling of the matter, there is no evidence whatsoever that he 
had any reason to be biased against her because of their disagreement on this matter.   

 
9. 

Given the RO’s admission, the applicant has proved that he did not reply to her 
calls  or  emails  concerning her dissatisfaction with the use of the XXXX in Xxxxx  Harbor by 
Xxxxx Xxxxx after the invasion of Iraq in xxxx and did not apologize to her for failing to reply.  
While it might have been kind of the RO to acknowledge her concerns or to apologize later for 
not replying, the Board is not persuaded that his failure to do so proves that he was unreasonable 
or biased against her.  While his lack of reply might have irritated her, there is no reason it would 
have biased him against her. 

 
10. 

 
The RO’s  desire to have the applicant handle the mast of the FA herself was a 
judgment call balancing the potential benefit of her visibly exercising her disciplinary authority 
in front of her crew as their captain against the potential increase in the FA’s anger and threat to 
her well-being.  The RO’s decision was apparently supported by other officers at the meeting, 
including a female Reserve commander.  Therefore, it is impossible for the Board to find, as the 
applicant suggests, that the RO acted unreasonably in having her conduct the mast herself.  Nor 
do the applicant’s allegations of how what she thought was to be a discussion over lunch became 
an “intervention” or their inconsistent memories of the events more than five years after the fact 
persuade the Board that the RO was biased against her and could not objectively evaluate her 
performance  in  xxxx.    In  addition,  while  the  applicant  makes  much  of  the  fact  that  the  CO 
repeatedly stated that the District office wanted him to complete the mast proceedings by March 
12, xxxx, CDR L’s declaration shows that after the applicant requested a delay, the RO spoke to 
the District office and learned that he had been mistaken and that the deadline was for forwarding 
the report of the investigation with a cover letter stating how he intended to dispose of the matter 
(which was to hold mast) and that it was not necessary for him to have completed disposition of 
the matter.  The Reviewer admitted in his declaration that he was pressuring the RO to expedite 
the investigation and endorsement of it and that the District clarified the deadline for the RO on 
the afternoon of March 12, xxxx.  Therefore, the Board is not persuaded that the RO was know-
ingly lying on March 11 and 12, xxxx, when he repeatedly stated that he had to hold the mast that 
Friday since he apparently believed that the District office wanted the entire matter to be com-
pleted that day and he wanted to complete it by holding a mast.  

 
11. 

 
12. 

In light of CDR L’s assessment of the RO’s behavior on March 12, xxxx, when 
the applicant exercised her right to remain silent and consult an attorney; the EPO’s statement 
about receiving an email on March 12, xxxx, inviting the crew to attend a public mast the fol-
lowing Friday; and the Family Advocacy Specialist’s description of the RO’s agitation, pacing, 
and loud sighing while he waited to testify at the Admiral’s mast on April 15, xxxx, the Board 
finds that the applicant has proved by a preponderance of the evidence that the RO was quite 
irritated and angry about her refusal to waive her rights so that he could conduct the mast on 
March 12, xxxx, and determine her “punishment,” such as the proposed Administrative Letter of 
Censure, himself; and, perhaps, he was angered by the District Commander’s decision to conduct 
the mast herself although he had earlier asked the District Commander if she would do so.   

A superior officer’s anger, however, even if unjustified, is not sufficient, per se, to 
warrant disqualification from a rating chain.  Under Article 10.A.2.g. of the Personnel Manual, 
the question is whether the RO’s anger about the applicant’s apparent distrust of him on March 
12, xxxx, and inconvenient (to him) insistence on exercising her rights created “a personal inter-
est or conflict on [his part that] raise[d] a substantial question as to whether [she] receive[d] a 
fair, accurate evaluation” in June xxxx.  In this regard, the Board notes that the RO retired in 

June xxxx, and so any difficulty the applicant’s actions may have caused him could not harm his 
career.  In addition, there is no evidence in the record that the RO was incapable of setting aside 
his anger over that matter and preparing her a fair and objective OER.  Although the applicant 
alleged that the numerous references to the grounding in the disputed OER and the RO’s charac-
terization of her attitude as defensive and unaccepting of responsibility reflect the RO’s lack of 
objectivity, for the reasons stated below, the Board finds that there is insufficient evidence in the 
record to prove that the marks and comments in the disputed OER were not prepared fairly and 
objectively by all the members of the applicant’s rating chain. 

