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CG | BCMR | OER and or Failure of Selection | 2010-093
Original file (2010-093.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. 2010-093 
 
xxxxxxxxxxxxxxxxxx  
xxxxxxxxxxxxxxxxxx  

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  after  receiving  the  completed 
application on February 3, 2010, and assigned it to staff member J. Andrews to prepare the deci-
sion 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  December  3,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST 

 
 
The applicant, a commander (CDR) in the regular Coast Guard, asked the Board to cor-
rect parts of his officer evaluation report (OER) for the period December 1, 2007, through June 
27, 2008, or to expunge the OER from his record.   The disputed OER was the fourth and final 
OER  he  received  as  the  head  of  the  Xxxxxx  Department  at  a  Xxxxx  Command.    It  includes 
mostly  excellent  performance  marks  assigned  by  the  supervisor,  CDR  X,  who  was  the  Deputy 
Xxxxx  Commander,  but  one  average  mark  of  41  for  “Speaking  and  Listening”  in  block  4  sup-
ported by the comment that although a gifted speaker, he “[f]ailed to listen carefully for intended 
msgs/spken words fm Cmd, DXX(l), CGIS, etc, re sched events, pers’l cases, office moves, etc.”  
In addition, the Xxxxx Commander, CAPT X, who served as the reporting officer, assigned him 
three  mediocre  marks  of  4  for  “Judgment,”  “Responsibility,”  and  “Professional  Presence,”  a 
mark as a “Strong performer,” in the third spot on the comparison scale,2 and a mark of “Promo-
tion Potential” on the promotion scale.3  CAPT X concurred in the supervisor’s marks and com-
ments and supported the supervisor’s and her own marks with the following comments: 
 
                                                 
1 On an OER, an officer is evaluated on a scale of 1 (worst) to 7 (best) in a variety of performance categories, such 
as “Planning and Preparedness,” “Professional Competence,” “Teamwork,” “Initiative,” and “Judgment.” 
2  On  the  comparison  scale,  the  reporting  officer  compares  the  officer  with  all  others  of  the  same  rank  whom  the 
reporting  officer  has  known  throughout  his  career.    There  are  seven  possible  marks  ranging  from  the  first, 
“Unsatisfactory performance/conduct; no potential for increased responsibility,” to the seventh, “best officer of this 
grade.”  A mark in the third spot denotes a “Strong performer; very competent and respected professional.” 
3 On the promotion scale, the marks range from “Do not promote” to “Accelerated promotion/in-zone reordering.” 

 

 

 

[block 7]  Despite providing strong technical support to sub units & his external outreach efforts, 
[the  applicant’s]  adaptability,  listening  skills,  teamwork  &  respect  for  others  is  well  below  the 
level expected of a Xxxxx Xxxxxx Department Head & other O-5s I’ve observed.  Despite being 
given  repeated  direction  to  keep  Xxxxx  Cmd/fellow  Dept  Heads  informed  of  actions,  events, 
issues, failed to do so on several occasions, impacting team efforts & workplace. 
 
[block 8]  … Failed to make proper decisions, e.g., during renewed space allocation team analysis, 
moved xxxs offices despite direct & explicit guidance not [to] move any offices until (1) full pro-
posal was complete, (2) cmd approved & (3) crew briefed.  Initially blamed CWO.  Failed to fol-
low explicit instructions to deconflict Cmd Cdre/fellow Depart Heads calendars prior to sched of 
morale events in spite of unambiguous direction given repeatedly in various forums (dept hd mtg 
& one on one)  & various  formats (verbal e-mail, etc). sched  morale event  when 4 of  the 5 Cmd 
Cadre could not attend including SNO; event had to be resch after announced, disrupting crew’s 
plans.  Cmd rep on public committees prior to loss of trust & confidence. 
 
[block 9]  … Leadership & teamwork significantly below the majority of O-5s I’ve served with.  
Given straight forward & explicit instructions & failed to follow them. … Lost confidence in abil-
ities  &  withheld  authority  to  (1)  act  as  CO  Mil  Pers’l,  (2)  impose  NJP,  or  (3)  sign  pers’l  docs.  
Lost trust & removed as Xxxxx Rep on all outreach committees.  Not recommended for O-6 pro-
motion  or  positions  of  high  visibility.    Excellent  candidate  for  any  non-supervisory,  technical 
MLC/CGHQ assignment. 

Specifically, the applicant asked the Board to remove these comments; raise his mark for 
“Speaking and Listening” to a 5; raise his marks for “Judgment,” “Responsibility,” and “Profes-
sional  Presence”  to  6s;  raise  his  comparison  scale  mark  to  the  fifth  spot,  which  denotes  an 
“Exceptional performer; give toughest, most visible leadership assignments”; and raise his pro-
motion  scale  mark  to  “Definitely  promote.”    He  also  asked  that  he  be  awarded  an  appropriate 
end-of-tour award for his performance throughout his years at the Xxxxx. 
 

SUMMARY OF THE APPLICANT’S ALLEGATIONS ABOUT THE OER 

 
In support of his request, the applicant submitted an affidavit and supporting documenta-
tion,  including  declarations  signed  by  CDR  X  and  CAPT  X  pursuant  to  his  application  to  the 
Personnel  Records  Review  Board  (PRRB).    His  allegations  about  the  disputed  OER  are  inter-
mingled in the affidavit with allegations about the declarations.   

 
The  applicant  alleged  that  when  CAPT  X  first  arrived  at  the  Xxxxx  in  late  December 
2007,  their  interactions  were  good.    However,  after  he  wrote  a  draft  rebuttal,  which  he  never 
sent, to an email sent by CAPT X to the District Chief of Staff on March 7, 2008, regarding the 
applicant’s brief to her following an Area Budget Conference, everything wrong that happened at 
the Xxxxx was blamed on him.  The applicant submitted copies of the two emails and his draft 
email, which, he alleged, changed CAPT X’s attitude toward him: 

 
(a)  On March 7, 2008, CAPT X emailed the District Chief of Staff stating that she had 
 
received disturbing information from the applicant about furniture purchases.  She stated that he 
had told her that that the Headquarters attitude was that, if a Xxxxx budget was “fat” enough to 
allow  furniture  purchases,  that  amount  of  money  would  be  subtracted  from  your  current  and 
future  years’  budget.    She  stated  that  she  hoped  that  common  sense  would  prevail  when  she 
asked to  purchase  furniture for three new billets.   In addition,  she stated  that the applicant  had 
told her that Headquarters believed the Xxxxxs had “fat” in their budgets and intended to target it 

 

 

to prevent a $9 million shortfall.  She noted that there was no “fat” in her Xxxxx budget and that 
she expected to be $300,000 deficient in operating funds once the Xxxxx stopped “feeding” off a 
$300,000 lawn contract for closed housing, and she did not know how the Xxxxx would “remain 
solvent and still run boats.” 

 
(b)  The Chief of Staff responded to  this email  the same day by advising her not  to  get 
“too  spun  up  by  comments”  such  as  the  applicant’s  and  by  asking  for  the  source  of  the  appli-
cant’s information.  He said he would contact someone to learn more about the Xxxxx’s budget.  
CAPT  X  replied  and  stated  that  the  applicant  “did  not  know  the  name  of  the  person  who  pro-
vided the brief” but stated it was someone from CG-82.  She cc’ed her reply to the applicant.   

 
(c)    The  applicant  replied  to  himself  the  same  day  in  a  draft  email  denying  that  he  had 
told CAPT X that he had heard at a recent brief that if a Xxxxx is “fat” and can buy furniture, the 
money would be taken away.  He stated that this comment had been included in the brief the year 
before and was attributed to Headquarters, not the District.  Also, he did not say “anything about 
taking equal funds in any instance except for folks who didn’t meet their spend down rates.”  In 
addition,  he  stated  that  he  did  not  attribute  the  possible  plan  to  “tax”  the  Xxxxxs  to  meet  the 
shortfall to any belief that the Xxxxxs had fat in their budgets.  He “never said anything about fat 
at any time this morning and this was not about excess in budgets at all.”  Regarding her com-
ment about the $300,000 lawn contract, he stated that it was “not correct either and I’m not sure 
who  gave  the  CAPT  that  info.    As  we  briefed  in  the  Budget  Brief,  we  use  $100K  of  a  $130K 
housing support fund from Hatteras to keep us afloat.  It has been this way since we stood up the 
Xxxxx and will be that way until the housing goes away.” 
 

The applicant alleged that he gave his draft email to CDR X so that he could decide how 
to  handle  the  situation.  In  addition,  he  “queried  the  other  Department  Heads  and  the  Deputy 
regarding its content.  He, like the other DHs, agreed that the CAPTs email did not reflect what I 
said and that it could look bad for me to the Chief of Staff.”  The applicant believes that CAPT X 
looked through the large pile of items on CDR X’s desk, saw the draft email, and considered it 
an assault on her character.  Thereafter, she “became very cold and distant … and there was no 
other reason for that to have happened.”  Previously, she had complimented him on his perform-
ance and congratulated him on his selection for command. 

 
With regard to the disputed OER, the applicant alleged that the reference to CGIS refers 
to an accusation that he mishandled an alleged rape case.  He denied that he mishandled it and 
alleged that “while one issue was different from our normally followed procedure, it was author-
ized by the local CGI agent,” and that CAPT X knew it was authorized before she prepared the 
OER.    In  support  of  this  allegation,  the  applicant  submitted  a  copy  of  an  email  he  sent  to  the 
Xxxxx  Command  Master  Chief  (CMC)  on  March  19,  2008,  in  which  he  wrote  that  a  “XXX’s 
wife  has  been  cleared  by  their  attorney  to  talk  to  a  member  of  the  command  prior  to  the  wife 
giving a statement to CGI.  I nor the Deputy or Captain can do it due to the legal issues.  [The 
Special Agent] has agreed that the XXX’s wife can talk to you and then he will get a statement 
from you later about what is said as necessary.  She would like to meet with you at 0900 tomor-
row morning.  Please advise … .”  The applicant also submitted a statement from a chief warrant 
officer (CWO), who wrote that he heard the applicant speaking on the telephone to a CGIS agent 
about  a  request  from  a  XXX’s  wife,  who  had  accused  another  member  of  raping  her,  that  she 

 

 

speak to a representative of the command.  The CWO stated that the impression he received from 
hearing  the  applicant’s  side  of  the  conversation  was  that  the  CGIS  agent  agreed  that  the  CMC 
could  speak  with  the  victim.    However,  the  CGIS  agent  later  called  the  command  to  complain 
about the meeting between the CMC and the victim having occurred.  When CDR X came to the 
applicant’s office to ask why the meeting had occurred, the CWO was present and told CDR X 
that, having overheard the applicant’s end of the conversation with the CGIS agent, he believed 
that the CGIS agent had approved the meeting.  On March 21, 2008, the applicant sent CDR X 
and CAPT X an email summarizing his notes regarding a meeting with them, which show that he 
had received new instructions about how to handle Page 7s for subordinates and that their future 
interactions with the Coast Guard Investigative Service (CGIS) would be handled by conference 
call and by emails cc’ed to the command cadre.   
 

With regard to moving the xxx offices, the applicant stated that he did not authorize the 
move, did not know the directions CAPT X had given the teams about the potential moves, and 
was on leave when the move occurred, which CAPT X knew.  In support of these allegations, he 
submitted an email he sent to several members on February 19, 2008, about their assignment to a 
working group tasked with studying space utilization at the Xxxxx and recommending “a best fit 
for all of the departments and divisions. … CWO [S] will be leading up the group and you will 
be asked to present  your proposal to the CAPT and Dept Heads at 1300 on 29 February.”  The 
applicant also submitted an email from the Xxxxx Engineering Officer dated April 15, 2008, in 
which the EO stated that the xxx shop had traded spaces with another group in early March, after 
several  months  of  discussions  and  negotiations,  to  improve  communications  between  the  three 
major engineering divisions and that the move had greatly enhanced his department’s efficiency.  
In addition, Mr. X of the xxx shop sent the EO an email on April 15, 2008, stating that he had 
collaborated with  the EO on the move for several  months and that the EO had told him in  late 
February that they could move the office “whenever we could work it out and that the shop could 
move after the new shed was built.”  Therefore, the move occurred on March 3, 2008.  Neither 
the EO nor Mr. X made any comment about the applicant’s knowledge of or involvement with 
the move.   

 
With regard to scheduling morale events, the applicant stated that the Morale Committee 
was not his responsibility; that he passed the proposed dates for morale events on March 11 and 
April 11, 2008, to his supervisor, CDR X, and to CAPT X’s administrative assistant at a meeting 
of Department Heads on February 27, 2008; and that CAPT X learned he had done so before she 
prepared the disputed OER.  He alleged that the assistant checked the command calendar during 
the meeting and did  not  state that there was any  problem with  the planned dates.  However, in 
April he learned that  CAPT X kept  a separate,  personal  calendar that  the assistant should have 
checked  but  did  not.    He  alleged  that  only  the  April  11,  2008,  event  was  at  issue;  that  he  had 
announced the planned date for that event at the meeting on February 27, 2008; that the date was 
changed to April 25th when CAPT X pointed out her conflict; and that she did not show up on 
April 25th anyway.  He alleged that he was unjustly blamed for the scheduling conflicts on April 
11th  even  though  he  was  not  the  Morale  Officer  and  both  CDR  X  and  CAPT  X’s  assistant 
attended  the  meeting  where  he  announced  the  planned  dates  of  the  morale  events.    He  alleged 
that it was up to the Morale Officer, not the applicant, to check with CAPT X’s assistant and the 
command calendar to ensure there were no scheduling conflicts with the selected dates.   More-
over,  he  alleged,  he  kept  the  command  cadre  informed  “on  all  manner  of  items  throughout  the 

 

 

period, even those not within my department.”  Therefore, he argued, all of the derogatory com-
ments  in  block  7  of  the  disputed  OER  are  unfounded.    In  support  of  his  allegations  about  the 
scheduling of the Morale events, the applicant submitted the following: 
 

  The applicant submitted a page out of the Xxxxx’s Standard Operating Procedures, which 
shows that it is the duty of the Administration/Personnel Division to maintain the Xxxxx 
Collateral Duty Instruction and to manage the Xxxxx Wellness and Physical Fitness Pro-
grams. 

  On February 27, 2008, the applicant emailed the Morale Officer and Morale Committee 
members noting that  CAPT X had requested  a calendar of  events.   The  applicant asked 
for  their  plans  for  the  next  three  months.    He  stated  that  “[t]he  only  planned  events  I 
know of right now are the sports days on the second Tuesday of each month (subject to 
change if necessary).  I think I recall soccer is scheduled for March, let’s do softball with 
a picnic at the park in April (11th?) (this can be combined with morale for funding) and 
kickball again in May if that is OK with  you and the committees.  Would it be possible 
for a spring trip to Xxxx Gardens around the 23rd of May?  This is not direction by any 
means, just food for thought/suggestions.  Please advise on your ideas.” 

  On March 27, 2008, the applicant  sent  CDR X and CAPT X an email  stating that  “[a]s 
passed,  the  current  plan  is  to  hold  a  softball  morale/sports  day  on  Friday  the  11th  of 
April.”  CAPT X replied that the chosen date “is in direct defiance of my explicit e-mail 
requiring all dates be de-conflicted with my calendar first.  April 11 has been booked for 
at least 2 months on my calendar.  Please provide the Deputy with the morale committee 
notes/emails where this date was announced.”   

