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Decision Text

CG | BCMR | OER and or Failure of Selection | 2008-174
Original file (2008-174.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2008-174 
 
xxxxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxxxx   

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 August 1, 2008, upon receipt 
of the 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  April  30,  2009,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST 

The applicant asked the Board to correct her record by removing a special officer evalua-
tion report (SOER)1 covering her service from February 1 to October 15, 2006, as the Operations 
Officer of a high-endurance cutter.  On or about October 15, 2006, she was dropped off in Singa-
pore to return stateside, having been removed from her position on the cutter, which had recently 
completed joint exercises with the Navy and was headed to the Middle East.  The SOER contains 
low marks in most of the performance categories,2 negative comments, and a mark in the second 
spot on the comparison scale.3  The applicant also asked the Board to expunge any other docu-
ments  that  refer  to  her  removal  as  the  Operations  Officer  or  to  the  SOER  and  to  correct  the 
reporting date on the SOER.  In this regard, she noted that while she reported to the cutter on 
March 31, 2006, the SOER erroneously indicates that she reported on March 6, 2006, which was 
the date her transfer orders were issued. 
                                                 
1 UNITED STATES COAST GUARD, COMDTINST M1000.6A, PERSONNEL MANUAL, Art. 10.A.3.c.1.a. (Change 
39, Mar. 8, 2005) (hereinafter “PERSMAN”) (stating that an SOER may “document performance notably different 
from  the  previous  reporting  period,  if  deferring  the  report  of  performance  until  the  next  regular  report  would 
preclude documentation to support adequate personnel management decisions, such as selection or reassignment.”). 
2 Coast Guard officers are rated in numerous categories of performance on a scale of 1 to 7, with 7 being best.  A 
middle mark of 4 is the “expected standard of performance.”  PERSMAN, Art. 10.A.4.c.4.g. 
3 There are 7 possible marks on the comparison scale ranging from “performance unsatisfactory for grade or billet” 
to “BEST OFFICER of this grade.”  A mark in the second spot denotes a “marginal performer; limited potential.” 
The  OER  form  instructs  the  Reporting  Officer  to  complete  the  comparison  scale  by  comparing  the  Reported-on 
Officer with all of the other officers of the same grade whom the Reporting Officer has known throughout his career.  
UNITED STATES COAST GUARD, Form CG-5310B, OFFICER EVALUATION REPORT (OER) (June 2005). 

 

SUMMARY OF THE APPLICANT’S MILITARY RECORD 

 
On May 22, 2002, the applicant was commissioned an ensign upon graduating from the 
U.S. Coast Guard Academy.  For two years, she was assigned to serve as a deck watch officer 
aboard a high endurance cutter, serving on watch import and underway; navigating the ship; and 
serving as the Assistant Combat Information Center (CIC) Officer and Training Officer, among 
other  collateral  duties.    She  received  very  good  marks  on  her  OERs  and  was  strongly  recom-
mended for promotion.  She was promoted to lieutenant junior grade on November 22, 2003. 

 
From June 21, 2004, to January 31, 2006, the applicant served as the Executive Officer of 
a patrol boat, where she was responsible for the management, administration, and operation of 
the boat and for enforcement of policies.  She received excellent marks on her OERs in this posi-
tion and was highly recommended for promotion. 

 
On March 31, 2006, the applicant reported aboard the XXXX, a high endurance cutter 
with a crew of 180.  She was immediately sent ashore for 100 days of Navy training as a Tactical 
Action Officer (TAO).  While in TAO training, she was promoted to lieutenant on May 22, 2006.  
Upon her return to the cutter in June 2006, the applicant assumed her duties as the new Opera-
tions Officer.  A new Commanding Officer (CO) also reported aboard in June 2006.  The disput-
ed SOER in this case documents her service on the cutter through October 16, 2006, when she 
was removed from her position, and it was prepared by the Executive Officer (XO) and CO, who 
served  on  the  applicant’s  rating  chain4  as  the  Supervisor  and  Reporting  Officer,  respectively.  
Because the SOER documents the applicant’s removal from her primary duty, it is a “derogatory 
report” under Article 10.A.4.h.1. of the Personnel Manual.   

 
The  numerical  marks  and  comments  in  the  disputed  SOER  appear  in  the  table  below.  
According to block 2 of the SOER, the applicant’s duties as head of the Operations Department 
on the cutter were the following: 

 
Responsible for plng, coord & execution of unit missions of ship of 180 crewmembers incl[uding] 
[Search and Rescue], [Law Enforcement], Military ops & flight ops.  Resp[onsible] for op reports 
& unit preparedness for joint operations w/ DOD forces for Middle East deployment.  Supervises 3 
[junior  officers],  3  [chief  petty  officers],  23  [petty  officers].    Budget  $115K/yr.    Senior  Deck 
Watch  Off[icer]  (DWO),  Tactical  Action  Off[icer]  (TAO),  Command  Security  Off[icer]  (CSO), 
Nav[igation] & Seamanship Trng Team (NSTT) Leader.  OER submitted [in accordance with] Art. 
10.A.3.c.1.a., due to performance reflecting serious deficiencies in leadership, technical skills & 
inability to effectively carry out assigned duties.  Per Article 10.A.4.h.1., this OER is a Derogatory 
Report.  Removed from primary duty 15 OCT 06. 

 

                                                 
4 Officers are evaluated by a “rating chain,” which normally includes a Supervisor, who is normally the person to 
whom the Reported-on Officer reports on a daily basis and who completes the first 13 numerical marks in an OER 
and  their  supporting  comments;  a  Reporting  Officer,  who  is  normally  the  Supervisor’s  Supervisor  and  who  com-
pletes the remaining marks and comments in an OER; and the Reviewer, who is normally the Reporting Officer’s 
Supervisor,  who  reviews  the  OER  for  consistency,  and  who  need  not  have  observed  the  Reported-on  Officer’s 
performance.  PERSMAN, Arts. 10.A.2.a., 10.A.2.d.1.a., 10.A.2.e.1.a., and 10.A.2.f.1.a. 
 

MARKS AND COMMENTS IN THE DISPUTED SOER 

#  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 

MARK  WRITTEN COMMENTS 

3 

3 

3 

3 

3 

3 

4 

4 

4 

2 

2 

4 

5 

Often caught unprepared for ops w/ Navy Expeditionary Strike Group (ESG) 
units during u/w exercises; failed to prep for scheduled ops; daily ops briefs 
weak despite specific tasking provided in writing & verbal feedback provided on 
numerous occasions.  Failed to adjust priorities to that of command.  Insistent 
that staff prepare for equator crossing ceremony but seemed unconcerned 
about readiness posture in CIC [Combat Information Center] or DOD exercise 
event schedule.  Intelligent officer; spent long hours researching issues.  Failed 
to use expertise of staff; delegation sometimes done with no apparent follow up 
& loss of awareness of project status, chart/trackline updates for deployment, 
mngmt of comms/RADIO.  Subordinates sometimes left wondering what to do 
while ROO was overwhelmed with work.  Taskers often not relayed to resp. 
parties resulting in missed deadlines; Ex: improvements to nav brief, daily ops 
brief, status of flight deck cert.  Sometimes missed helpful comments from 
ESG staff; missed opportunity to provide input to strait transit plan could have 
impacted negatively on CG & XXXX except noticed by CO & corrected by staff 
working through the night.  Good shiphandler in most conditions.  Moored ship 
safely; coached young JO during heavy [weather] at sea.  Difficulty performing 
under pressure; once appeared to freeze during simulated missile drill as TAO, 
very confused during port breakout drill with ESG.  Subordinates voiced lack of 
confidence to command. 
Comments to officers/chiefs gatherings & at quarters sometimes inappropri-
ately loud for audience, reducing effectiveness of message.  Sometimes gave 
long, drawn out responses to relatively easy questions re speed req’d for next 
leg of transit, expected time for flight ops, etc.  Inability to speak in concise, 
clear terms degraded confidence of audience.  Good writer.  Sometimes wrote 
too much info where short responses would have been more appropriate; 
lengthy email responses to short questions made it difficult to understand key 
points requiring additional follow up. 
Argued for relaxing ODU uniform on watch & for command to pay increased 
attention to details of equator crossing ceremony.  Did not always use strong 
skill sets in CIC watchstanders, some with several yrs Navy experience could 
have been employed better to assist with DOD ops.  Continued aggressive 
PQS program for CIC watchstanders, resulting in additional qualified pers, 
critical during extended deployment.  Somewhat detached from long-term 
plans for development of pers in Comms Div & Bridge Div.  Ineffective as 
senior officer in CIC despite prior experience as CIC watchstander; extensive 
formal training, numerous exercises, & tutelage from peers/command.  Rarely 
asked for help except during crisis when requests for help eroded confidence 
of subordinate watchstanders.  Ex: Lack of oversight of CG aircraft under XXXX 
control.  CIC team failure during simulated missile attack; port breakout 
ex[ercise].  Failed to establish positive relationships w/ Div officers/Chiefs or 
other dept heads.  Sometimes ordered others to provide needed info rather 
than partnering to develop common sense of purpose.  Ex: Inputs for daily situ-
ation reports/ briefs, integrated training team planning, logistic requests, ESG 
ops skeds.  Supported COMDT workplace policies.  Enlisted evals on time w/ 
appropriate justification.  Completed O2 Officer evals; very well written & on 
time. 