The applicant alleged that the very number of references to the grounding in each 
of the comment blocks rendered the disputed OER unfair and reflected the RO’s lack of objec-
tivity.  The RO, of course, was responsible for only half of those comments, since her Supervisor 
was  responsible  for  the  first  thirteen  performance  marks  and  their  supporting  comments.    In 
addition, the Board notes that the OER itself states that the applicant’s input for her own OER 
was “thorough.”  Pursuant to Article 10.A.2.c.2.e. of the Personnel Manual, Coast Guard officers 
often essentially draft their own OER comments either on a draft of the OER form or by writing 
numerous “bullets” highlighting their performance under each category.  In his declaration to the 
Board,  the  Supervisor  indicated  that  the  comments  about  the  grounding  in  the  disputed  OER 
(presumably the positive ones) were submitted by the applicant herself in her OER input, and the 
applicant did not submit a copy of her OER input to rebut this claim.   

 
13. 

 
14. 

 
15. 

There  is  no  regulation  in  the  Personnel  Manual  that  prohibits  a  single,  highly 
significant event, such as the grounding of a captain’s cutter, to be mentioned several times in an 
OER.  As RADM M stated in his declaration on behalf of the applicant, one would expect such 
an event to be mentioned in blocks 3, 7, and 10 of an OER, which are supposed to concern the 
Supervisor’s assessment of her professional performance, the RO’s agreement or disagreement 
with  that  assessment,  and  the RO’s discussion of her potential for future leadership positions.  
The disputed OER, however, also mentions the grounding in block 4, where a comment posi-
tively discusses her presentation of “lessons learned” from the grounding at the at the WPB COs’ 
conference in support of her high mark for “Speaking and Listening”; in block 5, where a com-
ment positively discusses her care and guidance of her crew following the grounding in support 
of her high marks for “Looking Out for Others” and “Directing Others”; and in block 8, where 
both positive and negative comments about her performance with respect to the grounding sup-
port the average marks of 4 for “Judgment” and “Responsibility.”  None of these comments is 
gratuitous; each serves a purpose in supporting one or more of the assigned marks, as required by 
Articles  10.A.4.c.4.  and  10.A.4.c.7.  of  the  Personnel  Manual,  by  revealing  aspects of her per-
formance related to a highly significant event.  The Board finds that the mere number of refer-
ences to the grounding in the dispute OER is not erroneous, not unfair, and not evidence that the 
Reporting  Officer  could  not,  or  failed  to,  carry  out  his  duty  to  prepare  an  “accurate,  fair,  and 
objective evaluation” for her as required by Article 10.A.1.b.1. of the Personnel Manual. 

The  applicant  argued  that  the  RO’s  characterization  of  her  attitude  after  the 
grounding as defensive and unaccepting of the responsibility of command is erroneous, unfair, 
and probative of the RO’s lack of objectivity in evaluating her performance.  In support of this 
contention, she cited (a) the fact that the RO was unfairly angered by her decision to exercise her 
rights  prior  to  mast;  (b)  her  work  with  the  administrative  and  mishap  investigators;  (c)  her 
“eager” presentation of “lessons learned” as stated in the OER; (d) the Reviewer’s disagreement 
with the comment in his own page of comments, which was based on her work with the investi-