  On March 28, 2008, the applicant replied that the information about the April 11th sports 
day was passed at the Department Head meeting on February 27 because he was trying to 
follow her order to keep her informed of such matters three months in advance.  He had 
thought  that  her  administrative  assistant,  who  attended  that  meeting,  would  ensure  that 
there  were  no  conflicts  with  the  command  calendar  and  would  pass  the  information  to 
her.  He noted that the administrative assistant had once left the meeting “to get the calen-
dar to ensure she had it to get everything down” and that the administrative assistant had 
written down the date and did not state that there were any conflicts.  However, he had 
just learned that the event was never entered on the command calendar.  He noted that the 
date could still be changed and that he would contact the Morale Committee, her admin-
istrative assistant, and CDR X “to ensure that there are no conflicts and find a date that 
you,  the  Deputy  and  as  many  of  the  cadre  can  attend  and  have  the  Morale  Committee 
reschedule it for that date.”   

  The Xxxxx CMC responded to this email, asking the applicant if he was alright and stat-
ing  that  she  hoped  that  an  email  she  had  written  about  scheduling  conflicts  had  not 
thrown him or anyone else “under the bus.” 

  On April 7, 2008, CAPT X gave the applicant an administrative letter of censure, which 

does not appear in an officer’s record.  The letter states the following: 

 

 

 

 

 

 

 

 

 
1.    Your  performance  over  the  past  several  weeks  has  been  significantly  below  the  level  of  that 
expected  of  a  Xxxxx  Xxxxxx  Department  Head  and  a  Commander  in  the  United  States  Coast 
Guard. 
 
2.  On Friday, March 21, 2008, I counseled you verbally on deficiencies in your performance and 
my expectations for the future.  I specifically directed you to keep the Deputy and I informed on 
all  matters that related to this Command, especially if  you  were  going to take actions that coun-
tered any of my explicit instructions.  You were present at the Department head meeting where I 
directed that all-hands events must be cleared through my calendar in advance and all Department 
Heads informed prior to scheduling to allow maximum participation by the senior officers in the 
command.  Despite these specific instructions, you forwarded an email on Friday, March 28th that 
indicated  an  all  hands’  morale/sports  day  had  been  scheduled  for  11  April  even  though  I  had  a 
previous commitment listed on my calendar.  Other members of the command cadre also had pre-
vious commitments that day. 
 
3.    This  latest  incident  reflects  a  continuing  pattern  of  repeated  failures  to  keep  me,  the  Deputy 
Xxxxx  Commander,  and  fellow  Department  Heads  appropriately  informed  of  important  events.  
Your actions reflect poorly on your performance of duty, communications, judgment, leadership, 
and  professionalism  as  a  Department  Head  and  as  a  senior  officer  in  the  United  States  Coast 
Guard.  I expect  more from  my  senior staff.   I encourage  you  to take stock of  your actions, and 
make positive steps to ensure these performance deficiencies are not repeated in the future. 
 
4.    You  shall  operate  your  Department  to  provide  full  and  open  communications  with  me,  the 
Deputy  Xxxxx  Commander,  and  other  Department  Heads.    You  shall  immediately  inform  the 
appropriate  Department  Head  of  any  information  that  affects  that  Department,  any  subordinate 
units,  or  Department  personnel,  and  provide  updates  on  issues  as  they  develop.    I  expect  you  to 
use sound judgment in determining items that must be raised to the Command level, and those that 
may be resolved at the Department Head level.  If you are in doubt about whether or not a matter 
requires  my  personal  attention,  you  shall  inform  the  Deputy  Xxxxx  Commander  and  follow  his 
direction. 

  CDR Y, the Xxxxxx Department Head at the Xxxxx, stated that at the Department Head 
meeting  on  February  27,  2008,  CAPT  X  was  absent,  but  CDR  X  was  present.    At  the 
meeting, the applicant announced the dates for the next three morale events, including a 
March 11th soccer event, an April 11th softball event, and a Xxxx Gardens trip scheduled 
for  either  May  16th  or  23rd.    CDR  Y  stated  that  he  noted  down  the  dates  to  avoid 
scheduling work for his subordinates on those days.  CAPT X’s administrative assistant 
was  taking  notes,  and  CDR  X  told  the  assistant  to  check  CAPT  X’s  calendar  to  ensure 
she had no conflict  with  those dates.  However,  in  early April,  CDR Y stated, he heard 
about a conflict between the applicant and CAPT X because she had a conflict with the 
April  11th  morale  event.    He  then  went  on  leave  for  a  couple  of  weeks  but  upon  his 
return, he offered CDR X his notes of the February 27th meeting to show that the appli-
cant had indeed briefed the April 11th date at the meeting, but CDR X stated that it was 
not necessary.  In support of his allegations, CDR Y submitted a copy of his notes of the 
February 27th meeting, which show the planned dates for the three morale events. 
 
The  applicant  alleged  that  he  was  told  that  “as  long  as  nothing  else  happened  before  I 
transferred,  the  issues  discussed  in  the  Letter  of  Censure  would  not  be  held  against  me  in  my 
OER,” but they were.   

 

 

 

In addition, the applicant alleged that CAPT X unjustly removed him from his duties as 
Commanding Officer (CO) of Military Personnel based on an erroneous perception that he was 
presenting himself as the CO in the community.  The letter about his removal from these duties, 
also dated April 7, 2008, states the following: 
 

1.    Reference  (a)  designated  the  Xxxxxx  Department  Head  of  Xxxxx  …  as  the  Commanding 
Officer of Military Personnel for Xxxxx ….  As your superior commander, I am withholding your 
authority to act as Commanding Officer of Military Personnel effective immediately.  Until further 
notice, you may not impose non-judicial punishment, sign documents as Commanding Officer of 
Military Personnel, or use the title of Commanding Officer of Military Personnel. 
 
2.  Additionally, I have concerns that your use of the title “Commanding Officer of Military Per-
sonnel” or similar terms has led to confusion over your status.  Therefore, to reduce the possibility 
for confusion in the future, you are directed to not identify yourself as a commanding officer when 
dealing  with  members  of  the  public  or  other  military  organizations.    You  may  not  serve  as  the 
official representative of the Coast Guard or Xxxxx … at any community event, military function, 
meeting, or ceremony without specific prior approval from me or the Deputy Xxxxx Commander.  
You are directed to forward all official invitations sent to you for military or community events to 
the front office unless clearly extended to you in your personal rather than official capacity.  You 
shall  immediately  cease  all  participation  on  the  Military  Advisory  Committee  and  refer  any 
requests  or  questions  about  MAC  activities  to  the  Deputy  Xxxxx  Commander  or  designated 
Xxxxx Representative to the MAC. 
 
3.  Your remaining duties and responsibilities as Xxxxxx Department Head are not affected by this 
action.    You  shall  continue  to  prepare  and  review  xxxxxx  related  documents,  reports,  and 
personnel matters, and coordinate as appropriate with other Department Heads.  You shall forward 
signature-ready packages to the Deputy Xxxxx Commander for his or my action as appropriate. 

 

The applicant stated that the prior  Xxxxx Commander had designated him as the “Base 
CO” for 18 months, but “the parking space had been painted over, the office nameplate removed, 
and I scratched it off of my calling cards. … [The prior Xxxxx Commander] didn’t want to have 
to  deal  with  the local  base issues with  all he had to  do … When [CDR X] reported aboard, he 
asked  [the  prior  Xxxxx  Commander]  to  change  it  to  ensure  there  was  no  confusion  about  our 
statuses in the community and it was changed without event.”  The applicant stated that, contrary 
to CAPT X’s perception, he did not claim to be the Xxxxx CO or use the title “Base CO” after it 
ended and he did not contribute to any confusion in the community about his title.   “All of the 
administrative procedures as CO of MILPERS were conducted flawlessly as had been the case in 
the past.  My judgment was never questioned by the CAPT or anyone else regarding mast pro-
ceedings.”  The applicant alleged that he committed no violations that warranted his relief as CO 
of Military Personnel and that the only reasonable justification available was a personality con-
flict between him and CAPT X.  He alleged that CAPT X’s misperception was based on invita-
tions he received during the evaluation period as a paying member of the Military Affairs Com-
mittee (MAC) of the county’s Chamber of Commerce.  In support of these allegations, the appli-
cant submitted the following: 

 

  On  March  21,  2008,  the  applicant  forwarded  to  CAPT  X  an  emailed  invitation  to  a 
change  of  command  ceremony  from  a  Marine  Corps  unit  on  April  11th.    He  wrote,  “I 
have gone to these in the past, but wanted to info you in case you would like to or would 
like the Deputy to be your representative.  Please advise.”  In response, she asked him to 
forward all such invitations to her and stated that she or CDR X would normally attend 

 

 

 

and that they would solicit a representative when they could not attend.  On March 24th, 
the applicant replied and asked who would be attending so that he could let the sender of 
the email know.  Her administrative assistant replied, stating that CAPT X had stated that 
the applicant should attend the event but that the administrative assistant should reply to 
the  email  for  him  as  the  voice  of  the  front  office  for  special  invitations.    The  applicant 
agreed to go, and CAPT X thanked him. 

  On March 25, 2008, the applicant sent an email to the District command, stating that he 
had received an invitation to the District change-of-command ceremony and was asked to 
find out if it was a personal invitation for him.  The District Chief of Staff responded that 
“[i]nvitations  were  sent  to  all  incoming  COs  as  a  courtesy,  but  no  expectations  or 
requirements to attend.  You are certainly welcome, but please know that there won’t be a 
head count.” 
 

  On April 28, 2008, the Marine Corps sent the applicant another invitation to a change-of-
command ceremony scheduled for May 23, 2008.  The applicant forwarded it to CDR X, 
CAPT X, and CAPT X’s assistant.  On May 2, 2008, CAPT X replied, stating that in light 
of their detailed discussions regarding his being incorrectly addressed as the Xxxxx CO, 
she assumed that he was “ACTIVELY ensuring [he] was correcting those members of the 
community;  AND  actively  removing  your  name  from  any  and  all  of  these  lists.”    The 
applicant  replied  that  he  “will  take  this  for  action  first  thing  Monday  morning.    The 
invites may be due to me and the Master Chief being paying members of the MAC … but 
I have told them and will follow up again to ensure there are no further problems.  The 
Master Chief will attest I have not attended any MAC functions since I was directed not 
to.”  CAPT X replied that “per the April letter, you should terminate your MAC partici-
pation  if  [you]  have  not  already  done  so.    Your  termination  should  serve  to  reroute  the 
emails to the proper Xxxxx POC.”  On May 5, 2008, the applicant sent CDR X an email 
stating that he had called the MAC chairman to ensure that his name would be removed 
from  “any  MAC  member  email  bang  lists  …  I  want  to  clarify  that  to  the  best  of  my 
knowledge, they never thought I was the CO of anything only the rep for the Xxxxx and 
the Admin boy as I jokingly told them on many occasions. … All of these folks have met 
both CAPT’s and you so I’m not sure where the confusion came in. … I have not violated 
the Letter of Censure the CAPT gave me or the Withholding of the CO of MILPERS let-
ter in any way and will not do so as my only intention for this entire three years was to do 
my job to the best of my ability and to help others as I could.” 
 
With regard to CAPT X’s criticism of his leadership in the disputed OER, the applicant 
noted that she had appointed him to mentor a GS-11 from the Marine Corps despite the fact that 
he “had the largest workload of any Department in the Xxxxx” and was the most junior CDR at 
the Xxxxx.  He also noted that he was asked to stand in as the Acting Deputy several times when 
CDR X was absent, including the final two weeks of the evaluation period. In support of these 
allegations, the applicant submitted an email dated February 6, 2008, in which CAPT X’s assis-
tant  sent  an  employee  of  the  Marine  Corps  stating  that  the  applicant,  an  outstanding  officer, 
would  be  her  assignment  officer,  supervisor,  and  mentor  during  her  60-day  rotation  at  the 
Xxxxx. 
 

 

 

The  applicant  denied  having  been  counseled  about  any  problems  regarding  his  alleged 
failure  to  listen  to  the  advice  of  the  District’s  legal  officers.    He  noted  that  he  had  worked  for 
many  senior  officers,  including  flag  rank  officers,  during  his  career  and  had  “never  had  any 
problems picking up intended messages nor understanding spoken words.” 

 
Regarding  CAPT  X’s  comments  in  the  OER  that  his  adaptability  and  teamwork  were 
below the level expected of a CDR, he noted that the comments are inconsistent with the marks 
of  5  he  received  from  CDR  X  for  these  performance  categories  since  a  mark  of  4  denotes  the 
expected level of performance.  The applicant alleged that because CDR X assigned him above-
standard marks of 5 in these categories, CAPT X should not have included these negative com-
ments.  The applicant noted that all of the negative comments in the disputed OER correspond to 
marks of 4 or higher and so, he argued, they should all be removed since a marks of 4 and 5 are 
not below-standard marks and do “not rate a negative comment.” 
 

The applicant alleged that his supervisor, CDR X, “was influenced to change his position 
regarding the OER after it was questioned by the District Chief of Staff.”  He noted that while 
CDR X has denied being directed to change his marks or comments in the OER, he did not state 
whether he felt influenced to do so.   He alleged that both CDR X and CAPT X’s assistant told 
him  that  CDR  X  had  gone  to  CAPT  X  “on  several  occasions  to  get  her  to  give  me  the  higher 
marks I deserved.”  In support of this allegation, the applicant submitted an unsigned draft of the 
disputed OER, which includes CAPT X’s mediocre marks and negative comments but does not 
contain any negative comments by CDR X in the supervisor’s section and includes a mark of 5 
for the category “Speaking and Listening,” instead of the mark of 4 ultimately assigned. 
 
 
Regarding his request for a medal, the applicant alleged that CDR X asked him to provide 
input for a Meritorious Service Medal (MSM), which is higher than a Commendation Medal.  At 
his check-out interview, CAPT X stated that although she could have given him an award for his 
accomplishments,  she  did  not  do  so  because  the  last  line  of  an  award  citation  states  that  the 
officer  has  “upheld  the  highest  tradition  of  the  United  States  Coast  Guard”  and  she  did  not 
believe  he  had  done  so  but  she  would  not  justify  this  claim.    He  alleged  that  her  decision  was 
based  on  her  “misperceptions  and  her  self-described  personality  conflict.”    In  support  of  these 
allegations, the applicant submitted an email dated March 3, 2008, in which he sent CDR X input 
for an end-of-tour award since he was transferring in the summer, a deadline for such input had 
been announced, and he was going to be out most of the week.  CDR X thanked him for the input 
and  stated,  “That  is  exactly  what  I  needed.”    On  March  24,  2008,  after  he  sent  another  email 
about his award, CAPT X noted that CDR X had “the lead on this issue.” 
 
 
The  applicant  also  submitted  other  documents  to  support  his  allegation  that  he  was 
treated unfairly and that, although he kept his supervisor CDR X informed, his supervisor did not 
pass information timely to CAPT X: 
 

  On January 14, 2008, the prior Xxxxx Commander sent the applicant a draft of the appli-
cant’s prior OER, asked him to review it, and stated, “You are without a doubt a super-
star, and I’m thankful to have served with you.” 