Signature of the Executive Officer of the cutter as Supervisor, dated October 22, 2006 

6 
7  Reporting 

Officer’s 
Comments 

NA 

[Concur.]  Performance during this abbreviated period can be described as 
unfocussed, ineffective & extremely tentative.  Appears overwhelmed by fast 
moving preparations for Out of Hemisphere deployment.  Since deployment 
began has been struggling at nearly every juncture.  Organization, prioritization 
and follow-up virtually non-existent.  Informal counseling on several occasions 
by command cadre failed to make a difference in performance.  Has failed to 
channel energies into a viable leadership style.  Subordinates have expressed 
doubt to command about ability to lead. 
Marginal initiative [with respect to] CENTCOM deployment ops.  Specific direc-

8a 

Initiative 

2 

Judgment 

8b 
8c  Responsibility 
8d  Professional 

Presence 

8e  Health & Well-

Being 

2 
2 
3 

3 

9  Comparison Scale 

2 

10  Potential 

NA 

tion & close follow up required on several deployment issues, hesitant to con-
duct critical liaison or provide timely input to counterparts on other ESG units.  
Requires detailed direction & command follow-up for nearly all reports.  Accept-
ed gratis navigational product from Boeing Corp. representative after being told 
to wait for guidance by command, calling into question judgment.  As naviga-
tor, failed to properly supervise navigational preps for Philippine Strait transit, 
missing a critical track leg & using wrong scale charts, resulted in ship transit-
ing in proximity to shoal, direct command intervention required.  As TAO, failed 
to properly supervise ADC [air direction controller] during flight operations, 
resulting in unit HH65 crossing into air space of 3 different ESG units; seeming 
oblivious to consequences, command intervention required to relieve ADC.  
Has stated confusion about role as senior leader aboard cutter, giving distinct 
impression of uneasiness with critical responsibilities of Dept Head.  Hesitant & 
inarticulate under pressure during combat exercises.  Difficulties building 
strong professional relationships with Dept Head peers.  Appears in good 
health and meets all COMDT Standards. 
[A mark in the second spot denotes that the officer is a “Marginal performer; 
limited potential.”] 
This officer has limited potential to successfully perform present responsibili-
ties.  I have lost confidence in ability to lead the operations department during 
a very dynamic and challenging CENTCOM deployment.  I am relieving this 
officer of responsibilities of the Operations Officer, Navigator and Tactical 
Action Officer.  I do believe this officer has the capacity to serve successfully in 
other operational assignments in the future, and should be given the opportu-
nity to gain professional experience necessary to handle challenging fast 
paced assignments.  Assignment ashore to a Command Centre or similar 
position is recommended. 

11  Signature of the CO of the cutter as the Reporting Officer, dated October 22, 2006  
12  Signature of the Chief of Area Cutter Forces Management as the Reviewer, dated December 5, 2006 
 
Applicant’s Addendum 
 

 

 

Because the SOER was a “derogatory report,” the applicant was permitted to submit an 
addendum,5 in which she alleged that many of the problems she encountered on the cutter were 
due to incomplete staffing and untrained personnel.  She reported aboard two weeks before the 
start of “workups” with the Navy in preparation for their deployment, and the Operations Depart-
ment  “had  a  long  way  to  go”  to  adapt  from  standard  operating  procedures  (SOP)  for  a  Coast 
Guard patrol board to Navy SOP.  The Combat Information Center Officer (CICO) did not arrive 
on board until September and was unfamiliar with Navy SOP; the lead OSC in the CIC had no 
experience  with  radar  and  went  on  leave  during  the  workups;  the  one  CIC  watchstander  with 
prior Navy experience lacked a security clearance and could not enter the CIC; and a new BMC 
navigator arrived during the final week of the workups.  Until her last two weeks on board, her 
only experienced junior officer was serving as both the CICO and the Assistant Navigator.  In 
addition,  communicating  about  schedules  for  drills,  etc.,  with  the  Navy  was  very  difficult  as 
many of her queries via email and telephone calls went unanswered. 
                                                 
5  A  “derogatory  report”  includes  any  OER  that  “[d]ocuments  adverse  performance  or  conduct  that  results  in  the 
removal  of  a  member  from  his  or  her  primary  duty  or  position.”  PERSMAN,  Art.  10.A.4.h.1.c.    Submitting  an 
addendum to a derogatory report “provides the Reported-on Officer an opportunity to explain the failure or provide 
their  views  of  the  performance  in  question.”  Id.  at  Art.  10.A.4.h.2.    The  Supervisor  and  Reporting  Officer  may 
prepare written comments concerning matters address in the addendum, and these comments are also attached to the 
OER and the addendum.  The Reviewer “shall ensure that the evaluation of the Reported-on Officer is consistent and 
that the derogatory information is substantiated. If the Reviewer finds otherwise, he or she shall return the report to 
the Reporting Officer for additional information and/or clarifying comments.” Id. 

 

The applicant wrote that because of repairs and renovations, the cutter had been underway 
for only 45 days during the prior year, so even many of the continuing crewmembers had little 
underway experience.  Despite these problems, her department worked very hard to learn Navy 
SOP and to train those who had little or no underway experience.  Furthermore, as the TAO, she 
was standing 1 in 3 watches6 and overseeing drills one or two more hours each day, and eight to 
ten more hours during the workups.   

 
Regarding the flight deck certification, she wrote that as soon as she noticed that it had 
not been received, she initiated emails and telephone calls to no effect until she sent an official 
message, which received a quick response, and she forwarded it to the XO. 

 
Regarding the equator crossing ceremony, the applicant wrote that the comments in the 
SOER exaggerate her interest in the matter.  She simply mentioned the ceremony to the Morale 
Officer and the Command Master Chief a few days before the crossing and “mentioned it in pass-
ing a few other times but … never got involved in planning it beyond speaking to the [Engineer-
ing  Officer]  about  it  for  a  few  minutes  once  he  had  taken  over  the  project.”    Regarding  her 
request that the watchstanders be allowed to forgo wearing the standard ODU (Officer of the Day 
Uniform) shirt while on watch, she did so at the request of several subordinates after the weather 
got extremely hot when they entered the tropics because she knew that the ODU requirement had 
been relaxed on other patrols.  When her request was denied, she “did nothing more than ensure 
that the uniform was enforced.” 

 
Regarding  her  conduct  during  quarters  (department  meetings),  she  stated  that  she  was 
never told that she was speaking too loud and that the meetings were held near the hangar, where 
it was difficult for them to hear each other over the noise of the engines and ventilation system.  
In  addition,  she  stated  that  she  only  gave  longer  explanations  when  she  believed  they  were 
needed, such as when there were variables that could affect whatever was under discussion. 