gators and presentation of “lessons learned” at the WPB COs’ conference; and (e) the District 
Commander’s commentary in her letter dated January 15, 2008, about the applicant’s leadership 
after the grounding. The applicant’s Supervisor, however, strongly supported the RO’s charac-
terization of the applicant’s attitude in his declaration.  He wrote that she “never communicated 
that she was responsible.  Instead she seemed to try to avoid the basic tenet of Command.  As a 
previous  Commanding  Officer  of a patrol boat, and permanent Cutterman, I was disappointed 
with  this  projected  attitude.    In  a  situation  when  blame  &  cause  were  still  undetermined  [the 
applicant] seemed to duck her command responsibility rather than accept that responsibility for 
her  cutter  &  crew.    I  believe  [the  RO]  was  very  patient  waiting  for  [the  applicant]  to  accept 
responsibility for her cutter and crew but it never occurred.”  The Supervisor and the RO were 
the superior officers to whom the applicant reported the grounding and with whom she would 
have discussed it in the aftermath.  Although the applicant argues that their characterization of 
her attitude is inconsistent with her other behavior, it is perfectly possible that she displayed a 
different attitude when discussing the grounding with them than when she discussed it with the 
investigators  or,  months  later,  with  the  Admiral  at  mast,  and  it  is  perfectly  possible  that  she 
abandoned her defensive attitude at some point when she realized she should, in essence, make 
lemonade out of lemons by claiming responsibility and sharing her experience in a positive man-
ner.  The perception of the investigators, the Admiral, and the Reviewer of her attitude is clearly 
different than that of the Supervisor and the RO, but that does not mean that the applicant’s atti-
tude was not defensive when she was talking to her Supervisor and the RO.  Given the Supervi-
sor’s strong support of the RO’s comments, the Board finds that she has not proved by a prepon-
derance of the evidence that the RO’s negative comments about her attitude and leadership and 
the three marks of 4 he assigned her are based solely on her assertion of her rights on March 12, 
xxxx, or are erroneous, unfair, or indicative of any bias or lack of objectivity on the part of the 
RO.  The Board notes that although the Reviewer’s perception of her attitude differed from that 
of  the  RO  and  the  Supervisor,  in  his  declaration  regarding  the  disputed  OER,  he  strongly 
affirmed its accuracy, fairness, and objectivity.  In addition, the Board notes that in the District 
Commander’s letter on behalf of the applicant, dated January 15, 2008, she highly praised the 
applicant’s  performance  and  attitude  after the grounding; concurred with the Reviewer’s OER 
comments as being “more accurate”; and vaguely criticized the RO’s own conduct; but she did 
not state that the disputed OER was a product of bias or recommend its removal.   

The Board concludes that although the RO was angry at the applicant when she 
exercised her right to remain silent and seek counsel on March 12, xxxx, and perhaps when the 
District Commander decided to conduct the mast herself, there is insufficient evidence to show 
that the Coast Guard violated Article 10.A.2.g. of the Personnel Manual by not disqualifying the 
RO from the applicant’s rating chain.  Given the Supervisor’s strong support for the RO’s com-
ments in the OER and the Reviewer’s affirmation of its accuracy and fairness, the Board is not 
persuaded  that  there  is  a  “substantial  question  as  to  whether  the  [applicant]  receive[d]  a  fair, 
accurate evaluation,” as required by Article 10.A.2.g. 

The applicant made numerous allegations with respect to the actions and attitude 
of  the  RO.    Those  allegations not specifically addressed above are considered to be unproved 
and/or not dispositive of the case. 

 
16. 

 
17. 

 

18. 

The applicant has not proved that marks and comments in the disputed OER are 
either erroneous or unjust.12  Nor has she proved that the RO should have been disqualified due 
to alleged bias.  Therefore, the applicant has not proved by a preponderance of the evidence that 
the  disputed  OER  was  adversely  affected  by  a  “misstatement of significant hard fact,” factors 
(such as bias or sexism) “which had no business being in the rating process,” or a prejudicial 
violation of a statute or regulation.13  Because the Board finds no error or injustice in her record 
that requires correction, there is no basis for considering the removal of the applicant’s failure of 
selection  for  promotion  in  xxxx  or  the  backdating  of  her  promotion  to  LCDR.    The  Board’s 
review of the record indicates that, with respect to the disputed OER, her record was accurate and 
fair when it was reviewed by the LCDR selection board in xxxx. 