 

 

 

 

 

 

  On March 11, 2008, the prior Xxxxx Commander sent the applicant an email stating that 
while  agonizing  over  some  personnel,  finance,  administrative,  and  xxxxxx  work,  he 
acquired “a full appreciation for all you did for me.  Thanks for doing it so well.” 
 

  On March 21, 2008, CDR X forwarded to the applicant an email from CAPT X in which 
she had asked CDR X on March 5, 2008, to initiate an audit of the Xxxxx’s government 
vehicle usage.  CDR X stated, “Woops, here is  a tasker I forgot to act on!  Please have 
Engineering complete a GV audit as detailed below.” 
 

  On  March  24,  2008,  CAPT  X  sent  the  applicant  a  reply  email  stating  she  had  not  been 
briefed on a matter that  CDR X had been handling concerning the command’s endorse-
ment of a member for a possible overseas assignment.  She asked if the matter had to be 
resolved by March 27th when CDR X would return.  The applicant forwarded her email 
to CDR X, who replied on March 28th, asking the applicant to bring him the paperwork.  
The applicant then forwarded this email to himself with the comment that the paperwork 
“was on his desk in the middle of all of the piles of stuff, not the first time this has hap-
pened  and  when  I  told  him  it  was  on  his  desk,  he  was  visibly  upset  and  said  he  didn’t 
have it, until we found it and then of course no apology …” 

  On April 11, 2008, the applicant sent CDR X an email updating him on several discipli-
nary  matters  and  pending  discharges  and  requesting  guidance.    On  April  28,  2008,  the 
applicant sent him another email asking again for guidance on four of the same matters.  
CDR X replied, stating that they would meet with CAPT X the next day to address those 
matters and any others that were pending.  CDR X noted that he and CAPT X had been 
“operating  via  TREO  out  of  a  gov/t  vehicle,  Emergency  Management  spaces  and  hotel 
rooms the last couple of weeks, so these things have not been resolved.  It’s good to be 
back in the office and it’s good to have you back.” 
 

  Also  on  April  11,  2008,  the  applicant  sent  CDR  X  an  email  asking  if  he  approved  the 
appointment of a housing management assistant.  On April 28, 2008, the applicant re-sent 
CDR  X  the  email  asking  if  he  had  approved  the  matter.    CDR  X  replied the  same  day, 
stating  that  he  could  not  recall  having  approved  it  before,  but  that  it  did  meet  with  his 
approval.  He apologized for the delay. 
 

  On April 25, 2008, a senior chief petty officer sent the applicant an  informational email 
about  a  mast  that  would  be  held  for  a  senior  petty  officer  accused  of  insubordination.  
The applicant forwarded it to CDR X, who thanked him for keeping him “in the loop.” 

  On August 7, 2008, the CDR who took over as Xxxxxx Department Head upon the appli-
cant’s departure stated that the department “was in good shape when I took over for [the 
applicant].” 
 

  Another CDR stated that she has served with the applicant for two two-year tours of duty 
and that she never heard him use profane language at any time to superiors, peers, or sub-
ordinates on or off duty.  She also  stated that while Acting CO of military  personnel  at 
the  Xxxxx  in  the  summer  of  2006,  the  applicant  had  authorized  some  awards  after  the 

 

 

CAPT told him that he could do so.  At the time, the “Xxxxx construct was still very new 
and there [were] several role clarity issues” to work through. 

SUMMARY OF THE RECORD 

 
 
On July 7, 2005, the applicant reported to the Xxxxx as a lieutenant commander to serve 
as the Xxxxxx Department Head.  On his first OER in this position, dated April 30, 2006, which 
was  his  last  OER  as  a  lieutenant  commander,  his  supervisor,  the  prior  Deputy  Xxxxx  Com-
mander, assigned him six marks of 7 and seven marks of 6 in the various performance categories.  
His reporting officer, the prior Xxxxx Commander, assigned him three marks of 7 and two marks 
of  6  in  the  performance  categories  and  a  mark  of  “Strongly  recommended  for  accelerated  pro-
motion”  in  the  sixth  spot  on  the  comparison  scale.4    The  applicant  was  promoted  to  CDR  on 
October 1, 2006. 
 
The  applicant’s  second  OER  as  the  Xxxxxx  Department  Head,  dated  March  31,  2007, 
 
was  his  first  as  a  CDR  and  was  prepared  by  the  new  Deputy  Xxxxx  Commander,  CDR  X, 
serving as his supervisor and by the prior Xxxxx Commander as his reporting officer.  CDR X 
assigned  him  five  marks  of  7  and  eight  marks  of  6  in  the  performance  categories.    The  prior 
Xxxxx  Commander  assigned  him  three  marks  of  7  and  two  marks  of  6  in  the  performance 
categories, a mark of “One of the few Distinguished performers” in the sixth spot on the revised 
comparison  scale  and  a  mark  of  “Recently  promoted  to  O-5”  on  the  promotion  scale.5    The 
Xxxxx Commander included a strong recommendation for promotion to  O-6 and for command 
positions  in  his  written  comments.    In  late  2007,  the  applicant  was  selected  and  assigned  to 
command  a  Naval  Engineering  Support  Unit  upon  his  scheduled  departure  from  the  Xxxxx  in 
June 2008. 
 
 
The applicant’s third OER as the  Xxxxxx Department  Head, dated December 20, 2007, 
was required due to the change of command and the departure of his reporting officer, the Xxxxx 
Commander.  CDR X assigned the applicant four marks of 7 and nine marks of 6 in the perform-
ance categories, while the departing  Xxxxx Commander assigned him four marks of 7 and one 
mark of 6 in the performance categories, a mark of “One of the few Distinguished performers” in 
the sixth spot on the revised comparison scale, and a promotion scale mark of “Accelerated Pro-
motion/In-Zone Reordering.” 
 

On December 21, 2007, CAPT X took command of the Xxxxx.  On April 7, 2008, CAPT 
X  gave  the  applicant  the  administrative  letter  of  censure  and  withheld  his  authority  to  act  as 
Commanding Officer for Military Personnel as quoted on pages 5 and 6, above.  Such letters are 
not entered in the officer’s record. 
 
 
The disputed OER covers the applicant’s service from CAPT X’s arrival at the Xxxxx on 
December 21, 2007, through the applicant’s end of tour on June 27, 2008.  His supervisor, CDR 
X, assigned him four marks of 7, five marks of 6, three marks of 5 for  “Adaptability,” “Team-

                                                 
4 See footnote 1 for an explanation of OER marks. 
5  The  new  promotion  scale  has  four  possible  qualitative  marks  of  “Do  Not  Promote,”  “Promotion  Potential,” 
“Definitely Promote,” and “Accelerated Promotion/In-Zone Reordering,” and two alternative, non-qualitative marks 
of “Recently Promoted to O-5” and “Already Selected [for promotion] to O-6.” 

 

 

work,” and “Workplace Climate,” and an average mark of 4 for “Speaking and Listening,” sup-
ported by the comment that although a gifted speaker, he “[f]ailed to listen carefully for intended 
msgs/spken words fm Cmd DXX(l), CGIS, etc, re sched events, pers’l cases, office moves, etc.”  
His  reporting  officer,  CAPT  X,  assigned  him  two  marks  of  5  for  “Initiative”  and  “Health  and 
Well-Being”; three marks of 4 for “Judgment,” “Responsibility,” and “Professional Presence”; a 
mark of “Strong performer, very competent and respected professional” in the third spot on the 
comparison scale; and a promotion scale mark of “Promotion Potential.”  These marks were sup-
ported  by  the  comments  quoted  on  page  2,  above.    No  end-of-tour  medal  was  attached  to  the 
OER. 
 

On July 7, 2008, the applicant assumed command of a Naval Engineering Support Unit.  
On his first OER in this position, he received four marks of 7, eleven marks of 6, and three marks 
of  5  in  the  performance  categories,  a  mark  of  “Exceptional  performer,  give  toughest  and  most 
visible leadership assignments” in the fifth spot on the comparison scale, and a promotion scale 
mark of “Definitely Promote.” 
 

PERSONNEL RECORDS REVIEW BOARD 

 
The applicant contested the disputed OER by applying to the Personnel Records Review 
 
Board  (PRRB),  which  apparently  denied  his  request  to  correct  or  expunge  the  disputed  OER, 
although no copy of the PRRB’s decision is in the record before the board.  However, the appli-
cant submitted some declarations and other evidence that were gathered for the PRRB. 
 
Declaration of CAPT X, the Xxxxx Commander, for the PRRB 
 
CAPT X alleged that the disputed OER was a “fair and accurate reflection of [the appli-
 
cant’s] performance during that marking period and should be retained in its entirety.  Nothing 
contained within the application compels me to reconsider any mark or comment.”  With regard 
to the applicant’s claim that she had changed or required CDR X to change any part of his sec-
tion of the OER, CAPT X denied this claim.  She stated that after she submitted the OER to the 
reviewer, the District  Chief of Staff, he returned  the OER,  “noting inconsistencies between the 
‘Communications  Skills’  in  block  4  and  ‘Personal  and  Professional  Qualities’  in  block  8  (e.g. 
‘failed to follow explicit instruction’, etc).   At no time did  [the reviewer] or  I direct  or require 
[CDR X] to change a mark or comment.” 
 
 
CAPT X denied the applicant’s claim to the PRRB that she had ordered him to write his 
own OER.  She stated that she specifically told all of the department heads that supervisors had 
to write the OERs for their subordinates. 
 
 
CAPT X denied the applicant’s claim to the PRRB that during his meeting with CAPT X 
on March 21, 2008, he  “found it very difficult to hear any intended messages when [CAPT X] 
used extremely foul language, as she called her ‘Boatswain’s Mate language’ when relaying her 
expectations  to  me  during  our  meeting.”    CAPT  X  stated  that  she  could  “not  recall  using  foul 
language  that  could  be  considered  either  ‘extremely  foul’  or  ‘Boatswain’s  Mate  language’  to  a 
reasonable  person’s  standard.”    She  stated  that  during  her  career  she  had,  “on  occasion,  been 
upset enough about something to curse,” but she denied using profanity commonly. 

 

 

 
 
CAPT  X  denied  the  applicant’s  claim  to  the  PRRB  that  she  had  implied  that  he  spoke 
effeminately.    She  stated  that  because  she  was  baffled  by  this  claim,  she  asked  some  of  the 
department heads if they could recall her saying such a thing, and no one could recall it.  How-
ever, the Xxxxx staff viewed a video about communication styles, which noted that some people 
will  send  an  email  with  the  “bottom  line  up  front”  and  fill  in  details  afterward  if  they  are 
requested  while  others  “tell  the  whole  story.”    The  video  noted  that  women  typically  “tell  the 
whole  story”  ending  with  their  conclusions,  while  men  more  often  give  the  “bottom  line  up 
front.”  The video does not state that one style is better than another.  During  the discussion of 
the video, she thinks she compared and contrasted they styles by noting examples and, given the 
applicant’s accusation, she “assume[s] that he must have ‘told the whole story’ in a brief given 
that day that [she] used as an example of that particular style.”  She concluded by telling them 
that  that  the  Xxxxx  was  adopting  a  hybrid  style,  in  that  they  should  put  the  “bottom  line  up 
front”  and  follow  it  by  telling  the  “whole  story.”    She  told  the  PRRB  that  she  had  queried 
members who had seen the video that day and they all denied that she had ever implied that the 
applicant or anyone else spoke effeminately. 
 
 
CAPT X denied the applicant’s claim to the PRRB that he had been evaluated on a duty 
outside the scope of his duties because he was not responsible for the Morale Committee.  She 
stated  that  the  applicant’s  “duties  included  supervising  the  Morale  Committee  and  its  events.”  
She  noted  that  the  Xxxxx  Organizational  Manual,  COMDTINST  M5401.6,  states  in  several 
places that the Xxxxxx Department Head is responsible for managing and overseeing the Morale, 
Well-Being,  and  Recreation  programs.    She  stated  that  her  Xxxxx  Standard  Operating 
Procedures  were  still  in  draft  form  but  were  nearly  identical  to  the  COMDTINST  and  that  the 
applicant himself had submitted the draft section for Xxxxxx.  She noted that the Morale Officer 
stated  that  his  chain  of  command  for  scheduling  Morale  events  was  the  applicant,  who  signed 
almost all Morale documents at the Xxxxx, including the designation of the Morale Officer and 
the  quarterly  Morale  budgets.    She  also  noted  that  at  Department  Head  meetings,  either  the 
applicant  or  his  representative  from  the  Xxxxxx  Department  passed  information  on  Morale 
events. 
 
 
CAPT  X  denied  the  applicant’s  claim  that  he  was  not  responsible  for  scheduling  the 
Morale event of April 11, 2008.  She stated that the Unit Health Promotion Coordinator, yn2 x, 
has confirmed that all the events were coordinated and approved by the applicant.  She alleged 
that on February 15, 2008, she had had a detailed discussion with the Department Heads about 
coordinating  calendars  for  events  to  ensure  maximum  participation  by  leadership,  and  that  she 
followed this discussion up with an email about “the need to notify the Command Cadre early to 
ensure conflicts are resolved before a date is ‘approved’ and announced to the crew.”  She denied 
the applicant’s claim that the event had been scheduled in February.  She investigated his claim 
before giving him the letter of censure and found that while he had mentioned several dates in a 
late February meeting, CDR X and her assistant “both recall[ed] these [dates] as being passed as 
tentative  or  targeted  dates.    Subsequent  Department  Head  meetings  between  late  February  and 
late March were void of additional discussion of these dates or the events planned.”  In addition, 
on March 27, 2008, yn2 x sent the applicant an email, which was copied to the CMC, saying, “I 
wanted [to] confirm  with  you that the 11th  of April is  still good for our  next  sports day  as the 
softball sports/morale day.  Request your confirmation of the time and date so we can make the 

 

 

reservation for the fields, and funds.”  CAPT X  stated that when the CMC saw this email,  she 
pointed  out  to  the  applicant  that  there  was  a  conflicting  retirement  ceremony  on  CAPT  X’s 
calendar for that date, and the applicant told the CMC that he was “going forward with the date 
anyway.” 
 
 
CAPT X denied the  applicant’s claim  that he had no prior knowledge of the  xxx office 
move.  CAPT X stated that she told all of the Department Heads several times that no one should 
move  until  a  plan  was  developed  and  approved  and  the  crew  had  been  briefed  at  an  all-hands 
meeting.  CDR X had repeated these directions at a follow-up meeting.  However, according to 
the EO and Mr. X, the head of the xxx Shop, the applicant was briefed on their intention to move 
the xxx offices in February, before he went on leave, and had received the applicant’s approval.  
Then,  when  the  applicant  returned  from  leave,  he  did  not  disclose  that  the  offices  had  moved.  
CAPT X did not discover the move until mid March, and at their meeting on March 21, 2008, the 
applicant initially admitted having known that the xxx offices intended move and that he had not 
passed  on  her  orders  about  office  moves  to  his  subordinates  but,  later  during  the  meeting, 
claimed that he thought that CAPT X had approved the move.  When she asked the EO and Mr. 
X separately about emails they had written about the xxx office move at the applicant’s request, 
they told her that they had written to include “as much detail as they could in their emails with-
out  being  dishonest.”    She  alleged  that  when  she  asked  what  they  meant,  they  both  stated  that 
they  had  specifically  avoided  claiming  that  the  applicant  did  not  know  their  intention  to  move 
their offices because he had, in fact, known and approved of the move before he went on leave, 
but they knew he was trying “to cover his tracks.” 
 