 
The applicant denied being confused during the port breakout drill, and noted that “it was 
difficult to maintain an accurate picture of what was going on since I was in CIC and it was pri-
marily a small boat attack drill run from the bridge.  We discussed lessons learned for CIC after-
wards and took it as a learning experience as none of us had done anything like that before.”  
Regarding their exercises with the Navy, the applicant wrote that their difficulties  

 
were compounded by the difference in Navy and Coast Guard combat capabilities.  While a Navy 
TAO  is  stationed  in  front  of  computer  screens  and  mainly  listens  to  the  recommendations  from 
other  warfare  areas  and  authorizes  their  suggestions  for  use  of  force,  this  is  not  possible  to  the 
same degree on a 378’ [Coast Guard cutter].  For example, a Navy TAO does not listen in on voice 
comm[unication]s with the Helo, but instead takes status updates from the ADC [air direction con-
troller].  This is what I was doing in the situation mentioned in the [SOER] comments.  The differ-
ence  between  TAO  School  training  and  real  life  meant  that  I  was  learning  how  the  Command 

                                                 
6 A “1 in 3” watch means that the member performs two 4-hour watches each day, with 8 hours between the end of 
one watch and the beginning of the next, on one of three schedules:  Midnight to 4:00 a.m. and noon to 4:00 p.m. 
(known as the “mid watch”); 4:00 a.m. to 8:00 a.m. and 4:00 p.m. to 8:00 p.m.; and 8:00 a.m. to noon; and 8:00 p.m. 
to midnight.  UNITED STATES COAST GUARD RESEARCH AND DEVELOPMENT CENTER, Report No. CG-D-13-
01, U.S. COAST GUARD GUIDE TO THE MANAGEMENT OF CREW ENDURANCE RISK FACTORS, 3.4.5.1. (Sept. 
2001), available at . 

wanted it run during the exercises and was compounded by the fact that neither my Chief (when he 
was there) or any 1st class PO [petty officer] had ever done a traditional RD [radar] job before.  It 
is  very  difficult  to  act  as  senior  leadership  while  trying  to  train  the  PO’s  and  Chief  on  how  to 
acquire tracks, make voice reports or direct a helo, as TAO School by no means makes one an RD 
or  ADC  or  teaches  one  how  to  train  RD’s  on the finer points of their jobs.  I was only able to 
ensure that there was a robust training program, which I am credited for in the OER comments. 
 
The applicant alleged that the comment about the CIC failure during a simulated missile 
attack is absolutely wrong.  She explained that during the simulated attacks, they received reports 
of  incoming  missiles  from  aircraft  and  avoided  all  of  these.    However,  a  while  later,  they 
received a chat message saying “Missile inbound to XXXX,” with no bearing, range, or physical 
representation  provided.    After  her  request  for  such  information  received  no  response,  she 
initiated  a  response  based  upon  the  direction  of  the  last  threat  they  had  received.    She  then 
received a chat message saying that they had shot down only one of two incoming missiles and 
so were out of the exercise for the next three hours.  The XXXX was one of the last vessels to 
take a “hit” in this way, and when she later asked the Navy trainers what they had done wrong, 
she was told that the cutter was “hit” because it had been decided that every vessel was going to 
be hit at least once during the exercise.  She explained this to the CO and thought that he had 
understood and accepted the explanation. 

 
Regarding the “navigational product” from Boeing, the applicant alleged that prior to the 
cutter’s deployment, she was told that “we were going ahead with the Boeing project.”  She later 
learned “that there was confusion between two simultaneous Boeing projects” being led by the 
same people, but she did not know this at the time.  Because of this confusion, a Boeing program 
was loaded onto a stand-alone computer on the cutter for less than one day, and it was never used 
because she deleted the program ten minutes after learning that it was a different Boeing project 
that had been approved.  The applicant wrote that she explained what had happened to the XO 
and CO, and they seemed satisfied with how she had fixed the problem and did not criticize her 
“judgment,” although the incident was used in the SOER to justify a mark of 2 in that category. 

 
The applicant alleged that she did not have a negative relationship with any department 
head, division officer, or division chief, but worked 18+ hour days her entire time aboard the cut-
ter and so had “very little time to discuss anything at length.  I certainly did whatever I could to 
provide them with whatever they needed from me.”  She also denied feeling any uneasiness or 
confusion about her role as the Operations Officer and head of the Operations Department.  She 
stated that she loved working aboard cutters and had hoped to make a career afloat.  She was 
“100%  dedicated  to  the  mission  and  the  crew  and  was  willing  to  put  in  any  amount  of  work 
necessary to ensure we succeeded.”  However, although her subordinates were dedicated, they 
“had not been trained in how to deploy with the Navy.”  Her counterpart on a Navy ship consist-
ed of three people—a LCDR Operations Officer, a LT Assistant Operations Officer, and a LTJG 
Navigator—and they had numerous junior officers, chiefs, and petty officers “who had done the 
mission before and were not required to follow CG operational policies concurrent with the Navy 
ones.”  Her position was “quite possibly the most difficult position in the Coast Guard and [she 
was] expected to ensure we could out-perform a strike group of newer ships with better trained 
crews and far superior weapons and technology.”   The applicant  stated that she did not know 
until about ten days before she was removed from the cutter that the difficulties her department 
encountered as they mastered Navy standards and policies were being counted as black marks 
against her despite “the numerous times we were commended by the ESG on a job well done.” 

 
Rating Chain’s Endorsements of the Applicant’s Addendum 
 
 
The XO forwarded the applicant’s addendum without written comment.  The CO wrote 
that the training and staffing short-falls on the XXXX “are similar for most cutters during the 
summer transfer season.  While these factors may have been accentuated by lack of underway 
time the previous year, allowances were made for this in my appraisal of [the applicant’s] overall 
performance and opportunity was given to show progress towards managing the workforce and 
other responsibilities.” 
 
 
The  Reviewer  forwarded  the  addendum  stating  that  he  had  carefully  reviewed  it  and 
“found no evidence of inconsistencies, and that the derogatory information is substantiated.”  He 
concurred  with  the  CO’s  description  of  the  applicant’s  future  potential.    He  stated  that  the 
“dynamic and challenging Strike Group workups and subsequent CENTCOM deployment were 
an obvious mismatch with this officer’s current abilities and expertise.  However, I do feel this 
officer has the capacity to grow and gain the necessary operational seasoning and experience that 
would again make her competitive for future assignments.” 

 
Following her removal from the XXXX, the applicant was assigned to serve as a Com-
 
mand  Duty  Officer,  standing  watch  in  a  District  command  center,  where  she  supervised  and 
allocated resources for the District’s operations.  She has received excellent marks on her OERs 
in this position and strong recommendations for promotion. 

 

APPLICANT’S ALLEGATIONS 

 
The applicant alleged that the SOER is “filled with exaggerations, prejudice and outright 
fallacies.”  The applicant stated that she reported to the XXXX on March 31, 2006, while still an 
LTJG.    Two  days  later  she  was  sent  off the cutter for eleven weeks of training at the Navy’s 
Tactical Action Officer School.  She returned to the ship on June 19, 2006, after having been 
promoted to LT, and she assumed the position of Operations Officer on June 23, 2006, when the 
prior  Operations  Officer  departed.    The  CO  took  command  on  June  30,  2006,  and  on  July  5, 
2006,  the  XXXX  “got  underway  from  Seattle  to  conduct  two  months  of  extensive,  arduous 
training with our Navy Expeditionary Strike Group (ESG) in the San Diego area.”   

 
Upon assuming the duties of Operations Officer, she learned that two-thirds of the crew 
had transferred, so there were “very few personnel qualified to stand watches for a Coast Guard 
patrol, let alone successfully participate in a Navy ESG.”  In addition, her department had almost 
no experienced senior enlisted personnel to fill the key positions.  For example, because of the 
recent merger of the quartermaster and boatswain’s mate ratings, there were “no prior Quarter-
masters in the Navigation Division” who could safely navigate a large cutter, and the Chief for 
that division did not arrive on the cutter until after the ESG exercises were completed.  Likewise, 
the Radarman rating had been merged with the Telecommunications rating to form the Opera-
tions Specialist (OS) rating, and none of the OS crew were prior RDs.  Moreover, when merging 
the two ratings, “the Coast Guard had cut out the portions of the RD training that applied to Navy 
operations and would be vital to the assigned mission.”  Therefore, her two most important divi-
sions—Navigation  and  the  Combat  Information  Center (CIC)—“were being led by chief petty 

officers who had spent their entire careers in other mission areas and had been given little or no 
training for the jobs in which they were looked to as experts.” 

 
The applicant stated that because of these staffing and training gaps, during the “workup” 
exercises  with  the  Navy  that  began  in  mid  July,  her  department  had  no  Navigation  Chief,  an 
inexperienced  CIC  Chief,  one  moderately  experienced  OCS  ensign  trying  to  manage  both  the 
Navigation and CIC Divisions, and one brand-new Academy ensign learning the ropes with the 
Radio Division.”  In addition, they had very few qualified CIC or bridge watch standers of any 
rank or rate.  Therefore, she urged everyone into a robust training program to try to close the gaps 
and “hoped that the Command would understand the difficulties we faced as well as our efforts 
to overcome them.”   

 
The applicant alleged that the command climate created by the new CO, however, made 
her very difficult situation almost unbearable.  Because she believes her own claims in this regard 
might sound simply vengeful because of the SOER, she has submitted four statements from other 
crewmates, which are summarized below.  She noted that her allegations about the CO’s attitude 
and conduct are also supported by the fact that he was relieved of command of the XXXX for 
striking an enlisted watchstander a few months after her departure. 