Accordingly,  the  applicant’s  request  should  be  denied.    Because  this  decision 
includes the text of the Administrative Letter of Censure she received from the District Com-
mander on April 19, xxxx, and under Article 8.E.4.b. of the Personnel Manual, such letters may 
not be entered in an officer’s record, no copy of this decision should be entered in any part of the 
applicant’s PDR (personnel data record). 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 
 

 
19. 

 

 

                                                 
12 Reale v. United States, 208 Ct. Cl. 1010, 1011 (1976) (finding that for purposes of the BCMRs under 10 U.S.C. 
§ 1552,  “injustice”  is  “treatment  by  military  authorities  that  shocks  the  sense  of  justice,  but  is  not  technically 
illegal”); see Decision of the Deputy General Counsel in BCMR Docket No. 2002-040 (holding that the Board has 
authority to find that “injustice” has occurred on a “case-by-case basis”). 
13  Hary v. United States, 618 F.2d 704, 708 (Cl. Ct. 1980); CGBCMR Docket No. 86-96. 

 

ORDER 

The application of LT xxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of her military 

 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Erin McMunigal 

record is denied.  No copy of this decision shall be included in any part of her PDR. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 Ryan Wedlund 

 

 
 
 Richard Walter 

 
  

 
  

 
 

 

 
 

 

 
 

 
 

 
 

 

 
 

 
 

 
 

 

 

 

 
 

 

 

 

 

 

 

 
 

  

 

 

 

  



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  • CG | BCMR | OER and or Failure of Selection | 1998-038

    Original file (1998-038.pdf) Auto-classification: Denied

    The applicant alleged that six marks of 33 on the first disputed OER are inaccu- rate and inconsistent with the comments. Affidavit of the OO, the Operations Officer of the Xxxx The OO stated that the marks he gave the applicant in the first disputed OER were based on the applicant’s performance. The instructions state the following: (d) In the “Comments” sections following each evaluation area, the Re- porting Officer [or Supervisor] shall include comments citing specific aspects of the...

  • CG | BCMR | OER and or Failure of Selection | 2011-126

    Original file (2011-126.pdf) Auto-classification: Denied

    The applicant alleged that his CO was the subject of a command climate investigation he helped to instigate and that as a result of the investigation, she was relieved of command. It shows that the XO of the patrol boat, who assigned the first 13 performance marks as the appli- cant’s supervisor, was also a LTJG. Declaration of the XO as the Applicant’s Supervisor The XO, who is currently the CO of another patrol boat, stated that the marks assigned to the applicant in the disputed OER...

  • CG | BCMR | OER and or Failure of Selection | 2009-029

    Original file (2009-029.pdf) Auto-classification: Denied

    He argued that these statements support a mark of at least 5 for “Workplace Climate.” Allegations about the Reporting Officer’s Comments in the Disputed OER The applicant alleged that the comment of the Reporting Officer about “issues” with the command climate leaving some members feeling alienated in block 7 of the disputed OER is vague, incomplete, and unduly prejudicial. He spoke with LT Y, the XO, who questioned the applicant’s decision- making; LT G, the outgoing Operations Officer,...

  • CG | BCMR | OER and or Failure of Selection | 2004-192

    Original file (2004-192.pdf) Auto-classification: Denied

    The JAG stated that the applicant’s command “properly followed [Coast Guard] regulations” in awarding the applicant NJP and that the collateral consequences of the NJP—including the disputed OER and the revocation of his temporary commission— “were carried out properly after affording Applicant all the due process rights to which he was entitled.” The JAG stated that under Article 15 of the UCMJ, NJP is a means for COs to deal with minor violations promptly and administratively and thus...

  • CG | BCMR | OER and or Failure of Selection | 2003-089

    Original file (2003-089.pdf) Auto-classification: Denied

    However, the IO reported that although the coxswains involved, xxxxxx and xxxxxx, were “certified as UTB coxswains,” they were “not qualified in TPSB tactics in accor- dance with current PSU training standards.” The IO noted that during a “safety stand down” on June 20, xxxx, numerous areas of concern had been identified regarding the Boat and Engineering Divisions of the PSU, including a “noted ‘lack of discipline’ between coxswains conducting force on force drills”; “violations of safety...