 
CAPT X denied the applicant’s claim to the PRRB that she had failed to counsel him on 
her  expectations  until  three  months  after  she  arrived.    She  stated  that  she  met  with  each  of  the 
Department Heads, including the applicant, soon after she reported to the Xxxxx.  She stated that 
these in-briefs were “uneventful and consistent with the Command Cadre in-briefs [she has] con-
ducted in [her] previous five command cadre assignments.”  (CAPT X had twice commanded a 
ship  and  she  had  been  a  Deputy  Group  Commander,  Group  Commander,  and  Deputy  Xxxxx 
Commander.)  Following her in-brief, the applicant was in her office almost daily and they held 
frequent  impromptu  meetings  in  which  they  “would  sit  and  discuss  at  length  my  philosophies, 
my  view  on  personnel  matters,  and  his  various  duties  and  responsibilities  including  his  role  as 
the unit’s collateral duty coordinator.  I provided him with my expectations, tasking, and on-the-
spot performance feedback on a wide variety of  issues, including documents  or actions he was 
taking, and so on.”  Besides their one-on-one meetings, she also met with the Department Heads 
and command cadre “to discuss my expectations and command philosophy.” 
 
 
CAPT X denied the applicant’s claim to the PRRB that he had had no problems under-
standing  her  messages  or  directions  or  those  of  the  prior  Xxxxx  Commander.    She  stated  that 
during  the  marking  period,  she  learned  that  he  had  signed  for  members’  awards,  including  a 
Commendation Medal, even though it was “both outside the scope of his duties and responsibili-
ties and above his  award authority.”  CDR X told her that the prior  Xxxxx Commander would 
never  have  granted  the  applicant  this  authority  and  that  when  the  prior  Xxxxx  Commander 
“uncovered [the applicant’s] practice, he immediately ordered it stopped.”  However, she did not 
consider this breach of policy in preparing the disputed OER because it had happened during a 
prior evaluation period.  However, she was told “of additional, similarly flagrant examples of his 

 

 

misunderstanding the intended message of the previous Xxxxx Commander” that resulted in his 
being counseled for overstepping his authority. 
 
 
CAPT X denied the applicant’s claim to the PRRB that he was never counseled about his 
listening skills.  She alleged that after the XXX’s wife accused another member of rape, she told 
him “no less than 3 or 4 times” to make certain everyone treated the case “as a rape and sexual 
assault  and that they expressly follow the Commandant  Instruction.”  However, he ignored her 
direction “both in the initial notification to CGIS as well as several other follow-on actions that 
surrounded  this  case.    His  actions  caused  significant  hardship  on  the  victim,  the  accused,  the 
families, and the unit.  [She] provided [the applicant] with performance feedback on this case.” 
 
 
CAPT X alleged that the applicant’s deficiencies accumulated to the point that she coun-
seled him on March 21, 2008, because  “detailed reminders at meetings, follow-on emails, one-
on-one counseling, and on-the-spot performance feedback [were] not altering his performance.”  
At  their  2.5-hour  meeting  on  March  21st,  she  counseled  the  applicant  on  his  failure  to  keep 
Department  Heads  and  the  Command  Cadre  informed  “on  a  wide  variety  of  issues,  including 
morale  events.    He  was  counseled  and  provided  detailed  examples  of  various  issues  where  his 
failure to keep the Command or Department Heads informed of personnel actions caused addi-
tional workload for the command, his fellow Department Heads, and the staff.”  At the end of the 
meeting,  she  told  the  applicant  to  send  her  a  summary  of  their  conversation  and  the  follow-on 
actions she had requested.  However, he failed to provide her with a summary of their conversa-
tion and instead “only provided follow-on actions, a detail that did not escape me or the Deputy.”  
Therefore, she intended to provide him with “amplifying, electronic documentation of the coun-
seling sessions,” but before she followed up, she received his email regarding the Morale event 
he had approved for April 11, 2008, which was a date for which four of the five command cadre 
members,  including  him,  had  conflicts.    Therefore,  instead  of  documenting  the  counseling  ses-
sion herself, she prepared the Administrative Letter of Censure. 
 
 
CAPT X denied the applicant’s claim to the PRRB that she refused to discuss the OER 
with him.  She stated that she gave him the draft in his office so that he could review it in private 
before meeting with  her.  He brought  the OER to her office rolled up in  his hand for the OER 
counseling  and  close-out  session  since  he  was  transferring,  and  when  she  tried  to  discuss  the 
OER with him, he refused twice.  When she asked him why he would not discuss it, he said that 
the OER did not matter and that “no matter what is in this OER, I know what I have done here.”  
He told her that she was “nothing more than an instrument in God’s hands, the push that perhaps 
I need to  become a missionary.”  When she asked if he was sure, he said he was, and she told 
him that if he changed his mind, they could discuss the OER later. 
 
 
With regard to the applicant’s request for an award, CAPT X stated, she told him at their 
last meeting that she could not award him one because of his performance deficiencies.  She told 
him that she could not sign an award citation stating that he had “upheld the highest tradition of 
the United States Coast Guard.”  CAPT X noted that after the applicant left the Xxxxx, “several 
crew members came forward to the Command Master Chief, the Deputy and I expressing their 
concern for the disloyal and inappropriate comments made by [the applicant] during this marking 
period.  Some of these comments were about me, or other senior officers at the unit and made to 
his subordinates.  Several comments contained profanity or emotionally charged verbiage.”  She 

 

 

offered to help the PRRB contact these people if necessary.  In support of her allegations, CAPT 
X submitted several documents, including the following: 
 

  Several  pages  from  the  Xxxxx  Organizational  Manual  and  the  Xxxxx’s  draft  Standard 
Operating  Procedures  show  that  one  of  the  responsibilities  of  the  head  of  the  Xxxxxx 
Department  is  oversight  and  administration  of  the  Xxxxx’s  Morale,  Well-Being  and 
Recreation (MWR) program. 

  An affidavit from the Xxxxx’s Morale Officer, LT W, who stated that the applicant had 
designated him as the Morale Officer  and was the approval  authority for Morale events 
until April 2008, when he was told to submit all such matters directly to  CAPT X.  The 
applicant  approved  the  date  for  the  April  11  event  and  the  date  had  to  be  changed  to 
accommodate CAPT X’s calendar. 

  On March 17, 2008, yn2 x, the Unit Health Promotions Coordinator at the Xxxxx, sent an 
email to several crewmates saying, “Let me know if the 11th of April will work for the 
softball/sports day.  That’s what [the applicant] has in mind.”  Then on March 27, 2008, 
yn2  x  sent  an  email  to  the  applicant  asking  if  April  11th  was  “still  good  for  our  next 
sports day as the softball sports/morale day.  Request your confirmation of the time and 
date so we can make the reservations for the field and funds.”  The email was cc’ed to the 
CMC, who replied that CAPT X, CDR X, and she would all be away that day and asked 
if  the  event  could  be  rescheduled.    In  addition,  in  an  email  dated  May  7,  2009,  yn2  x 
stated with regard to the Xxxxx’s sports days, “from the time I reported to Xxxxx … in 
Sep 2004 to end of AY07, final approval came from [the applicant] as per his and former 
[Xxxxx Commander’s] instructions.  I do not remember much of the events or conversa-
tions that led up to  the  Sports Day  event  in  April 08, but  I do  recall there being  emails 
sent to [the applicant] requesting approval for a sports day during that time with [CAPT 
X’s administrative assistant] being copied.” 

 

In an email dated February 15, 2008, CAPT X asked the applicant how dates for events 
were  selected  because  the  last  two  had  been  scheduled  when  she  had  conflicts  and  she 
had learned of them only after it was too late to attend.  She also wanted the Department 
Heads to be able to attend the events.  She stated that she wanted the Command Cadre to 
be  notified  in  advance  so  that  schedule  conflicts  could  be  “resolved  BEFORE  a  date  is 
‘approved’  and  announced  to  the  crew.”    The  applicant  responded  that  such  events 
usually happened on the second Tuesday of each month and they had an event already set 
up for March.  He stated that the dates had never required “vetting” or coordinating with 
the command calendar before. 

  A  four-page  “command  philosophy”  she  prepared  for  the  Xxxxx  about  her  philosophy 

and expectations. 

 

 

 

 

 

 
 

 

 

Declaration of CDR X, the Deputy Xxxxx Commander, for the PRRB 
 
 
CDR X denied the applicant’s  claim  to  the PRRB that his  portion of the disputed OER 
was changed or that he was directed to change the marks and comments.  CDR X stated that the 
OER  reviewer  and  told  them  that  the  sections  were  not  consistent  in  how  they  addressed  the 
applicant’s listening skills.  CDR X stated that he reviewed his portion of the OER, reconsidered 
his marks, and comments, and revised the mark and comment for listening skills “to more con-
sistently match the behavior I had witnessed as Supervisor … during that marking period.” 
 
 
CDR X denied the applicant’s claim to the PRRB that he was criticized in the OER for a 
duty  that  was  not  his  responsibility.    CDR  X  stated  that  the  “documentation  and  information 
regarding morale funding, reports, meetings and events were routed through” the applicant as “a 
normal course of business.”  Both the Unit Health Promotion Coordinator and the Morale Com-
mittee Chairman worked for the applicant in the Xxxxxx Department, and he briefed such events 
at  Department  Head  meetings.    The  Morale  Officer  worked  in  the  Response  Department  but 
“reported  directly  to  [the  applicant]  regarding  all  morale  related  responsibilities  and  issues.”  
CDR  X  stated  that  it  was  the  applicant’s  responsibility  to  ensure  that  the  morale  and  sports 
events did not conflict with other scheduled events so that the command cadre could attend and 
show  good  leadership.    “In  fulfilling  this  responsibility,  [the  applicant]  had  been  directed  by 
[CAPT  X]  to  coordinate  with  the  Administrative  Assistant,  but  this  did  not  mean  that  merely 
announcing  a  date  at  a  meeting  relieved  [him]  of  his  responsibility  or  transferred  his 
responsibility to the Administrative Assistant.” 
 
 
CDR  X  denied  the  applicant’s  claim  to  the  PRRB  that  CAPT  X  failed  to  communicate 
her expectations.  He noted that CAPT X “very clearly explain[ed] her expectations to all senior 
staff members … [The applicant] was at that meeting.”  In addition, the applicant’s office was in 
close proximity to CAPT X’s office and they had daily one-on-one contact.  CDR X stated that 
“[w]hether intentionally or unintentionally, [the applicant] failed to carry out [CAPT X’s] clear 
direction regarding the morale/sports day event, the handling of a potential rape case and related 
coordination of this case with CGIS, and an office relocation of part of the Xxxxxx staff prior to 
a  move  plan  being  approved  by  [CAPT  X].”    CDR  X  concluded  that  the  disputed  OER 
accurately  reflects  the  applicant’s  performance  and  that  all  of  the  applicant’s  allegations  to  the 
PRRB were “inaccurate, unfounded and untrue.” 
 
Declaration of the Command Master Chief for the PRRB 
 
The CMC stated that after she reported to the Xxxxx in August 2007, the Health Program 
 
Coordinator,  yn2  x,  expressed  concern  that  the  Command  Cadre  seldom  attended  sports  day 
morale events.  She noted that “the events were seldom announced in a timely manner and that 
the information was not making it to the Deputy or the  Xxxxx Commander level so they could 
participate.”  She suggested that he begin cc’ing her on emails so that she could check for con-
flicts.  However, when yn2 x cc’ed her on an email in which he asked the applicant to confirm a 
particular date, she checked and noted a conflict, so she contacted the applicant to inform him of 
the conflict.  However, he came to her office and said that he was going to go forward with the 
date despite the conflict. 
 

 

 

The CMC also denied that CAPT X used excessive foul language.  In addition, she noted 
 
that after the applicant left the unit, a member told her that the applicant had made an inappro-
priate comment about CAPT X. 
 
Declarations of CDR Y 

 
CDR Y provided two statements for the PRRB.    In the first,  he  stated that  at  a Depart-
ment Head meeting on February 27, 2008, the CAPT X was absent, but CDR X was present.  At 
the  meeting,  the  applicant  announced  the  dates  for  the  next  three  morale  events,  including  a 
March  11th  soccer  event,  an  April  11th  softball  event,  and  a  Xxxx  Gardens  trip  scheduled  for 
either May 16th or 23rd.  CDR Y stated that he noted down the dates to avoid scheduling work 
for  his  subordinates  on  those  days.    CAPT  X’s  administrative  assistant  was  taking  notes,  and 
CDR X told the assistant to check CAPT X’s calendar to ensure she had no conflict with those 
dates.    However,  in  early  April,  CDR  Y  stated,  he  heard  a  rumor  about  a  conflict  between  the 
applicant  and  CAPT  X  because  she  had  a  conflict  with  the  April  11th  morale  event.    He  then 
went on leave for a couple of weeks but upon his return, offered CDR X his notes of the Febru-
ary 27th meeting to show that the applicant had indeed briefed the April 11th date at the meeting, 
but CDR X stated that it was not necessary.  In support of his  allegations,  CDR Y submitted a 
copy  of  his  notes  of  the  February  27th  meeting,  which  shows  the  planned  dates  for  the  three 
morale events. 

 
CDR  Y  also  submitted  a  statement  alleging  that  the  space  allocation  working  group 
“reported  directly  to  the  Xxxxx  Commander  and  were  not  authorized  to  discuss  pre-decisional 
information.  Department heads were not included in this process or privy to any of the briefings 
provided  by  the  committee  to  the  Xxxxx  Commander  or  Deputy.”    CDR  Y  also  denied  ever 
hearing the applicant curse; stated that when the CDR X was gone for three weeks in the spring 
of  2008,  the  applicant  and  other  Department  Heads  took  turns  as  Acting  Deputy  Commander; 
and  that  CDR  X  had  expressly  told  the  applicant  and  other  Department  Heads  to  submit  their 
OER  input  as  a  draft  OER  rather  than  as  bullets  before  CAPT  X  announced  that  she  expected 
each supervisor to write his subordinates’ OERs based on bullets and supporting documentation. 

 

SUMMARY OF APPLICANT’S ALLEGATIONS ABOUT PRRB DECLARATIONS 

The applicant included in his application many allegations about statements contained in 

 
 
the declarations submitted to the PRRB.  For example, the applicant alleged the following: 
 

  The  Command  Philosophy  provided  by  CAPT  X  was  not  actually  applied  during  the 

evaluation period. 

  The  applicant  and  CDR  Y  wrote  their  own  OERs  “under  the  direction  of  [CAPT  X].  
While  the  Deputy  specifically  gave  the  direction,  [CAPT  X]  was  standing  beside  him 
giving consent when it was said” and CDR X confirmed his request even after CAPT X 
stated at  a meeting that supervisors should write the OERs, which should cast  doubt  on 
CAPT X’s statements. 

  CAPT X and CDR X contradicted themselves, the April 7th Letter of Censure, and each 

other in their declarations to the PRRB. 

 

  The  applicant  did  not  have  the  “final  say”  in  picking  dates  for  Morale  events  and  his 
responsibility  for  the  dates  ended  when  he  passed  the  information  at  the  Department 
Heads meeting attended by CDR X and CAPT X’s assistant. 