 
The applicant stated that at first the CO seemed “tough but fair” and, when she explained 
the staffing problems her department faced, he seemed to understand and was “determined to get 
us up to speed” prior to reaching the Middle East.  However, once they began working with the 
Navy,  he  became  increasingly  “angry,  irrational,  belittling,  and  even  physically  violent.”    She 
first encountered his anger on July 16, 2006, during one of their first exercises with the Navy.  
She was in the CIC but was not acting as the TAO; instead, she was an observer, taking notes on 
areas for improvement.  The Navy ships were much better equipped for the exercise:  The Navy 
cruisers could detect aircraft up to 300 miles away, whereas the XXXX’s detection range was 
just 100 miles; the Navy cruisers could shoot aircraft down with advanced missile systems, but 
the  XXXX  had  only  a  “main  gun”;  and  the  Navy  cruiser  had  an  “advanced  tracking system,” 
while the XXXX had a very old system that lost connectivity frequently.  Therefore, during the 
exercise, the Warfare Area Commander was not selecting the XXXX to participate in shooting 
any of the targets, which enraged the CO “who began to belittle me and the enlisted personnel in 
CIC, as though [our] failures were due merely to a lack of effort or interest.”  When she tried to 
explain to the CO that their difficulties were due to training and equipment,  

 
he turned his fury on me … he grabbed me by the upper arm and pulled me to the center of CIC.  
Standing just inches away from me, towering over me, and still holding tightly to my arm, he pro-
ceeded to berate and humiliate me in front of my own Department.  He told me that I had better 
look around, because my lack of effort would get them all killed in the Persian Gulf, etc.  I saw the 
crew looking at us, but I felt completely powerless and unable to speak.  In that instant, my trust in 
his leadership was shattered, just as I feared he had shattered my personnel’s trust in mine.  Just as 
quickly as he had come in, the CO let go of my arm, turned on his heel, and left CIC. 
 
Later the XO offered to speak to the CO on her behalf, but she asked him not to because 
she feared retribution from the CO.  In retrospect, she realizes that she should have taken her 
complaint outside of the command, but at the time she rationalized the CO’s actions as “simply 
passionate” and she wanted to “avoid the complications inherent in making that type of accusa-
tion.”  However, the applicant alleged, the  

 
incident in CIC pretty much set the tone for the deployment, and just about everyone in the Depart-
ment came to fear the CO’s rage.  On multiple occasions, for example, he slammed phone receiv-
ers down hard enough to break them, and would berate personnel for equipment failures and situa-
tions beyond their immediate power to prevent.  On more than one occasion, he threw things at us 
or towards us, including an incident during a morning brief with most of the officers and chiefs 
present.  He grabbed my pen from me and threw it as hard as he could at my Nalgene water bottle, 
which was about 2 feet away from him and right next to me.  It bounced off and hit me in the chest, 
just  as  he  stormed  out  of  CIC.    I  provide  these  examples  not  as  an  indictment  of  the  CO,  but 
instead to paint a picture of the Command Climate that we all had to deal with onboard XXXX. 
 
The applicant stated that her difficulties as the Operations Officer were compounded by 
the fact that she had to stand watches due to the lack of qualified watchstanders, whereas Opera-
tions Officers do not usually stand watches, and she had to stand 8 hours of TAO watch every 
day.  The applicant described her days on the XXXX as follows: 

 
Just as I would come off my morning [4:00 to 8:00 a.m.] watch, the day’s events would begin, and 
I would have to return to CIC to take over as Primary TAO, where I would remain until my eve-
ning [4:00 to 8:00 p.m.] watch began.  Since the XO insisted that I still attend evening reports and 
I had to be awake first thing in the morning for the Operations Brief, the only watch that I could 
stand was the 4-8’s, meaning that I was on watch during the Exercises from 0330 until 1930, with 
only a few short breaks for meals.  It was only after watch and evening reports that I was able to 
start in on the massive task of acting as Operations Officer for a major cutter—normally a full-time 
job.  To try and keep up, I would work until one or two in the morning, then try to get a few hours 
of sleep before getting back up for watch at three.  The rotation was grueling and exhausting, but 
made immeasurably worse by the Command’s refusal to act as though I had any less time in the 
day for my normal duties as would a regular Coast Guard Operations Officer on a Coast Guard 
patrol.  I was expected to do too much, but when I tried to explain this to the XO, he told me that I 
had better just get used to it.  My requests to make changes within my own Department—such as 
by moving my division officers around to reassign the XO’s Administrative Assistant, an Academy 
ensign with one year’s experience, to the Navigation Division while I awaited qualified relief—
were  frequently  taken  by  the  XO  as  personal  attacks  against  his  leadership  &  decision-making 
instead of simply attempts on my part to streamline and overcome our manning challenges.  From 
the time of the incident in CIC onward, I felt almost as though the Command were pushing me 
toward failure, as though they wanted me to fail and were just looking for ways to justify it. 
 
The  applicant  stated  that  the  XO  made  it  very  clear  from  the  beginning  that  he  was 
unwilling to confront the CO or even tell him the truth.  During a fueling at sea evolution, the 
XO  was  supervising  an  ensign  serving as the “conning officer for speed,” while the applicant 
supervised the “conning officer for course.”  She had warned the XO that the “conning officer for 
speed” had no experience.  During the evolution, the cutter went too fast and got too far forward 
because the XO waited too long to tell the ensign to slow the vessel.  The CO “exploded in rage” 
and asked the XO who was at fault.  The XO blamed the ensign, and the CO screamed at the 
ensign and made her leave the bridge.  Therefore, she planned to allow the ensign to be a conning 
officer during their approach to Singapore a few days later to help the ensign regain her confi-
dence.  However, when she discussed the matter with the XO, he said that the CO would not let 
the ensign drive the ship again and it was clear to her that the XO would never confront the CO 
on behalf of his subordinates. 

 
As another example of the XO’s alleged attitude, the applicant stated that each day she 
prepared an Operational Summary for the command.  The XO often rewrote entire paragraphs 
before handing it to the CO.  “On multiple occasions, the CO would berate me for the wording of 

paragraphs that the XO had actually written himself, but the XO would simply shake his head 
disapprovingly  at  me,  as  though  he  had  not  been  the  author.”    The  applicant  chose to remain 
silent rather than “rat out” the XO, but felt even further alienated from the command. 

 
The applicant alleged that both the XO and the CO “refused to be pleased or satisfied 
with anything [she] did.”  At one meeting, she reported that her calculations showed it would 
take seven full days, from noon on September 16 to noon on September 23, 2006, to transit from 
Seattle to Hawaii.  However, the CO insisted that that was eight full days and that they should be 
able to make it in seven.  Other department heads spoke up and agreed with her that it was seven 
days, rather than eight, but the CO “berated and belittled me in front of them all as he continued 
to incorrectly count the dates on his fingers by including the 16th and the 23rd, with only 12 hours 
of transit time each, as 2 full days.  He later told me that I was either lazy or stupid, and tried to 
force me to pick one.”  Therefore, she sent an email to the XO with the details of her calcula-
tions, and the XO responded that she had insulted him and wasted his time by providing so many 
details “when a simple ‘yes’ or ‘no’ on whether or not we could make it to Hawaii early would 
suffice. … This is but one example of the situation I faced each day—whether concerning transit 
times, weapons capabilities, the quality of the intelligence summaries sent to us by Pacific Area 
or the excess or lack of information contained in the daily Operations Brief.”  

 
The applicant alleged that aside from belittling her in public, the CO and XO only for-
mally counseled her once before she was removed from her position.  During the counseling ses-
sion,  which  occurred  on  the  way  from  Hawaii  to  Singapore,  the  CO  said  that  she  needed  to 
“improve” but that he was not considering removing her.  He told her that she “needed to be 
more  involved  in  the  details  of  my  Department”  and  better  friends  with  the  other  department 
heads, but did not give her much specific direction.  He suggested that she chat with the other 
department heads at breakfast, but she was still standing watches at breakfast time.  Later, the 
XO  told  her  to  delegate  more  and  take  more  “personal  time”  to  be  happier,  but  that  advice 
contradicted the CO’s.  The applicant stated that she had already asked for certain jobs to be reas-
signed  within  her  department  so  that  she  would  not  have  to  stand  so  many  watches,  and  her 
requests had been refused and so her hands were tied but they “criticized [her] for not being able 
to juggle all that was handed to [her].” 