  The applicant did not admit to having known about the xxx office move in advance at the 
March  21,  2008,  meeting  and  could  not  possibly  have  passed  on  her  instructions  about 
not moving offices since he was “out of the loop” regarding the relocation committee that 
was planning office moves. 

  CAPT X’s comments in her declaration about his signature on award forms were irrele-
vant since he signed for awards only during a prior evaluation period and it was never a 
problem until CAPT X heard about it in late March 2008. 

  CAPT  X  claimed  not  to  know  what  he  was  talking  about  when  he  mentioned  her  mis-
interpretation  of  his  information  in  her  email  to  the  Chief  of  Staff  at  the  March  21st 
meeting. 

  Many of the allegations made against him by CAPT X at the March 21st meeting resulted 
from CDR X failing to perform work timely or to pass information to her timely and the 
allegations were dropped when he pointed these facts out and offered to prove them. 

  CAPT X held him to a higher performance standard than she did CDR X, who claimed at 
the March 21st meeting  that the applicant could not expect them to read long emails on 
their cell phones when they were traveling. 

  CAPT X did not require him to provide her with a summary of their discussion at the end 
of their March 21, 2008, meeting and did not ask him for such a summary after he only 
sent her the email regarding actions she asked him to take. 

  The plan to speak to CGIS agents only in conference calls was made at the March 21st 
meeting  as  a  response  to  special  agents  providing  conflicting  information  on  several 
occasions, not because of any alleged failing on the applicant’s part. 

  At  the  March  21st  meeting,  CAPT  X  told  him,  “You’re  a  f*****g  Commander,  I 
shouldn’t have to  tell  you how to  do  your job,” and when he replied that he thought  he 
had been doing a good job based on his prior OERs, “she continued with the profanities 
for an extended period.  The meeting lasted for the next 2 hours or so.  She made several 
accusations without any  proof. … she calmed down for the last 15 minutes or so of the 
meeting and was relatively pleasant, and we finally got to the position to  rationally talk 
about things she wanted me to do for her, which were miniscule in nature, as noted in the 
email to her and the Deputy.” 

  At the March 21st meeting CAPT X “went into an extended tirade in which she was sit-
ting  on  the  edge  of  her  chair,  arms  flailing  and  hitting  her  head  as  if  indicating  I  was 
dumb  (like  used  for  sign  language),  head  spinning  as  if  in  a  stupor  and  rocking  in  her 
chair and shouting out the ‘F-bomb’ numerous times and saying how I’ve f****d up so 
many things, she doesn’t know what’s going on in my f*****g brain, and she has to work 
late to  cover my f*****g mistakes  and that  I  am not  the f*****g CO of  anything. …  I 
had done nothing to deserve the outburst.” 

  CAPT  X  frequently  used  foul  language  and  would  “get  ‘spun  up’ …  [so] we’d have to 

‘peel her off of the ceiling with a spatula to get her to come back down.’” 

  CAPT  X  had  very  poor  “listening  skills”  herself,  would  frequently  misquote  people 
within  seconds  of  being  briefed,  and  required  repeated  “overbriefing,”  as  shown  in  the 
March 7th emails. 

 

 

 

 

 

  The  CMC’s  claim  that  CAPT  X  did  not  use  “excessive  foul  language”  is  not  probative 

since “excessive is a relative term for each individual.” 

  The CMC had previously refused to submit  a statement on his behalf, claiming that she 

could not recall the events in question. 

  The CMC coached yn2 x in making his statement about the applicant approving all of the 

Sports Day dates. 

  The CMC’s declaration should be removed from the record “in its  entirety for potential 
integrity  and  collusion  issues”  because  he  believes  that  it  “may  be  based  on  a  form  of 
‘group think’ when the cadre was collecting the information for their [declarations for the 
PRRB].” 

  The  applicant  did  not  use  profanity  or  make  derogatory  statements  about  CAPT  X  or 
other members although he was very emotional about their accusations and the disputed 
OER,  CAPT  X  submitted  no  statements  to  support  this  claim,  and  because  CAPT  X 
stated that this information was received after the evaluation period ended, it is irrelevant 
to the disputed OER. 

  CAPT X did not counsel him about the disputed OER as she alleged.  After she gave him 
a copy of the draft OER,  saying she  would not  discuss it,  he photocopied it and took  it 
back to her office.  He was not invited into her office for a counseling session.  Instead, 
she just asked him twice if he had anything to say. 

  At their “check-out  interview” prior to  his  departure, she asked him what were the best 
and worst things about his tour at the Xxxxx.  He told her that the “worst thing was the 
last few months in  which  I had been persecuted  in  my opinion, that  I could  not  believe 
the lack of trust, and that it didn’t seem like she would listen to any explanations, always 
seeming  to  have  a  preconceived  idea  about  the  issues.”    She  asked  him  to  elaborate, 
which “opened up  a brief and reserved discussion about  the key issues discussed in  the 
OER. …  It  was  very  apparent  that  the  meeting  was  just  a  formality  and  that  the  CAPT 
was no more willing to discuss the issues than she had been before.” 

  The  applicant  stated  that  he  did  not  tell  CAPT  X  that  the  OER  might  be  God’s  way  of 
telling him to get out of the Coast Guard, only that it might be God’s way of telling him 
to “go in another direction”; that they did not discuss the OER in depth, contrary to her 
allegation; and that she did not tell him to call her if he changed his mind about discuss-
ing the OER. 

  CAPT  X  told  him  numerous  times  during  his  check-out  interview,  “I  want  everyone  to 
see that we had a personality conflict,” showing that she used the OER for her personal 
vendetta. 

  CDR X’s claim that the OER is accurate contradicts his prior request for the applicant’s 
input for an end-of-tour Meritorious Service Medal, which supports his claim that CDR X 
was improperly influenced. 

VIEWS OF THE COAST GUARD 

On  July  23,  2010,  the Judge  Advocate  General  (JAG)  of  the  Coast  Guard  submitted  an 
advisory opinion in which he recommended that the Board deny relief in this case.  In so doing, 
he adopted the findings and analysis provided in a memorandum on the case prepared by the Per-
sonnel Service Center (PSC, the successor to the Personnel Command).   

 

 

 

The  PSC  submitted  new  affidavits  from  the  applicant’s  rating  chain  and  stated  that  the 
rating chain has verified the accuracy of their marks and comments in the disputed OER and that 
the marks and comments properly described the applicant’s strengths and weaknesses.  The PSC 
alleged that the applicant “did not provide evidence to indicate the disputed OER was not com-
pleted in accordance with OES [Officer Evaluation System] policy.”  Regarding the applicant’s 
request for an award for his tour at the Xxxxx, the PSC stated that recommending an officer for 
an  award  is  with  within the  authority  and  discretion  of  the  Xxxxx  Commander.    The  PSC  rec-
ommended that the Board deny all relief because the applicant  “has not provided evidence that 
overcomes the presumption of regularity.” 
 
Second Declaration of CDR X 
 
 
CDR  X  stated  that  his  first  declaration  “was  made  in  direct  response  to  specific 
comments made in [the applicant’s] sworn PRRB statement.”  This second declaration addresses 
“the  major  issues”  in  the  applicant’s  BCMR  application,  and  the  lack  of  a  comment  on  any 
specific point does not mean he agrees with it. 
 
 
CDR  X  stated  that  after  reading  the  applicant’s  draft  email  of  March  7,  2008,  he  dis-
cussed the matter with CAPT X, “who I believe called the Chief of Staff to make sure any incon-
sistencies were cleared up. … I do not believe that [CAPT X] was upset by the email or that it 
was a defining event that colored her perception of [the applicant].” 
 
 
CDR X denied that he ever said he was under intense pressure from CAPT X or that he 
could not provide “top cover” for anyone because he was “too busy keeping his own head above 
water in his dealings with her.”  He alleged that the applicant’s allegation about this is false and 
that CAPT X and he “had very open and frank communications and interactions on a daily basis 
and I felt very comfortable in bringing up issues related to staff, personnel and day to day xxxxx 
operations.” 
 
 
Regarding the OER comment about the applicant’s failure to “deconflict” morale events 
 
and scheduling one when four of five members of the command cadre could not attend, CDR X 
stated that information about events “was not always passed to the senior staff in a timely man-
ner, which made it difficult for the department heads and their personnel to plan to attend those 
events. …  The direction from the CAPT was that once tentative dates were discussed at a staff 
meeting, the morale and/or Health Promotion representative was to sit down with the Adminis-
trative Assistant and review the Command Calendar to make sure there were no major conflicts.  
Once that  was done, the event  dates would be  approved and announced  to  the crew.”  CDR X 
stated that the applicant’s announcement of dates at  one staff meeting did  not  fulfill  this  direc-
tion.  “The correct process was to socialize the tentative dates at the staff meeting as far ahead of 
time  as  possible,  then  have  the  committee  representative  sit  down  with  the  Administrative 
Assistant to make sure there were no conflicts, then request approval, then announce the date to 
‘all hands.’  Clearly, [the applicant] did the first and last steps, but the middle two steps were not 
followed.”  CDR X stated that the fact that the applicant mentioned tentative dates for the morale 
events on February 27, 2008, did not shift his responsibility or that of his subordinates to himself 
or the Administrative Assistant.  CDR X noted that the applicant’s own email dated February 27, 
2008, shows that the dates he passed at the meeting later that day were tentative. 

 

 

 
 
Regarding the GV audit,  CDR X stated that, contrary to  the  applicant’s  claim that after 
forgetting to do the audit he passed the work to the applicant, CAPT X had not tasked CDR X to 
do it but had tasked him with tasking the applicant to do it since the vehicles were managed by 
the  applicant’s  Engineering  Division.    When  CDR  X  forgot  to  do  so,  CAPT  X  reminded  him, 
and CDR X forwarded the email to the applicant. 
 
Regarding  the  applicant’s  claim  about  CDR  X  forgetting  the  location  of  a  package  that 
 
was  actually  on  his  own  desk  and  becoming  upset  with  the  applicant,  CDR  X  stated  that  this 
story is untrue.  The package was not late, he did not “lose awareness of where the package was, 
and [he] did not become upset at [the applicant].” 
 
 
Regarding  the  applicant’s  claims  about  CDR  X  being  late  in  replying  to  time  sensitive 
issues, CDR X stated that both he and CAPT X were sometimes away from the Xxxxx and on 
the “road” and that “during these trips most routine issues would have to wait until our return. … 
These were issues that could wait until our return.  [The applicant’s] argument seems to be that 
he  should  not  be  held  accountable  for  lack  of  timely  briefs,  if  my  responses  were  not  always 
‘timely’ in his estimation.  He was not held accountable for lack of timely briefs, but he was held 
accountable  for  not  following  the  CAPT’s  explicit  and  unambiguous  direction  regarding  how 
morale events should be scheduled.”  CDR X stated that the applicant’s allegations are attempts 
“to  shift  the  blame  for  not  meeting  his  responsibilities  to  me  or  others”  and  “are  untrue  and 
unfounded accusations.” 
 
 
Regarding the OER comment about the xxx office move, CDR X stated that the applicant 
showed him the emails from the EO and Mr. X but he did not agree with the applicant that the 
emails “cleared up the issue” since neither of them said that the applicant was unaware of their 
intention to move the office before it occurred.   CDR X stated that it appears that the applicant 
“put pressure on them to write the emails to make it look like he, [the applicant], was not aware 
of the move” but they avoided lying but not actually saying that he was unaware of the move. 
 
 
Regarding the applicant’s handling of an alleged rape case, CDR X stated that since the 
CWO could not hear the CGIS agent’s side of the telephone conversation with the applicant, “he 
cannot be sure what the Special Agent said.  However, Special Agent [G] was very clear that he 
had told [the applicant] that the Master Chief could sit in on the CGIS interview with the spouse 
and that the Master Chief would then have to write a statement per their requirement when non-
CGIS persons are present during an interview.  CGIS Agents are very thorough, by the book, and 
deliberate  in  stepping  through  investigations  and  the  two  CGIS  Agents  we  worked  with  on  a 
daily basis were no exception.  This incident was the main reason for instituting the ‘conference 
call’ policy outlined in [the applicant’s email dated March 21, 2008].”  CDR X also denied the 
applicant’s  claim  that  he  and  CAPT  X  were  not  supposed  to  be  “in  the  loop  …  Discussions 
regarding this case/investigation were proper and within all required bounds focusing on recom-
mendations for our way forward.” 
 
Regarding CAPT X’s communication of her expectations, CDR X stated that her “expec-
 
tations, Command Philosophy and direction were consistent  and plainly delivered on numerous 
occasions and were clearly understood by me and by the rest of the senior staff.”  CDR X stated 

 

 

that  he  advised  the  applicant  that  “every  leader  has  a  different  style  and  that  [the  applicant] 
needed  to  uphold  [CAPT  X’s]  methods  and  approach  to  executing  our  missions.”    Regarding 
CAPT X’s alleged use of profanity,  CDR X stated that she seldom used it  and  “was always in 
control  of  her  actions  and  acted  professionally.”    He  stated  that  the  applicant’s  claim  that  she 
used “boatswain’s mate language” at their meeting “is an extreme and inaccurate exaggeration of 
the meeting.  That certainly did not happen as described and would have been completely out of 
character for [CAPT X].” 
 
 
Regarding  the  applicant’s  claim  that  his  prior  command  had  authorized  his  actions  and 
had no problems with his performance, CDR X stated that this claim is untrue and that both he 
and the prior Xxxxx Commander had counseled the applicant about “overstepping his bounds of 
authority in several areas, none of which were authorized” as the applicant claimed.  For exam-
ple, the applicant  “was conducting masts (formal military disciplinary procedures) without pre-
briefing us.  He was signing awards, which is reserved for the Xxxxx Commander or the Deputy 
when Acting Xxxxx Commander, and he was allowing his community contacts to think that he 
was  the  Base  Commanding  Officer,  which  he  was  not.    [The  applicant]  had  also  planned  the 
Coast Day Picnic, a morale event, when the Xxxxx Commander and I had another commitment 
and  could  not  attend.    When  faced  with  these  issues,  [the  applicant]  tried  to  shift  the  focus  by 
mounting a character attack on [CDR Y], our Prevention Chief, stating that she was difficult to 
work with and had publicly embarrassed him during Department Head meetings.” 
 
  
Regarding the applicant’s claim that CDR X had directed them to write their own OERs, 
CDR  X  stated  that  he  remembers  that  a  couple  of  the  Department  Heads  offered  to  complete 
draft OERs for themselves and he told them they could if they wanted to since it would alleviate 
his own workload.  However, he never required anyone to do so as it was not allowed by OES 
policy.  He stated that some officers like to draft their own OERs “because they want to have a 
greater level of control over the specific remarks and wording to ensure it sheds the best possible 
light on their good performance.”  
 
Regarding  the  community’s  confusion  over  the  applicant’s  title  and  authority  at  the 
 
Xxxxx,  CDR  X  stated  that  the  confusion  “had  been  going  on  for  some  time”  and  continued 
during  the  evaluation  period.    For  example,  soon  after  CAPT  X  arrived,  a  man  at  CDR  X’s 
church asked him how he liked working for his CO.  When CDR X’s response showed that the 
Xxxxx  Commander  was  female,  the  man  looked  startled  and  said,  “Her?    Don’t  you  work  for 
[the applicant], isn’t he your CO?”  In addition, at CAPT X’s change of command ceremony, a 
Support Center chaplain asked why the applicant was not sitting in the front row with all of the 
other COs. 
 
 
CDR X also denied the applicant’s claim that CDR X had recommended him for a Meri-
torious Service Medal.  He stated that the applicant submitted information for an award and CDR 
X  did  reply  to  say  that  he  had  “more  than  enough  supporting  information  for  me  to  draft  an 
award  for  him,  which  was  true.”    CDR  X  also  noted  that  any  award  would  have  covered  the 
applicant’s entire tour at the Xxxxx, not just the evaluation period for the disputed OER.  There-
fore, the verbiage of an award citation would not prove that the comments in the OER were erro-
neous.    With  regard  to  the  differences  between  the  mostly  high  marks  he  assigned  versus  the 
mediocre marks assigned by CAPT X, CDR X stated that the supervisor’s and reporting officer’s 

 

 

sections of an OER address different aspects of an officer’s performance and that the fact that the 
applicant  accomplished  a  lot  was  reflected  in  the  marks  CDR  X  assigned,  but  “how  he  went 
about it” was reflected in CAPT X’s section. 
 
 
CDR X stated that nothing in the BCMR application persuades him that that the disputed 
OER should be reconsidered.  He alleged that he assigned the marks and comments “of my own 
volition” and that the disputed OER “was and is  an accurate reflection of [the applicant’s] per-
formance during the [six-month] marking period and should be retained in its entirety.” 
 
 
In support of his allegations, CDR X submitted an email conversation in which the OER 
reviewer, CAPT Y, noted the difference between the supervisor’s and reporting officer’s sections 
of the OER.  In particular, he noted that the criticisms of the applicant’s “listening skills” in the 
reporting  officer’s  section  were  not  consistent  with  the  supervisor’s  mark  for  listening  skills.  
CAPT X forwarded the email to CDR X and asked him to read CAPT Y’s email and the written 
standard  on  the  OER  form  for  a  mark  of  4  and  for  listening  skills  and  to  “consider  this  mark 
(NOT requiring you to change it) and see if you concur with his assessment of that mark, or your 
original mark.” 
 
Second Declaration of CAPT X 
 
 
CAPT  X  stated  that  she read  the  applicant’s  BCMR  application  and  remains  convinced 
that the disputed evaluation is an accurate and fair reflection of the applicant’s performance dur-
ing  the  evaluation  period  and  should  be  “retained  in  its  entirety.”    She  stated  that  she  would 
address  only  the  major  issues  but  that  her  silence  on  minor  issues  should  not  be  interpreted  as 
agreement  with  the  applicant.    She  noted  that  although  the  applicant  submitted  her  declaration 
for the PRRB, he did not include all of the supporting documentation she submitted to the PRRB.  
CAPT X repeated her statements to the PRRB and also stated the following: 
 
 
With regard to the applicant’s claim that the retirement ceremony she attended on April 
11th was entered only on a personal calendar and not the command calendar, CAPT X submitted 
a copy of the “DXX-Xxxxx[XX] Command Calendar” printed out on February 15, 2008, which 
includes  an  entry  showing  that  she  was  attending  the  retirement  ceremony  and  would  be  gone 
from April 10 to 12, 2008.  CAPT X stated that one of the topics of their March 21, 2008, coun-
seling  session  was  his  “inability  to  coordinate  or  check  dates  ahead  of  scheduling  events  and 
work as a team player.” 
 
CAPT  X  also  noted  that  on  March  25,  2008,  the  applicant  sent  an  email  attempting  to 
 
schedule another event, a Material Inspection, on April 11, and she replied by advising him that 
she would be out of town that day so the inspection should occur on another date.  CAPT X sub-
mitted a copy of these emails.  Moreover, on March 28, 2008, even after the CMC advised the 
applicant  of  the  command  cadre’s  conflicts  with  the  April  11th  date,  the  applicant  sent  out  an 
email  announcing  the  event  for  April  11th.    Thereafter,  CDR  X  took  over  and  rescheduled  the 
event  for April 25th,  but she was unable to  attend because of the  “unscheduled early arrival  of 
the nuclear submarine, USS [XXXXXX],” for which she was one of the three Unified Command 
Cadre  members  responsible  for  leading  and  providing  security  for  the  commissioning  of  the 
submarine.  CAPT X submitted an email dated April 24, 2008, in which she apologized to yn2 x 

 

 

for not being able to attend the morale event the next day and a message from the Xxxxx to all 
subordinate  units  thanking  them  for  their  hard  work  regarding  the  “commissioning  events  held 
between  23  April  to  5  May  2008.”    CAPT  X  also  alleged  that  the  applicant’s  claim  that  she 
skipped the March 11 morale event because of the weather is untrue because she out of town that 
day  to  attend  a  ceremony  in  North  Carolina  and  to  conduct  unit  visits  with  the  District  Com-
mander.  She submitted an email from Marriott Hotels showing that she would be checking out 
of  a  hotel  on  March  11,  2008,  and  an  email  regarding  the  schedule  for  her  unit  visits  with  the 
District Commander on March 12 and 13, 2008. 
 
 
Regarding  the  applicant’s  claim  that  he  did  not  know  about  or  approve  the  xxx  office 
move, CAPT X submitted an affidavit  from  the EO stating that the applicant  had known about 
the move taking place while he was on leave and had approved it. 
 
 
Regarding the applicant’s handling of an alleged rape case, CAPT X stated that the appli-
cant called her and told her that a member had found a fellow crewmate “partially unclothed and 
‘passed out’ on top of his … wife.”  The applicant told her that he was simply passing along the 
information because the victim had said she would not press charges.  CAPT X told him to call 
CGIS and to treat the matter as a rape case anyway and to follow the Commandant’s Rape and 
Sexual Assault Instruction.  The applicant said that it was not necessary because the matter was 
not reported to him as a rape.  CAPT X told him to treat it as one anyway and that no one except 
CGIS should ask the victim or the accused about the incident because the first time they spoke of 
the matter should be with a CGIS agent.  She told him to ensure that the officer in charge of the 
unit  in  question  followed  the  instruction  as  well.    The  next  day,  she  heard  that  the  victim  had 
gone  to  the  hospital  for  a  “post-rape  exam.”    Later,  a  CGIS  agent  told  her  that  CGIS  had  not 
treated  the  matter  as  an  assault  and  so  they  were  “behind  gather  information  and  evidence.”  
When she asked the agent why CGIS had not treated the matter as an assault, he told her that the 
applicant  “did  not  make the report to  him as a rape or sexual  assault” and “had relayed to  him 
that it was nothing more than a report of two consenting adults being caught together, and CGIS 
does not normally investigate those cases.”  Later, the CGIS agent came back and said that the 
accused  had  refused  to  speak  to  him  because  the  applicant  had  “spoken  to  the  accused,  [and] 
facilitated a  call to  a local  attorney, who in  turn  advised the accused not  to  speak with  CGIS.”  
When she gave the applicant on-the-spot feedback about his actions, he contacted a District legal 
officer,  who  also  told  him  that  his  actions  were  inappropriate  since  the  command  needed  to 
appear and remain neutral.   
 
 
On March 19, 2008, CAPT X stated, the CGIS agent was still trying to get an interview 
with the accused and the accused’s wife.  The applicant emailed her and stated that the CGIS had 
agreed to let the accused’s wife meet with the CMC.  However, CAPT X later received an email 
from the CGIS agent who was upset that the meeting had occurred.  When CAPT X advised him 
that she thought he had approved it, the agent stated that he had only granted permission for the 
CMC to sit in on his interview with the accused’s wife, not to have a separate meeting before his 
interview.  As a result of this incident, the CGIS Special Agent in Charge asked that all informa-
tion be passed through conference calls or with her or CDR X because “this was not the first time 
that [the applicant] had passed along incorrect information to the command.” 
 

 

 

Moreover, CAPT X stated, the applicant told her that a District legal officer had told him 
 
that he could not pass the telephone numbers for the Employee Assistance Program or the Work-
life program to the people involved in the alleged rape case.  CAPT X was certain this was not 
true  since  those  programs  were  created  to  help  people  in  such  circumstances,  so  she  told  the 
applicant to call the legal officer back to  get  confirmation of this prohibition.  When the appli-
cant  did  not  report  back  to  her,  she  called  the  legal  office,  and  the  legal  officer  stated  that  the 
applicant “had missed the intended message” and that he had not stated what the applicant had 
told her.  CAPT X stated that when the laboratory results showed that no sexual intercourse had 
occurred,  it  appeared  that  the  two  people  had  simply  passed  out  on  the  floor  together,  and  she 
and CDR X discussed how to proceed.  They convened a unit all-hands meeting with the crew to 
overcome the potential stigma for the crewmember before returning him to his unit. 
 
 
CAPT X stated that she called the previous Xxxxx Commander, who confirmed that he 
had  learned  that  the  applicant  had  been  signing  for  awards  and  had  ordered  him  to  stop.    To 
ensure that the awards that had been improperly made were legitimized, they consulted the legal 
office.    She  was  advised  that  as  long  as  the  Awards  Board  at  the  Xxxxx  had  approved  the 
awards,  they  would  not  have  to  retype  the  citations.    However,  the  applicant  had  signed  a 
recommendation  for  a  Commendation  Medal,  which  only  captains  and  officers  of  higher  rank 
may sign for.  Because the Awards Board had approved an Achievement Medal for the member 
instead,  no  action  was  necessary.    CAPT  X  stated  that  although  the  applicant  had  signed  the 
awards prior to the evaluation period, the “research and re-work conducted over several days by 
various District  Offices and the  Xxxxx staff was … within the marking period.”   In support of 
these  claims,  CAPT  X  submitted  copies  of  award  recommendations  signed  by  the  applicant  in 
2006 and emails dated March 26, 2008, about seeking copies of all of the award paperwork that 
the prior Xxxxx Commander had not signed. 
 
 
CAPT X stated that she had verbally tasked the applicant with performing the GV audit 
in  February and he suggested a start  date of March 1st.   They spoke of the need to  ensure that 
each vehicle contained a log sheet.  He noted that there had been a log sheet in each vehicle dur-
ing a prior inspection but that “things had begun to slip since the inspection.”  In early March, 
she  sent  a  follow-up  email  to  CDR  X.    Then,  during  their  March  21st  meeting,  she  asked  the 
applicant  how  the  audit  was  going,  and  he  stated  that  he  could  not  recall  their  conversation.  
CDR X admitted that he had failed to forward her follow-up email to the applicant.  However, on 
April 9th, there was still no log sheet in her government vehicle, so she knew the audit was not 
being conducted.  When she questioned the applicant, he blamed the junior enlisted members in 
the motor pool.  CAPT X submitted emails indicating that on March 7, 2008, she thought the GV 
audit was already being conducted, and on April 9, 2008, there was no log in the GV she used. 
 
 
With  regard  to  the  emails  of  March  7,  2008,  CAPT  X  stated  that  when  the  applicant 
returned  from  the  Xxxxx  Xxxxxx  Department  Head  Conference,  he  briefed  them  on  some 
potential budget reduction strategies the District  might take and one was a potential ban on the 
purchase  of  furniture.    This  caught  her  attention  because  she  needed  furniture  for  several  new 
billets that were being added to the Xxxxx.  The applicant indicated that a request to buy furni-
ture might be rejected by the District and that it was not in the budget.  She disagreed and noted 
that the Coast Guard budget model provides for one-time non-recurring costs to the unit for the 
purposes of purchasing furniture, computers, and other items necessary for a new billet.  She sent 

 

 

the email  to  the District  Chief of Staff on March 7, 2008, to  seek confirmation  that they could 
purchase new furniture for the new billets “without a penalty.”  She also expressed her concern 
over  the  fact  that  the  Xxxxx  relied  heavily  on  a  housing  maintenance  allowance  for  unused 
housing that would disappear as soon as the property was sold.  A little while after she forwarded 
the Chief of Staff’s reply to the applicant, CDR X showed her the draft email that the applicant 
had given to him.  They discussed it and she called the Chief of Staff to “let him know of the cor-
rections that [the applicant] had made to my furniture email, and should he hear back from the 
budget folks, that was the nature of the discrepancy.” 
 
 
CAPT  X  stated  that  during  their  meeting  on  March  21,  2008,  the  applicant  raised  the 
issue  of  the  incorrect  information  in  what  he  called  her  “budget  email”  to  the  Chief  of  Staff.  
Initially, she did not know what email he meant, but when he described it, she reminded him of 
their discussion of furniture at a meeting that had precipitated her email.  CAPT X further stated 
that by July 30, 2008, the Xxxxx was in fact in a “budget emergency.  The new Xxxxxx Chief 
and Supply Officer uncovered a $58,000 issue with the budget.”  She called in a financial expert 
from  the  District  to  conduct  forensics  on  the  budget  to  discover  what  had  happened.    “After 
about a week, the budget expert was still not able to account for much of our 2008 budget (from 
Oct  –  Jul).”    A  year  later,  the  new  Xxxxxx  Department  Head  sent  an  email  to  the  staff  about 
preparing  the  2010  budget  and  noted  “how  far  we  had  come,  and  what  he  [had]  uncovered  in 
2008  –  declaring  ‘What  a  mess!’”    CAPT  X  submitted  an  email  date  July  30,  2008,  about  the 
potential $58,000 shortfall for 2008. 
 
 
CAPT  X  stated  that  the  applicant’s  brief  contains  “numerous  additional  distorted 
remarks, conjectures and fabrications.”  She described several incidents in which she found his 
actions  inadequate  or  erroneous.    For  example,  she  stated  that  in  January  2008,  a  senior  chief 
who  was  being  processed  for  an  administrative  discharge  for  alcohol  incidents  asked  to  retire.  
She  told  the  applicant  that  they  “would  wait  until  the  investigation  was  completed  before 
processing the discharge package or his retirement letter” and that the “final decision rested with 
the  …  Personnel  Command  who  would  base  their  decision  on  the  handling  of  similar  cases.”  
However,  a  few  weeks  later  she  learned  from  the  Personnel  Command  that,  contrary  to  her 
instructions, the applicant had endorsed the member’s retirement request and forwarded it to the 
Personnel  Command  and  that  neither  the  request  nor  the  endorsement  mentioned  the  alcohol 
incidents or the CGIS investigation, which was still pending.  “This was the first indication I had 
that  [the  applicant]  was  signing  and  processing  other  than  routine  documents  without  my 
knowledge.  And in this case, signing a retirement endorsement letter counter to my direction.”  
When  the  Personnel  Command  rejected  the  first  retirement  request  because  of  the  pending 
discharge, CAPT X advised the applicant to counsel the member that his options were to request 
retirement in lieu of orders or to request retention and have a hearing before an Administrative 
Separation Board (ASB).  The applicant’s response was that the member  “better not  fight this” 
before an ASB.  She corrected him and stated that it was the member’s right  to  seek a hearing 
and  that  both  the  command’s  recommendation  for  retirement  and  the  ASB’s  recommendation 
would be forwarded to the Personnel Command for decision.  As the applicant began to leave her 
office  he  again  said  that  the  member  “better  not  fight  this,”  and  she  stopped  him  again  and 
restated  that  it  was  the  member’s  right  to  do  so.    Later,  the  applicant  admitted  that  he  told  the 
member that he “better not fight it” and had used those exact words.  She asked him why he had 
not followed her instructions and explained that his manner of delivery could be misinterpreted 

 

 

as  a  threat.    Therefore,  she  asked  CDR  X  and  the  CMC  to  re-counsel  the  member  and  to 
emphasize  that  the  command  would  support  him  if  he  chose  to  exercise  his  right  to  an  ASB.  
CAPT X stated that the Administrative Letter of Censure she gave the applicant and her decision 
to  withdraw his  authority  to  conduct  non-judicial  punishment as CO of Military Personnel  was 
based on this and similar incidents that caused her to lose confidence in him.  Her decision was 
not made lightly because it “placed several responsibilities back onto the Deputy and me adding 
to our workload.”  She noted that his was the first Letter of Censure she had written in her 28-
year career. 
 