 
Two days after the counseling session, the CO volunteered her for “two huge additional 
responsibilities.  First, to create the Straits Transit Plan for our passage through the Philippine 
Islands and second, to take over the immense task of acting as Surface Warfare Commander for 
the remainder of our transit to Singapore.”  Whereas the Navy cruisers had teams of personnel 
trained to do these things, she was the only person in her department who had attended TAO 
School  and  knew  what  these  duties  entailed,  so  she  had  to  do  it  herself  or  train  her  “already 
exhausted personnel in how to help” her.  Moreover, she was not told that she was personally 
responsible for the Straits Transit Plan until the night before the brief was due.  On the cutter’s 
last night in Singapore, the applicant alleged, the CO called her in and told her that she  

 
had done a good job, but that he thought he could get someone better.  He said that I would have 
been successful had we been conducting a regular Coast Guard patrol.  He told me that he didn’t 
think that any of our TAO’s could successfully “fight the ship” in an attack, but that he believed 
others could do better than I could.  Most shocking was the CO’s declaration that he had decided 2 
weeks after his arrival that I was simply not the OPS boss he wanted, and now he had a replace-
ment. … I later found that the Command had been lying to me for the previous weeks, and that 

they had been making arrangements to replace me even before I was first counseled—that they had 
contacted [another lieutenant] and asked him if he would replace me.  Prior to my arrival at the 
Command Center [that lieutenant] learned from several of his friends onboard what the Command 
Climate was like, and withdrew his request to go.  With this knowledge, the Command’s refusal to 
be satisfied with any of my actions and their combination of counseling and additional responsi-
bilities seemed, in my mind, to fall into place. 
 
Regarding the comment in the SOER that she was often caught unprepared, the applicant 
stated that scheduling and communications with the Navy were very difficult, and that the CO or 
XO  would  often  “receive  the  answer  [to  her  inquiries]  unsolicited  before  [she]  could  get  [an 
answer] through efforts on [her] end.”  Regarding the strait transit brief, the applicant alleged that 
she did not prepare one because she had been expressly told that she was not expected to prepare 
one, although the CO had asked the ESG for this responsibility.  When the CO discovered an 
email tasking them with the job late in the evening before the brief was due, he became enraged 
when she told him that she had not prepared a transit brief.  The XO later recommended that she 
not try to explain it again to the CO “but instead to simply take the blame and move on.” 

 
Regarding the allegedly weak “ops briefs,” the applicant alleged that the CO had unrea-
sonable expectations.  He expected them to create their own intelligence slides even though they 
had no Intelligence Team or information from the PACAREA.  In another case, the CO asked 
them to “list all upcoming message requirements,” and the XO berated them for not including the 
message requirements of other departments, such as logistics, engineering, and weapons.  When 
they produced detailed slides with this information the next day, the XO accused her of mocking 
him by providing too much information.  But when they removed those slides from the presenta-
tion, the CO was angry they had done so.  The applicant stated that the CO required very detailed 
morning briefs, and his desires constantly changed, so that it seemed “they were determined to 
find fault with our efforts and, in particular, me.” 

 

 
The  applicant  denied  that  her  subordinates  were  ever  left  “wondering  what  to  do.”  
Regarding her allegedly unrelayed “taskers,” she stated that the XO and CO would daily give her 
a to-do list while she was “on watch in CIC and unable to locate many of my subordinates to pass 
these ‘taskers’.”  They would often ask her if the tasks had been completed before she had had a 
chance to ensure that they were.  Regarding the flight deck certification, the applicant alleged that 
she was “not responsible for this until there was a problem.” 

 
Regarding the comment that she had frozen during a simulated missile drill, the applicant 
alleged that she froze because the CO had grabbed her by the arm, not because of what was hap-
pening in the drill.  In addition, the applicant alleged that the comment about her becoming “very 
confused” during a drill is twisted and taken out of context.  She alleged that this port breakout 
drill was a simulated small boat attack run from the bridge by the CO and the XO and that the 
person who was charged with reporting what was happening to the CIC, where she was located, 
failed to report properly.  Therefore, during the brief afterward, she reported that because of the 
lack of information about the attack being passed to the CIC from the bridge, she and others in 
the CIC were “very confused about what was going on.”  She reported this problem so that they 
could develop “a better system for passing information, not to express any confusion or difficulty 
on my part.”  The applicant alleged that if any of her subordinates voiced a lack of confidence in 
her, it was likely because the CO was “always publicly criticizing and berating” her. 

 
The applicant again denied having negative relationships with any other department head 
or  division  chief.    She  also  denied  ordering  others  to  provide  needed  information,  instead  of 
“partnering” with them.  She also stated, contrary to the comment that she was hesitant to “con-
duct  critical  liaison  or  provide  timely  input  to  counterparts  on  other  ESG units,” that she had 
exhausted every avenue she could think of in trying to communicate with the Operations person-
nel and carrier support staff, but “they were almost impossible to reach.”  Moreover, as with the 
strait transit brief, the Navy often provided information only to the CO, which he failed to pass 
on timely to her. 

 
Regarding the comment about “marginal initiative,” the applicant alleged that the com-
ments about her long hours of research and being overwhelmed with work contradict this char-
acterization of her initiative.  She further stated that she worked exhausting hours and was never 
counseled about failing to show initiative.  She stated that the CO and XO “from the beginning 
and  without  cause  sought  to  direct  [her]  in  the  day-to-day  operation  of  [her]  Department, 
demanding  oversight  on  issues  as  low-level  as  the  Watch  Schedule.”    They  also  directed  her 
tasking and gave her subordinates some major projects without advising her.  

Regarding  the  comment  that  she  was  ineffective  as  the  senior  officer  in  the  CIC,  the 
applicant stated that she “got the feeling that the CO wanted [her] to scream and rant at the CIC 
personnel,” which she could not do in good conscience because their lack of training in the skills 
needed in the CIC was not their fault.  She could only ensure that there was a robust training pro-
gram, and she is credited with that in the SOER.  In addition, she alleged that while her TAO 
training taught her to use a computer to communicate online in a chat room with other TAOs, the 
CO wanted her standing in the middle of the CIC, away from the computer, listening to all of the 
radio communications from each warfare area. 

 
Regarding  the  drill  in  which  the  helicopter  passed  into  the  air  space  of  three  different 
Navy vessels, the applicant stated that she was training a new ADC, who was not yet qualified to 
direct low visibility approaches, and the glitch in the radar, which she thought had been fixed, 
recurred.  The pilot complained directly to the CO that they had “almost killed” him, and both 
she  and  the  ADC  were  publicly  berated.    Moreover,  she  stated  that  as  the  TAO,  she  was  not 
responsible for direct oversight of the flight patterns, which is the responsibility of the ADC. 

 
Regarding the Philippine Strait Transit, the applicant stated that they did not miss a track 
leg.  They had plotted all the track lines correctly on the proper chart, but the schedule changed 
the night before the transit, and she did not realize that the Navy had added an extra waypoint to 
move them farther from waters that were potentially too shallow for the aircraft carrier.  Since 
she was standing watch in the CIC during the transit, she could not see which chart the bridge 
team was using.  However, their use of the wrong chart simply meant that the hazardous water 
appeared closer to them on the chart than it actually was, which posed no additional danger to the 
cutter.  Moreover, command intervention was not required.  When the navigation and CIC teams 
noticed the problem, they simply turned the ship and directed it on a new course. 

 
Regarding the allegation that she had expressed confusion about her leadership role, the 
applicant alleged that this comment concerned only an expression of frustration she made when 
she learned that the XO had allowed the Deck Division, which was part of her department, to 
spend her department’s money without her knowledge. 

 
The applicant alleged that the only time she was hesitant and inarticulate under pressure 
was when she was being intimidated by the CO.  The applicant stated that during her six years as 
an officer, she has “stood down belligerent fishermen as a Boarding Officer, kept [her] cool as a 
Deck  Watch  Officer  when  the  engines  suddenly  shut  down  during  a  dangerous harbor transit, 
maneuvered a patrol boat around numerous hazards to shield a nuclear submarine from potential 
threat  and  navigated  across  a  hazardous  breaking  bar”  that  even  the  CO  of  the  patrol  boat 
doubted he could do successfully.  She always performed as required and was never accused of 
being hesitant or inarticulate, but it “is hard to describe what happens to you … when you are 
subjected  for  months  to  the  belittling,  demeaning  comments  of  a  Commanding  Officer  who 
seems determined to prove to himself that you are not worthy of the position.” 