 
CAPT X denied the applicant’s claim that she ever stated that the disputed OER resulted 
from  a  personality  conflict  between  them.    She  stated  that  in  their  discussion  of  the  effect  the 
OER might have on his career, they discussed the fact that “the term ‘Personality Conflict’ … is 
a  term  of  art  used  by  Assignment  Officers  to  describe  an  OER  that  does  not  appear  to  be  in 
alignment with other OERs in a person’s record.”  CAPT X stated that the OER was “based on 
the totality of [his] performance over the 6 month marking period.”   
  
SUMMARY OF APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 
 

On September 28, 2010, the Board received the applicant’s response to the Coast Guard’s 
advisory opinion.  He stated, “I do not believe that the panel or [JAG] did a thorough review of 
the  information  I  provided,  nor  did  they  do  a  reasonable  job  researching  and  investigating  the 
issues or allegations made against me in the OER and subsequent statements.”  He alleged that 
his  OER  input  had  not  been  reviewed,  that  he  did  not  think  it  had  been  reviewed,  and  that  the 
process was therefore not fair or complete.6  The applicant repeated many of his allegations and 
also made the following allegations and arguments. 

 
The  applicant  argued  that  since  no  one  can  prove  what  was  said  orally  behind  closed 
doors,  the  Board  should  consider  only  factual  documentation  and  specific  statements  and 
demand  that  “documentation  be  required  to  show  mindset  at  the  time.”    He  objected  to  CAPT 
X’s  statement  that  he  blamed  others  for  his  mistakes,  noting  that  “there  is  a  big  difference  in 
laying blame or making a statement of who had been assigned to complete a task.”   

Regarding  his  handling  of  the  alleged  rape  case,  the  applicant  stated  that  he  may  have 
unknowingly allowed the accused to use a government telephone to call a lawyer, but he apolo-
gized for having done so and recommended to CAPT X that they pass the lessons learned onto 
the  other  Department  Heads.    He  argued  that  CAPT  X’s  claims  of  what  she  told  him  are  too 
detailed to be accurate because he had plenty of experience in prosecuting cases, knew the law 
and procedures, and “nothing would ever have gotten done” if she had gone into so much detail 
in her directions to him.  The applicant alleged that CAPT X’s memories of the events are mis-
taken because the CGIS decision not to pursue an assault case came weeks after they conducted 
their investigation and the special agent never complained to him about not getting any evidence.  
He also denied having told the accused to  get an attorney and alleged that, in fact, the accused 
told him that his sister had already gotten him an attorney. 

                                                 
6  The  applicant  may  have  mistaken  the  Coast  Guard’s  advisory  opinion  for  the  Board’s  decision  although  the 
Board’s cover letter forwarding  the advisory opinion  stated, “The advisory opinion is a recommendation only and 
not  the  final  decision  of  the  Board.    It  will  be  considered  by  the  Board  along  with  your  submissions  and  military 
records, in reaching a final decision in your case.” 

 

 

 
Regarding CAPT X’s claim that he asked her about the effect of the OER on his career, 
the  applicant  stated  that  he  would  never  have  done  so  because  he  had  worked  in  the  Office  of 
Personnel  Management  for  three  years  and  had  himself  counseled  officers  about  why  they  had 
not been selected for promotion.  He argued that the fact that she claims he asked her about this 
should call into question the credibility of her memory. 

 
Regarding  CAPT  X’s  claim  about  the  budget  problems  discovered  after  he  left  the 
Xxxxx, he asked,  “How  is  it conceivable that this  ‘emergency’ was unnoticed and surprisingly 
came up a month after my departure?”  However, “it is not an abnormal thing to realign accounts 
at the end of the third and beginning of the fourth quarters to balance them.”  He noted that no 
discrepancies were found during the compliance inspections while he was at the Xxxxx and that 
the budget shortfall is irrelevant to his OER. 

 
Regarding CDR X’s change of one of the marks and comments in the disputed OER, the 
applicant stated that he believes  CDR X “felt some level of influence to  change his position to 
make his section to be more in line with the CAPT’s.”  He stated that CDR X “has not answered 
whether  he  felt  any  influence  whatsoever  to  change  the  marks  to  be  more  in  line  with  the 
CAPT’s  submission  …  Does  it  seem  reasonable  that  he  changed  his  mind  [at  the  end  of  the 
evaluation period] without  any influence?”  He also  alleged that he was  never counseled about 
the revised version of the disputed OER, only the draft version prior to CDR X’s change. 

 
Regarding  his  responsibility  over  the  Morale  Committee,  the  applicant  stated  the 
although CAPT X implied that he supervised the committee, in fact he was responsible only for 
management and oversight, which is very different from supervision.   The applicant stated that 
he did not attend the committee meetings and that his  “only requirement was to pass the infor-
mation up to the staff for their approval.”  He argued that CDR X’s declaration affirms this fact.  
He also alleged that CAPT X’s emails show that the April 11th Morale event was on the docket 
and that she had approved of it.  The applicant asked why he is being held accountable for pick-
ing a date that conflicted with her schedule when CDR X was unable to do so when he resche-
duled  the  event.    In  addition,  the  applicant  alleged  that  the  print-out  dated  February  15,  2008, 
was from CAPT X’s personal calendar, not the command calendar that the members could use to 
check for conflicts. 

 
Regarding the withdrawal of his authority as Commanding Officer of Military Personnel, 
the  applicant  argued  that  the  allegation  that  he  had  been  counseled  about  overstepping  his 
authority is inconsistent with the high marks and praise he received from the prior Xxxxx Com-
mander.  He repeated his allegation that he was authorized to sign the awards he signed for while 
he was Acting Deputy Xxxxx Commander before CDR X’s arrival.  He noted that on at least one 
of the forms, he signed the form after the prior Deputy had signed it and asked why the Deputy 
would  have  sent  it  to  him  for  signature  if  there  was  any  question  about  his  authority  to  do  so.  
The  applicant  again  denied  having  signed  for  a  Commendation  Medal  and  noted  that  CAPT X 
submitted no paperwork to prove he had done so.  The applicant denied overstepping his author-
ity.  He noted that the prior Xxxxx Commander had given him the title of “Base CO” before the 
Xxxxx was organized, that there “had been a long line of CDRs in charge of [the base],” and that 
it was “what the townspeople were used to seeing.”  He alleged that the prior Xxxxx Commander 

 

 

told  everyone  that  the  applicant  was  in  charge  of  the  base  and  that  he  (the  prior  Xxxxx  Com-
mander)  was  in  charge  of  state-level  operations,  and  so  the  prior  Xxxxx  Commander’s 
statements  probably  created  the  impression  that  he  was  the  commanding  officer  of  the  Xxxxx.  
He  argued  that  he  should  not  have  been  held  accountable  for  the  thoughts  and  confusion  of  a 
church member and the chaplain.  He argued that if CAPT X’s actions were based on “these two 
alleged instances, that is unconscionable.” 

 
Regarding his  own allegation to  the PRRB that  CAPT X directed him to write his own 
OER, the applicant argued that hearing CDR X ask another officer to do it constitutes a direction 
or  “at  least  an  ‘indirect  or  intended  message.’  …  Whether  or  not  some  officers  he  had  known 
may have wanted to write their OERs is not the point; we were directed to do so in violation of 
the  OES.”    Regarding  the  GV  audit,  the  applicant  denied  that  CAPT  X  had  orally  tasked  him 
with the audit before CDR X forwarded him the email.  He also alleged that the emails concern-
ing  an  overseas  assignment  package  dated  March  28,  2008,  prove  that  CDR  X  did  lose 
awareness of the location of the package contrary to his claim in his declaration.  The applicant 
alleged that his emails prove that CDR X was delinquent on several important matters but was 
not held accountable, where as he, the applicant, was never delinquent. 
 

Regarding  his  request  for  an  award,  the  applicant  asked,  “why  would  I  submit  award 
information  for  a  MSM  [Meritorious  Service  Medal]  if  not  directed  to  do  so  and  why  didn’t 
[CDR X] change that direction in the email exchanges if it was the case that he only wanted to 
submit for a COMM [Commendation Medal]?  It is much harder to support an MSM … If what 
is  said  is  true,  would  it  not  have  made  sense  for  him  to  ask  for  and  for  me  to  just  submit  the 
lesser requirement?  Even if he only thought  I should get a COMM after my accomplishments, 
why the change to nothing at all … ?”  He asked the Board to question CDR X on this issue.   

 
The applicant asked the Board to require his rating chain, the EO, and the CGIS agent to 
answer  dozens  of  questions  and  to  explain  numerous  things.    In  support  of  his  allegations,  the 
applicant submitted an email in which he had asked the EO to answer numerous questions.  The 
EO replied, “These events happened over 2.5 years ago, and I already provided a statement to the 
best  of my  recollection and knowledge.  Respectfully,  I have nothing more to  add to  my state-
ment at this time.”  The applicant also submitted copies of a performance evaluation covering a 
month when he worked on the Deepwater Horizon Response and received all marks of “exceed 
expectations,” a Letter of Appreciation he received for that work, and his second annual OER as 
the commanding officer of a Naval Engineering Support Unit  dated March 31, 2010, on which 
he received two marks of 5, eleven marks of 6, and five marks of 7 in the various performance 
categories; a mark of “exceptional performer; give toughest and most visible leadership assign-
ments” in the fifth spot on the comparison scale; a mark of “Definitely Promote” on the promo-
tion scale; and a very strong recommendation for promotion to captain. 

 

APPLICABLE REGULATIONS 

 
 
Article  10.A.  of  the  Personnel  Manual  governs  the  preparation  of  OERs.  Article 
10.A.1.b.1. provides that “Commanding officers must ensure accurate, fair, and objective evalua-
tions  are  provided  to  all  officers  under  their  command.”    Every  officer  normally  has  a  “rating 
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.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 to evaluate 
the reported-on officer based on direct observation, reports of the Supervisor, and other “reliable 
reports”  and  to  prepare  the  reporting  officer’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 
Officers are expected to hold designated Supervisors accountable for timely and accurate evalua-
tions. The Reporting Officer shall return a report for correction or reconsideration, if the Supervi-
sor’s  submission  is  found  inconsistent  with  actual  performance  or  unsubstantiated  by  narrative 
comments. 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 shall not direct in what manner an evaluation mark or comment be changed.” 
 

Article 10.A.4.c.4. instructs supervisors to prepare OER marks and comments as follows 

(almost identical 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 
Officer’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. 

•   •   • 

d.    In  the  “comments”  block  following  each  evaluation  area,  the  Supervisor  shall  include  com-
ments  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  spe-

 

 

cific to paint a succinct picture of the officer’s performance and qualities which compares reasona-
bly with the picture defined by the standards marked on the performance dimensions in the evalu-
ation 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 perfor-
mance 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. 

 
 
Article  10.A.4.c.6.a.  states  that  block  7  on  an  OER  “provides  an  opportunity  for  the 
Reporting Officer to comment on the Supervisor’s evaluation. Although comments are not man-
datory,  Reporting  Officers  are  encouraged  to  cite  other  information  and  observations  they  may 
have which would  confirm or provide another perspective of the Reported-on Officer’s perfor-
mance and qualities demonstrated during the reporting period.” 
 

Under  Article  10.A.4.g.,  an  officer  may  submit  a  Reply  to  any  OER  for  entry  in  his 
record with the OER within 21 days of receiving the final OER.  An OER Reply is forwarded up 
the rating chain, whose members may attach endorsements with written comments.  However, an 
OER Reply does not constitute a request to correct the OER. 

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 application was timely filed. 
 

1. 

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

2. 

The applicant requested an oral hearing before the Board.  The Chair, acting pur-
suant to 33 C.F.R. § 52.51, denied the request and recommended disposition of the case without 
a hearing.  The Board concurs in that recommendation.7   
 

3. 

The applicant  alleged that  several  marks and negative comments  in the  disputed 
OER are erroneous and unjust and should be corrected (or the OER should be expunged) and that 
he should receive an end-of-tour award for his accomplishments.  The Board begins its analysis 
by presuming that the disputed OER in an applicant’s military record is correct and fair, and the 
applicant bears the burden of proving by a preponderance of the evidence that the OER is erro-
neous or unjust.8  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.9  To be entitled to relief, the applicant cannot “merely allege or prove that an 

                                                 
7 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”); Flute v. United States, 210 Ct. Cl. 
34, 40 (1976) (“The denial of a hearing before the BCMR does not per se deprive plaintiff of due process.”); Arm-
strong v. United States, 205 Ct. Cl. 754, 764 (1974) (stating that a hearing is not required because BCMR proceed-
ings are non-adversarial and 10 U.S.C. § 1552 does not require them). 
8 33 C.F.R. § 52.24(b).   
9 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. 

[OER] seems  inaccurate, incomplete or subjective in  some sense,” but  must  prove that the dis-
puted 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.10   
 
 
The  applicant  alleged  that  CAPT  X  was  biased  against  him  because  of  a  draft 
email she saw in which he denied having told her some of the things she reported to the Chief of 
Staff and attributed to  him in  an email  dated March 7, 2008.  The applicant  also  stated that,  at 
their meeting on March 21, 2008, CAPT X claimed not to know what he was talking about when 
he  mentioned  her  misinterpretation  of  his  information  in  her  email  to  the  Chief  of  Staff.    This 
allegation actually supports CAPT X’s claim that she did not at first know what he was talking 
about  when  he  mentioned  a  “budget  email”  because  she  considered  her  March  7th  email  to  be 
about an upcoming furniture purchase.  CDR X stated that CAPT X was not upset by the draft 
email when they discussed it and that she called the District Chief of Staff to clear up the discre-
pancies that the applicant  had described.  Therefore, the applicant  has not  proved by a prepon-
derance of the evidence that CAPT X was biased against him because he drafted an email cor-
recting her own email or that the disputed OER was adversely affected by bias. 
 
 
The  applicant  received  a  standard  mark  of  4  for  “Speaking  and  Listening”  from 
CDR X with the supporting comment that he “[f]ailed to listen carefully for intended msgs/spken 
words fm Cmd, DXX(l), CGIS, etc, re sched events, pers’l cases, office moves, etc.”  The Board 
finds that he has not proved by a preponderance of the evidence that either the mark or the com-
ment is erroneous or unfair.  In this regard, the Board notes the following: 
 

5. 

(a)  The  statement  of  the  EO  shows  that  the  applicant  knew  about  the  pending  move  of  the 
xxx office, contrary to his claim, but did nothing to stop it although he had been told that 
no moves should happen before the work of the committee was completed and approved 
by CAPT X.  The statements of the EO and Mr. X submitted by the applicant do nothing 
to  support  his  claim  of  ignorance  of  the  pending  office  move  and  are,  in  fact,  conspi-
cuously silent on the subject.   