 
The OSC stated that although she, herself, steered a helicopter into the airspace of other 
ships during a drill, the applicant, as the TAO, took most of the blame.  During that drill the radar 
“was experiencing a recurring problem maintaining a solid return on the scope when the Helo 
was  in  flight.    This  made  it  almost  impossible  to  see  where  the  Helo  was  during  flights.”  
Although an electrician’s mate tried to fix the problem, it was not fixed during the drill.  Eventu-
ally,  the  pilots  asked  to  navigate  themselves,  and  she  agreed.    The  next  day,  the  CO  publicly 
dressed her down and replaced her as the Air Direction Controller (ADC) by a subordinate in 
front of her entire division.  Two weeks later, after the electrician changed the video card, they 

 
The applicant noted that as a Command Duty Officer at her subsequent assignment, she 
qualified  for  the  position  in  an  unprecedented  short  time  and  has  received  “nothing  but  high 
marks and praise for [her] work there.”  The applicant stated that she is “very introspective by 
nature” and would not ask for the removal of the SOER if she had “any belief that the failures set 
down … were true.”  She is asking for its expungement because “it is inaccurate and prejudiced, 
based on the arbitrary and capricious demands and expectations of my command.”  In support of 
her allegations, the applicant submitted four statements from her subordinates in the Operations 
Department, which are summarized below: 
 
Statement of the OSC of the Combat Information Center 
 

A chief operations specialist (OSC) in the CIC on the cutter stated that she believes the 
applicant was treated unfairly.  The command climate aboard the cutter was “miserable.  Senior 
members were cursed at regularly by the CO in front of subordinates.  Explosive tirades on the 
Bridge and CIC occurred on a regular basis and there was always a feeling of walking on egg 
shells.  The CO seemed to be intensely angry at someone or some circumstance most of the time. 
… The Executive Officer … exacerbated these situations by acting as a police detective, ques-
tioning someone he already determined to be guilty of dereliction of duty.  The conversations in 
the Chief’s mess concerning the oppressive leadership and fear driven command climate were 
frequent amongst all the Chiefs with the exception of one,” who was a close friend of the CO and 
would report everything said to him.  The OSC stated that the applicant “communicated clearly 
and  professionally  during  stressful situations.  The times when I witnessed her having trouble 
communicating was when the CO was screaming and cursing at her.  [She], as far as I could tell, 
had a positive working relationship with all the Chiefs in the Mess.  As a member of the Mess, I 
never heard anyone saying they were having difficulties working with her.” 

were able to complete the drill successfully.  The OSC stated that she does not “see how [the 
applicant’s] actions could have prevented what happened.” 

 
Regarding the morning briefs, the OSC stated that the command’s expectations continu-
ally changed, and no matter how hard they tried, something was always wrong, either with the 
presentation,  or  the  format,  or  the  information  provided.    Upon  the  applicant’s  departure,  the 
OSC stated, three male officers were sent in temporary stints to fill the position of Operations 
Officer for the rest of the deployment.  The CO never dressed them down in the same manner he 
had dressed down the applicant for similar mistakes. 

Statement of the OSC of the Communications Division 
 
 
The OSC who served as the lead petty officer in the Communications Division on the cut-
ter  stated  that,  prior  to  their  overseas  deployment,  she  and  the  applicant  “worked  together  to 
ensure all known communications and security issues were resolved prior to deployment.”  In the 
summer  of  2006,  about  one-third  of  the  crew  had  transferred  and  been replaced.  In addition, 
three members in the CIC lost their security clearances due to debt issues.  Therefore, “CIC and 
Radio  were  both  undermanned  for  this  patrol.”    However,  the  applicant  “always  displayed  a 
positive attitude and worked as a team player with Radio and CIC personnel.  As a leader, she 
always absorbed the brunt of the Captain’s angry displeasure when Radio or CIC did not live up 
to his expectations.  Unfortunately, she came into a command where minor problems in every 
division were blown out of proportion and thus became major problems which affected morale.  
This  ultimately  created  a  highly  stressed  environment  throughout  the  entire  ship,  resulting  in 
many individuals, both enlisted and commissioned, retiring, deciding not to reenlist, or transfer-
ring with tainted memories after the patrol.” 

 

 

Statement of the First Lieutenant  
 

The First Lieutenant7 of the cutter,  a chief warrant officer who reported directly to the 
applicant, stated that 2006 was a hectic year because the cutter was undergoing a two-month yard 
period and a six-week training exercise with the Navy before deploying to the Middle East in 
September.  Between the yard period and the six-week training with the Navy, a new CO report-
ed aboard.  The new CO was  
 

arrogant and abrasive … simply an abusive individual who thought nothing of the crew and their 
welfare.  Unfortunately for [the applicant], she became a lightning rod for his abuse.  From my 
perspective, [the CO] seemed very dismissive of her opinions and recommendation while taking 
enjoyment, in the form of openly chastising and berating her, in any misstep she or one of her sub-
ordinates made or was perceived to have made.  I felt that [the applicant] was a very competent 
officer  who  was  not  given  any  chance  to  succeed.    I  found  her  to  be  a  hardworking  and  level-
headed officer who always had time to help anyone who needed assistance.  She never once com-
plained about the abuse she was subject to, and she outwardly supported the command in all their 
decisions.    I  do  not  know  why  [the  CO]  singled  her  out,  but  I  feel  it  could  possibly  have  been 
because of her sex as the three other Operations Officers that followed were male and they did not 
nearly put in the effort that she did, yet they were openly praised by [the CO] and were rewarded 

                                                 
7  On  a  vessel,  the  “First  Lieutenant”  is  a  position—the  head  of  the  deck  department  or  division—and  does  not 
necessarily  hold  the  rank  of  lieutenant.  UNITED  STATES  COAST  GUARD,  COMDTINST  M5000.3B,  UNITED 
STATES COAST GUARD REGULATIONS, Chap. 6-7-1 (1992). 

upon  their  departure.  ...  It  should  be  noted  that the [CO] was recently relieved as Commanding 
Officer … and found guilty at Admiral’s Mast for assaulting an enlisted member.  This speaks vol-
umes to what the crew, and specifically [the applicant] had to endure onboard [the cutter] … [H]er 
career should not hinge on one obviously slanted and grossly unfair [SOER].” 
 

Statement of an OS2 in the CIC 
 
 
An OS2 stated that during an air defense drill in August 2006, the CIC was manned by 
between seven and nine OS watchstanders; herself as the acting CIC watch supervisor; the appli-
cant as the TAO; and the new CO.  During the drill, “there was a lot of confusion within CIC 
over something that had been missed by the watchstander on air radar.”  While the OS2 was try-
ing to help the watchstander and to let the Navy vessels know what was happening, she heard the 
CO raise his voice at someone.  Then the CO yelled at her to contact another ship, but  
 

he was trying to get me to do it on the wrong frequency.  I did not know how to correct him so I 
just stood there for a second trying to get to the other radio.  He threw his pencil at me and it flew 
by and hit the TV screen.  I do not remember what he said or what was going on at that point, 
except I just picked up the radio he wanted me to and I tried to call out to the other vessel. … 
[After the other vessel failed to respond] I could hear the Captain yelling at [the applicant] about 
the drill going poorly, and I looked over and saw him grab [her] by the arm and pull her to the 
middle  of  the  room.    He  was  yelling  at  her  but  I  was  trying  not  to  pay  attention  …  . After the 
debrief, I walked over to [the applicant] who looked very upset … . 

 

 

VIEWS OF THE COAST GUARD 

On November 18, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion in which he recommended granting partial relief by changing the start date of 
the  evaluation  period  for  the  SOER  to  the  date  she  actually reported to the cutter, which was 
March 30, 2006. 

 
The JAG argued that the applicant’s “allegations and lack of persuasive evidence has not 
established fact to overcome the presumption that her rating chain acted correctly, lawfully, and 
in good faith in evaluating and documenting [her] deficient performance.”  The JAG stated that 
the SOER was submitted in accordance with Article 10.A.3.c.1.a. of the Personnel Manual and 
documents her CO’s decision to remove her as the Operations Officer.  The JAG stated that the 
OER  “accurately  reflects  the  applicant’s  serious  performance  deficiencies”  as  observed  by  the 
XO and CO of the cutter.  The JAG also argued that the fact that the applicant has performed 
well in other assignments is not probative of the validity of the SOER.  Citing Grieg v. United 
States, 640 F.2d 1261, 1269 (Ct. Cl. 1981), the JAG argued that it “is a well settled point of law 
that the mere fact that [an applicant] had better ratings either before or after the disputed OER is 
of no legal moment or probative value as to [the] rating period covered by [the] disputed report.”  
Therefore, the JAG recommended that the Board correct only the reporting date on the SOER. 
 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

 
 
On January 2, 2009, the applicant responded to the views of the Coast Guard.  She stated 
that the SOER “does not accurately portray [her] performance while onboard” the cutter.  She 
stated that she has always “striven to be a model of behavior and performance,” and her other 
OERs reflect this effort.  She argued that while her other OERs are not “proof” that the SOER is 

erroneous and unfair, they do not reveal “any weaknesses … that would show a correlation to 
what was written” in the SOER.   
 

The applicant argued that she has refuted the comments in the SOER line by line, and 
produced  statements  from  five  other  officers  who  support  her  contention  that  she  was  treated 
unfairly.  She alleged that the comment that she had “marginal initiative” contradicts the com-
ment that she was an intelligent officer who “spent long hours researching issues.”  The applicant 
stated that she will not speculate as to why her command treated her so unfairly, but “it is obvi-
ous from the comments and marks in the OER that they exaggerated and twisted facts in order to 
fill it with “justification.”   
 

APPLICABLE REGULATIONS 

 
Under Article 10.A.3.a. of the Personnel Manual in effect in 2006,8 lieutenants usually 
 
receive  a  regular,  annual  OER  at  the  end  of  May  each  year.    However,  Article  10.A.3.c.1.a., 
states that a special OER (SOER) “may be completed to document performance notably different 
from the previous reporting period, if deferring the report of performance until the next regular 
report would preclude documentation to support adequate personnel management decisions, such 
as selection or reassignment.” 
 

Article 10.A.4.c.4. of the Personnel Manual provides the following instructions for Super-
visors  completing  their  section  of  an  OER  or  SOER  (similar  instructions  are  provided  for 
Reporting Officers in Article 10.A.4.c.7.): 
 

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. 
 
c.  Where  the  Supervisor  has  insufficient  information  to  provide  a  mark  or  if  observations  are 
believed inadequate to render a judgment, the “not observed” circle shall be used. The reason for 
the “not observed” must be briefly stated in the “comments” blocks or Section 2. 
 
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 iden-
tify 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. 

●  ●  ● 

                                                 
8 See PERSMAN, footnote 1, above. 

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. Those assigned the superlative mark of 
seven should have specific comments demonstrating how they exceeded the six standard block. 

 

Article 10.A.4.c.8.a. states that on the comparison scale in an OER, a Reporting Officer 
“shall fill in the circle that most closely reflects the Reporting Officer’s ranking of the Reported-
on Officer relative to all other officers of the same grade the Reporting Officer has known.” 

 
Under Article 10.A.4.h.1., any OER that documents “adverse performance or conduct that 
results in the removal of a member from his or her primary duty or position” is a “derogatory” 
OER and the reported-on officer may respond to the marks and comments in an addendum before 
the  OER  is  passed  to  the  Reviewer.    Article  10.A.4.h.2.  allows  the  Supervisor  and  Reporting 
Officer to add comments to the addendum before forwarding it to the Reviewer, who ensures that 
the information in the OER is consistent and that the derogatory information is substantiated. 
 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions based on the applicant's military 

 
 
record and submissions, the Coast Guard's submissions, and applicable law: 
 

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

The application was timely. 
 

1. 

2. 

3. 

The  applicant  requested  an  oral  hearing  before  the  Board.    The  Chair,  acting 
pursuant to 33 C.F.R. § 52.51, denied the request and recommended disposition of the case with-
out a hearing.  The Board concurs in that recommendation.9   
 
 
The applicant alleged that the SOER she received following her removal as the 
Operations Officer of the  XXXX is inaccurate and a product of gender bias on the part of an 
abusive CO.  Article 10.A.1.b.1. of the Personnel Manual provides that “[c]ommanding officers 
must ensure accurate, fair, and objective evaluations are provided to all officers under their com-
mand.”  To establish that an OER is inaccurate or unjust, an applicant must prove that it was 
adversely affected by (a) a “misstatement of significant hard fact,” (b) a “clear and prejudicial 
violation of a statute or regulation,” or (c) factors that “had no business being in the rating proc-
ess.”10  The Board begins its analysis in every case by presuming that a disputed OER is correct 
as it appears in the record, and the applicant bears the burden of proving by a preponderance of 
the evidence that it is erroneous or unjust.11  Absent evidence to the contrary, the Board presumes 
that the applicant’s Supervisor and Reporting Officer (the XO and CO) prepared the SOER “cor-
rectly, lawfully, and in good faith.”12 
 
                                                 
9 See Steen v. United States, No. 436-74, 1977 U.S. Ct. Cl. LEXIS 585, at *21 (Dec. 7, 1977) (holding that “whether 
to grant such a hearing is a decision entirely within the discretion of the Board”). 
10 Germano v. United States, 26 Cl. Ct. 1446, 1460 (1992); see also Hary v. United States, 618 F.2d 704, 708 (Ct. 
Cl. 1980); CGBCMR Dkt. No. 86-96. 
11 33 C.F.R. § 52.24(b). 
12 Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 
1979). 

4. 

 
Given the statements of the applicant’s four subordinates—the OSCs of the CIC 
and the Communications Division, the First Lieutenant (head of the Deck Division), and an OS2 
in the CIC—the applicant has proved that her CO had an anger-management problem, which cre-
ated a stressful command climate as he publicly and privately chastised personnel he perceived to 
have made significant mistakes, especially her.  Although the applicant speculated that the CO 
may have been prejudiced against her because of her gender, there is little evidence to support 
this allegation.  The Coast Guard prohibits sexual harassment of and discrimination against mili-
tary members,13 but neither the applicant nor her subordinates claim that the CO chastised only 
her or only female crewmembers.  The OSC of the CIC and the First Lieutenant noted that the 
CO did not publicly chastise subsequent male Operations Officers for “similar mistakes” to those 
of the applicant, but there is insufficient information about the nature and frequency of the “simi-
lar mistakes” or the overall leadership and performance of these subsequent Operations Officers 
for the Board to conclude that the CO’s treatment and evaluation of the applicant were prejudiced 
by her gender. 
 
 
The applicant appears to be arguing, at least in part, that she was subject to a “hos-
tile work environment,”14 which was so severe that it interfered with her ability to perform her 
duties.  However, she has not shown that the CO’s angry language and physical conduct toward 
her were in any way sexual or prejudiced, which is a required element of a “hostile work environ-
ment.”15  However, Chapter 3.A.1.a. of the Equal Opportunity Manual states that every member 
of  the  Coast  Guard  deserves  to  be  treated  with  honor,  dignity  and  respect.    It  is  theoretically 
possible that a CO could treat a junior officer so horribly that the junior officer could not reason-
ably be expected to perform her duties well even if the CO’s abuse was not based on gender, race, 
or religion.  An SOER resulting from such treatment might constitute an “injustice” in the offi-
cer’s record and so be removed by the Board.16  Although the applicant has not shown that her 
CO criticized her because of her gender, the legal criteria for a “hostile work environment” are 
instructive as to the type of evidence needed to prove that a command climate is so abusive that a 
competent officer cannot reasonably be expected to perform her duties well.  Occasional hostile 

5. 

                                                 
13 UNITED STATES COAST GUARD, COMDTINST M5350.4B, EQUAL OPPORTUNITY MANUAL, Chap. 3.A.3.a. 
(Nov.  1,  2005)  (hereinafter  “EOM”)  (“Although  the  statutory  prohibitions  against  discrimination  in  civilian 
employment do not apply to members of the uniformed services, it is the Coast Guard’s policy to provide its military 
members equal opportunity during their military service and access to the rights, responsibilities, and privileges of 
such service, regardless of:  Race; Color; Religion; Sex; National origin; or Participation in EO related activities.”). 
14 Military officers are not protected from “hostile work environments” under Title VII of the Civil Rights Act of 
1964.  42 U.S.C. § 2000e-16; see Roper v. Dep’t of the Army, 832 F.2d 247, 248 (2nd Cir. 1987) (finding that “the 
Feres doctrine prevents members of the military from challenging military decisions through actions brought under 
Title  VII”).  However,  “it  is  the  Coast  Guard’s  policy  to  apply  the  same  protections  [in Title VII]  to  the  military 
workforce.”  EOM,  Chap.  3.A.5.b.    The  Coast  Guard  prohibits  “sexual  harassment,”  which  it  defines  to  include 
“unwelcome  sexual  advances,  requests  for  sexual  favors,  and  other  verbal  or  physical  conduct  of  a sexual nature 
when … such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or 
creating an intimidating, hostile, or offensive working environment.” Id. at Chap. 3.A.5.c.  “To meet the definition of 
a  hostile  environment,  the  harassment  must  be  so  severe  and  pervasive  that  a  reasonable  person  would  view  the 
environment as hostile, offensive, or abusive.”  Id. at Chap. 3.A.5.d. 
15 EOM, Chap. 3.A.5.c.   
16 The Board may remove injustices from any Coast Guard military record.  10 U.S.C. § 1552(a).  For the purposes 
of the BCMRs, “‘[i]njustice’, when not also ‘error’, is treatment by the military authorities, that shocks the sense of 
justice, but is not technically illegal.” Reale v. United States, 208 Ct. Cl. 1010, 1011 (1976). 

6. 

or humiliating words and actions are insufficient.17  Factors that courts consider aside from bias 
include the frequency of the conduct; the severity of the conduct; whether the conduct is physi-
cally threatening or humiliating or merely offensive; and whether the conduct unreasonably inter-
fered  with  an  employee’s  work  performance.18   A  “hostile  work  environment”  in  the  civilian 
sector exists “[w]hen the workplace is permeated with ‘discriminatory intimidation ridicule, and 
insult’ that is ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment 
and create an abusive working environment.’”19  However, in assessing such matters, the Board 
must also take into account the distinctly different military, shipboard, combat-training environ-
ment on the XXXX, as well as the potential dangers incurred by poor performance. 
 

The evidence of the CO’s alleged inappropriate behavior toward the applicant is 
incidental:  When there was confusion in the CIC during one air defense drill, the CO grabbed 
her arm, pulled her into the center of the CIC, and stated that her lack of effort would get them all 
killed in the Persian Gulf; when frustrated during a brief one morning, he grabbed a pencil out of 
her hand and threw it down so hard that it bounced off her water bottle and hit her; and he once 
asked her during a discussion of their transit time whether she was lazy or stupid.  The First Lieu-
tenant wrote that she became a “lightning rod for [the CO’s] abuse” and described her as a “very 
competent officer who was not given any chance to succeed,” but he was head of the Deck Divi-
sion and apparently did not observe her performance in the CIC during the drills.  The applicant 
alleged that she was humiliated by the CO and that he undermined her leadership, but there is 
insufficient evidence concerning the frequency of the CO’s public criticisms, the nature of his 
language, and the problems and potential dangers to which he was reacting for the Board to con-
clude that the command climate was arbitrarily hostile and abusive, as the applicant alleged, or 
that she could not reasonably have been expected to perform her job to the CO’s satisfaction.  
The Board in no way excuses the CO for not expressing his anger more appropriately.  However, 
the evidence in the record is insufficient to prove that the attitude and actions of the CO were 
arbitrarily abusive or warrant expungement of the SOER. 

 
7. 

 
8. 

The applicant has alleged that many of the examples of her performance cited in 
the SOER are inaccurate, exaggerated. or lacking context and inaccurately blame her for situa-
tions  not  in  her  control.    For  example,  she  stated  that  as  the  TAO,  she  should  not  have  been 
blamed for sending the helicopter into the air space of three Navy vessels during an exercise, as 
directing the helicopter was the responsibility of the ADC, and that as the TAO she was supposed 
to be sitting at a computer observing rather than listening to radio communications and directly 
overseeing the ADC.  However, she also admitted that the subordinate she had serving as the 
ADC during the drill was still unqualified and in training.  She alleged that her relationships with 
the other department heads were not negative, as indicated in the SOER, but she did not submit 
any statements from fellow department heads to support her allegation.   

The applicant alleged that she was horribly overworked; that most of her depart-
ment’s problems resulted from broken or inadequate equipment, poor communications with the 
Navy, and a severe lack of trained personnel in the CIC and other Operations divisions; and that 

                                                 
17 See Overton, 373 F.3d at 99 (concurring) (Pooler, J., concurring) (noting that a handful of racist comments spread 
out over several years was insufficient to create a “hostile work environment”). 
18 Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993). 
19 Id. (citations omitted). 

her  CO  and  XO  refused  to  acknowledge  her  department’s  limitations  because  of  these  issues.  
She has submitted statements from three OS subordinates supporting her view of what caused the 
cutter’s  helicopter  to  enter  the  air  space  of three Navy vessels during a drill and how the CO 
reacted, of the command’s continual dissatisfaction with the morning briefs, and of unexpected 
undermanning in the CIC.  The evidence of these subordinates, however, is inadequate to prove 
that any of the specific examples of her performance cited on the SOER are inaccurate or unjust 
or that the numerical marks are too low.  While the applicant described her circumstances aboard 
the XXXX in way that makes it appear that it would have been impossible for her to succeed or 
to please the CO, she has not supported her claims in this regard with sufficient evidence.  In 
fact, her subordinates’ statements indicate that the CO was satisfied by the performance of subse-
quent  Operations  Officers  during  the  deployment.    While  the  work  schedule  she  describes 
appears  very  demanding,  the  Board  cannot  determine,  by  the  evidence  presented,  that  another 
lieutenant could not have performed substantially better and satisfied the CO and XO during the 
evaluation period.  Absent corroborative statements from the XO, other department heads, or the 
Operations  Officers  who  followed  her  on  the  XXXX,  the  Board  is  not  persuaded  that  the 
numerical marks and comments in the SOER are inaccurate or unjust. 
 

The applicant made numerous allegations with respect to the actions and attitudes 
of her CO and XO.  Those allegations not specifically addressed above are considered to be not 
dispositive of the case.20   
 
 
The SOER was prepared upon the applicant’s removal from her primary duty in 
accordance with Articles 10.A.3.c.1.a. and 10.A.4.h.1.c. of the Personnel Manual.  The applicant 
has not proved that she was subject to gender discrimination or to a command climate that was so 
arbitrarily  hostile  that  she  could  not  reasonably  have  been  expected  to  perform  her  duties  in 
accordance with the command’s expectations.  She has submitted ample evidence that the CO 
expressed anger inappropriately, but she has not proved that she did not in fact make many sig-
nificant mistakes that warranted the criticisms in the SOER.  Nor has she proved that the CO’s 
actions and attitude resulted from her female gender.  The applicant has submitted insufficient 
evidence  to  overcome  the  presumption  of  regularity  accorded  the  marks  and  comments  in the 
SOER or to prove by a preponderance of the evidence that it was adversely affected by a “mis-
statement of significant hard fact,” a “clear and prejudicial violation of a statute or regulation,” or 
factors that “had no business being in the rating process.”21 
 
 
Both the applicant and the JAG agree that she reported to the XXXX on March 
31,  2006,  and  that  the  report  date  shown  in  block  1.e.  of  the  SOER  is  erroneous  because  it 
reflects  the  date  of  her  orders,  March  6,  2006,  rather  than  the  date  she  reported  to  the  cutter.  
Therefore, the report date on the SOER should be corrected. 
 
 
Therefore, the applicant’s request should be granted in part in that the report date 
shown in block 1.e. of the SOER should be corrected to show that she reported on March 31, 
2006.    All  other  requested  relief  should  be  denied,  except  that  the  Board  finds  that  the  Chair 

11. 

9. 

10. 

12. 

                                                 
20 See Frizelle v. Slater, 111 F.3d 172, 177 (D.C. Cir. 1997) (noting that the Board need not address arguments that 
“could [not] affect the Board’s ultimate disposition”). 
21 Germano, 26 Cl. Ct. at 1460; see also Hary, 618 F.2d at 708. 

should grant further consideration if, within 180 days of this decision, the applicant requests it 
and submits new evidence that the Chair believes could result in a different outcome of the case.  
 

ORDER 

 

The application of LT xxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of her 

The “Date Reported” in block 1.e. of her OER for the period February 1, 2006, to October 

military record is granted in part as follows: 
 
 
15, 2006, shall be corrected to March 31, 2006.   
 
 
In addition, she may request further consideration of the remainder of the requested relief 
if, within 180 days of the date of this decision, she submits new evidence that the Chair believes 
could result in a different outcome of the case. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 Janice Williams-Jones 

 

 
 
 Paul B. Oman 

 

 
 
 Thomas H. Van Horn 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 
 

 

 

 

 

 

 
 

 

 

 

 
 



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