 

(b) CDR  Y  noted  the  Morale  event  dates  mentioned  by  the  applicant  at  the  February  27, 
2008, Department Heads meeting, and alleged that CDR X told the assistant to check the 
dates against the command calendar.  However, the applicant’s own email dated February 
27, 2008, and the  email  of  yn2 x, the Unit  Health Promotion Coordinator, dated  March 
27, 2008, support the claim of CDR X that the dates were presented as tentative, and the 
February 15, 2008, print-out of the “DXX-Xxxxx[XX] Command Calendar” shows that, 
as CAPT X alleged, when the applicant approved the April 11, 2008, event date, conflicts 
for CAPT X and CDR X for that date were already on the command calendar.  On Febru-
ary 15, 2008, CAPT X had sent an emailing directing that such events be “deconflicted” 
in advance of approval so that most of the command cadre and Department Heads could 
attend.  The applicant stated that the Morale Officer, LT W, should have deconflicted the 
April 11th event by discussing the matter with CAPT X’s assistant.  However, the record 
shows that it was yn2 x who was trying to schedule the combined April Morale event and 
Sports Day, and yet when he asked the applicant to confirm the date, the applicant did so 

                                                 
10 Hary v. United States, 618 F.2d 704, 708 (Ct. Cl. 1980), cited in Lindsay v. United States, 295 F.3d 1252, 1259 
(Fed. Cir. 2002). 

 

 

 

 

without  asking  whether  yn2  x  had  checked  for  scheduling  conflicts  with  the  command 
cadre and Department Heads.  In addition, the CMC stated that such “events were seldom 
announced in a timely manner” and that,  when she pointed out the April 11th conflicts, 
the  applicant  initially  refused  to  change  the  date  and  announced  it  anyway.    The  Board 
also notes that although the applicant has repeatedly denied responsibility for approving 
the event dates, the preponderance of the evidence strongly contradicts his denial. 

(c)  In her declarations,  CAPT X explained  in  detail  incidents referred to  in  CDR X’s com-
ment  that  the  applicant  had  failed  to  listen  carefully  to  her  instructions  regarding  the 
alleged rape case and other matters, to legal advice from the District, and to instructions 
from  CGIS.    The  applicant’s  own  email  telling  the  CMC  that  she  could  meet  with  the 
accused’s  wife  and  the  CWO’s  statement  that  he  believed  from  overhearing  the  appli-
cant’s  side  of  the  conversation  with  a  CGIS  agent  that  the  agent  had  agreed  that  the 
accused’s  wife  could  meet  with  the  CMC  before  speaking  to  the  agent  do  not  persuade 
the Board that CAPT X’s declarations are erroneous in this regard. 

6. 

Nor has the applicant proved that the mark of 4 and negative comment added by 
CDR  X  were  the  product  of  undue  influence  by  CAPT  X  or  the  OER  reviewer  rather  than  a 
result of their fulfillment of their responsibilities under Article 10.A.2. of the Personnel Manual 
to return inconsistent OERs for correction or reconsideration.  The email string CDR X received 
regarding  the  draft  OER’s  inconsistent  reflection  of  the  applicant’s  listening  skills  shows  that 
CDR  X  was  not  directed  to  change  his  marks  or  comments  but  to  reconsider  them,  as  allowed 
under Article 10.A.2., and CDR X’s statements show that he made the changes of his own voli-
tion after reviewing the matter and finding that he agreed with the OER reviewer’s assessment of 
the inconsistency. 
 
 
Regarding  CAPT  X’s  comments  in  block  7  of  the  disputed  OER,  the  applicant 
alleged that she should not have made negative comments about his adaptability and teamwork 
because  CDR  X  assigned  him  above-standard  marks  of  5  in  those  categories.    However,  given 
the  purpose  of  block  7  as  described  in  Article  10.A.4.c.6.a.  of  the  Personnel  Manual—i.e.,  to 
“confirm  [the  supervisor’s  evaluation]  or  provide  another  perspective  of  the  Reported-on 
Officer’s performance”—the Board finds that  CAPT X’s comments  in  block 7 are appropriate.  
Nor are the marks of 5 clearly inconsistent with CAPT X’s comments since she did not state that 
his adaptability and teamwork were below the standard expected of a CDR, as described on the 
OER form, but  “below the level  expected of  a  Xxxxx Xxxxxx Department  Head  & other O-5s 
I’ve observed.” (Emphasis added.) 
 
 
The  applicant  alleged  that,  contrary  to  CAPT  X’s  comments  in  block  7  of  the 
OER  and  in  the  Administrative  Letter  of  Censure,  he  regularly  kept  the  command  cadre  and 
fellow  Department  Heads  informed  of  actions,  events,  and  issues.    He  alleged  that  CDR  X’s 
mistakes were erroneously attributed to him.  The applicant submitted a few emails in which he 
informed the command cadre and others of certain matters and a few showing that CDR X did 
not  respond immediately to  every  email  and once forgot  to  pass  on an email  about  a task—the 
GV  audit—from  CAPT  C.    However,  in  light  of  the  CMC’s  declaration  and  the  evidence 
regarding  the  xxx  office  move  and  the  scheduling  of  the  Morale  and  Sports  Day  events,  the 

7. 

8. 

 

 

9. 

Board finds that these emails are insufficient to overcome the presumption of regularity accorded 
the disputed comments. 
 
 
In  accordance  with  finding  5,  above,  the  Board  finds  that  the  applicant  has  not 
proved  by  a  preponderance  of  the  evidence  that  CAPT  X’s  comments  in  block  8  of  the  OER 
about the xxx office move and the applicant’s failure to ensure that Morale events were “decon-
flicted” are erroneous or unjust.11  In particular, the Board notes that CAPT X’s comment that the 
applicant approved the April 11, 2008, event despite the fact that it conflicted with the schedules 
of 4 out of 5 of the command cadre and despite CAPT X’s instructions email dated February 15, 
2008, about deconflicting such events is consistent with CDR X’s comment in block 4 and with 
statements in the declarations of CDR X and the CMC.  

 
10. 

The applicant alleged that the removal of his authority as CO of Military Person-
nel  was  unjust  and  based  on  CAPT  X’s  false  perception  that  he  was  presenting  himself  as  the 
CO.  He asked the Board to remove the comment in block 8 that he was the “Cmd rep on public 
committees prior to loss of trust  & confidence.”  However, CAPT X’s letter about his removal 
dated April 7, 2008, does not state that the removal of this authority was based on confusion over 
his status.  Her letter addresses three separate points in separate paragraphs.  The first concerns 
the  removal  of  his  authority  to  impose  non-judicial  punishment  and  use  the  title;  the  second 
begins, “Additionally, I have concerns that your use of the title …” (emphasis added) and directs 
him  to  forward  all  official  invitations  to  her  office  and  to  end  his  participation  on  the  Military 
Advisory  Committee;  and  the  third  concerns  the  fact  that  he  retained  his  duties  as  Xxxxxx 
Department  Head.    In  her  declarations,  CAPT  X  provided  examples  of  the  applicant’s  actions 
that  caused  her  to  lose  confidence  in  his  judgment  in  handling  personnel  issues  as  the  CO  of 
Military Personnel.  In addition, CAPT X’s removal of his authority as CO of Military Personnel 
and removal of his authority to represent the command on public committees are consistent with 
CDR  X’s  claim  that  the  prior  Xxxxx  Commander  counseled  the  applicant  about  “overstepping 
his bounds of authority in several areas, none of which were authorized” and had prohibited him 
from using the title “Base CO.”  Therefore, the Board finds that the applicant has not proved by a 
preponderance of the evidence that the removal of his authority as CO of Military Personnel or 
the  removal  of  his  authority  to  represent  the  command  on  public  committees  is  erroneous  or 
unjust. 

 
11. 

The applicant alleged that CAPT X’s criticism of his leadership in block 9 of the 
disputed OER is inconsistent with the applicant’s appointment on February 6, 2008, to mentor a 
civilian  employee  on  detail  from  the  Marine  Corps  and  with  the  fact  that  when  CDR  X  was 
absent, the applicant was sometimes designated as the Acting Deputy Xxxxx Commander.  The 
appointment as a mentor occurred early in the evaluation period.  The fact that the applicant was 
sometimes  asked  to  serve  as  the  Acting  Deputy  Xxxxx  Commander  when  CDR  X  was  absent 
appears to be somewhat inconsistent with CAPT X’s evaluation of his leadership ability and loss 
of confidence in his performance of his duties as CO of Military Personnel.   However, the fact 
that the applicant continued to serve as Acting Deputy Xxxxx Commander occasionally does not 

                                                 
11 Under 10 U.S.C. § 1552(a), the Board is authorized not only to correct errors but to remove injustices from  any 
Coast Guard military record.  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).   

 

 

persuade the Board that the OER is erroneous or unjust or that CAPT X did not exercise her best 
professional judgment in assessing the applicant’s leadership ability on the OER. 

 
12. 

 The  applicant  alleged  that  all  of  the  negative  comments  in  the  disputed  OER 

should be removed because he received no marks below 4 in the various performance categories.   
Articles 10.A.4.c.4. and 10.A.4.c.7. of the Personnel Manual state that in preparing an OER, the 
rating  official  should  first  select  the  numerical  mark  that  “best  describes  the  Reported-on 
Officer’s  performance  and  qualities  during  the  marking  period.”    They  further  state  that 
“[c]omments  should  amplify  and  be  consistent  with  the  numerical  evaluations.    They  should 
identify specific strengths and weaknesses in performance.”  However, the rules do not prohibit a 
rating official from including a comment about a weakness in an officer’s performance unless a 
below-standard  mark  is  assigned.    The  fact  that  the  rating  chain  did  not  assign  the  applicant  a 
numerical mark lower than a 4 does not prove that he had no weaknesses, and no rule prohibited 
them from commenting on his weaknesses. 

 
13. 

The applicant  alleged that the disputed OER resulted from  a personality  conflict 
between him and CAPT X and that she stated this several times during his check-out interview.  
CAPT  X  stated  that  during  the  check-out  interview,  they  discussed  the  fact  that  a  stand-alone 
poor  OER  among  otherwise  excellent  OERs  is  sometimes  attributed  to  a  presumed  personality 
conflict between an officer and a rating official.  The Board finds that CAPT X’s characterization 
of  the  context  in  which  the  term  “personality  conflict”  arose  during  the  check-out  interview  is 
much more credible than the applicant’s because it is extremely unlikely that a CO would repeat-
edly tell  a subordinate that  his  poor performance evaluation  was based on nothing more than a 
personality conflict.  Nothing in the record leads the Board to believe that CAPT X would do so. 

 
14. 

Regarding  his  failure  to  receive  an  end-of-tour  medal,  the  applicant  alleged  that 
CDR X asked him for input that would justify an MSM although CDR X stated that the highest 
medal for which he considered recommending the applicant was a Commendation Medal.  CDR 
X’s email thanking the applicant for his award input is dated March 3, 2008, and thus predates 
many of the problems that resulted in the letters dated April 7, 2008, and in the disputed OER.  
In any case, the decision to recommend a member for an award rests with the CO, and CAPT X 
has stated that she could not do so based on the language on the award citations and her assess-
ment of the applicant’s performance during the last six months of his tour of duty.  The denial of 
an award seems harsh given the excellent quality of the applicant’s three prior OERs during his 
tour  of  duty.    However,  CAPT  X’s  declarations  show  that  she  had  reasonable  qualms  about 
signing a statement that the applicant had “upheld the highest tradition of the United States Coast 
Guard.”  In this regard, the Board notes that the applicant had sought statements from the EO and 
Mr. X to  attempt to prove that he had no knowledge of the pending  xxx office move, when he 
did know of it.  In addition, he disobeyed her  repeated order to treat the alleged rape case as a 
sexual assault and to follow the guidance for handling sexual assaults and he apparently blamed 
others for some of his failures.  Therefore, the Board cannot conclude that  CAPT X acted irra-
tionally or unjustly in deciding not to sign an award for him. 

 
15. 

The applicant made numerous allegations with respect to the actions and attitudes 
of various officers in his rating chain and chain of command.  Those allegations not specifically 
addressed  above—for  example,  allegations  about  who  used  profanity,  who  initiated  the  March 

 

 

21, 2008, meeting, whether CDR X or CAPT X told subordinates to draft their own OERs, and 
whether the applicant was evaluated more harshly than CDR X—are considered to be unproven 
and/or not dispositive of the case.12   
 

16. 

The Board finds that the applicant has not proved by a preponderance of the evi-
dence 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.13    He  has  not  proved  that  the  OER  should  be  changed  or  expunged  or  that  he  is 
entitled to a medal.   
 
 
Therefore,  the  applicant’s  requests  should  be  denied.    The  Board  notes  that 
because this decision includes the texts of CAPT X’s letters to the applicant dated April 7, 2008, 
no copy of the decision should be entered in his military record. 

17. 

 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

                                                 
12 See Frizelle v. Slater, 111 F.3d 172, 177 (D.C. Cir. 1997) (noting that the Board need not address arguments that 
“appear frivolous on their face and could [not] affect the Board’s ultimate disposition”). 
13 Hary v. United States, 618 F.2d 704, 708 (Ct. Cl. 1980), cited in Lindsay v. United States, 295 F.3d 1252, 1259 
(Fed. Cir. 2002). 

 

 

ORDER 

The  application  of  CDR  xxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his  military 

 

 

 

    

 

  

 
 

 
 

                     

 
 

 
 

 
 

 
 
record is denied.  No copy of this decision shall be entered in his military record. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

   
 James E. McLeod 

 
 Randall J. Kaplan 

 

 
 
 Lillian Cheng 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 



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    Original file (2011-179.pdf) Auto-classification: Denied

    He alleged that the OER is a product of bias and tremendous hostility on the part of the commanding officer (CO) of the cutter, who prepared the disputed OER.1 The applicant alleged that in May 2007, after he had served as XO for about a year, the commanding officer of his cutter “was involved in an alcohol-related incident and was imme- diately relieved for cause.”2 The applicant served as acting commanding officer until the new CO reported aboard on July 11, 2007. However, the commanding...

  • CG | BCMR | OER and or Failure of Selection | 2011-035

    Original file (2011-035.pdf) Auto-classification: Denied

    The PRRB found that prior to the reporting period for the OER, several officers who served on the bridge as Officer of the Day discussed the offensive content of the quote book, gave the quote book to the AOO “for disposition,” and “rightfully assumed the issue was resolved.” The PRRB found that the CO, who served as the Reviewer for LTJG X’s OER, found the quote book in April 2009 and “wrongfully based her view of the applicant’s performance on the date she personally discovered the quote...

  • CG | BCMR | Advancement and Promotion | 2009-135

    Original file (2009-135.pdf) Auto-classification: Denied

    This final decision, dated January 28, 2010, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a chief yeoman (YNC; pay grade E-7) in the Coast Guard, asked the Board to expunge an annual Enlisted Employee Review (EER) he received for the period October 1, 2004, to September 30, 2005, when he was assigned as the Chief of Administration and the Ser- vicing Personnel Office (SPO) of Sector Xxxxxx, and asked that “any possible advancements possibly...

  • CG | BCMR | OER and or Failure of Selection | 2011-082

    Original file (2011-082.pdf) Auto-classification: Denied

    d. I do not believe [the applicant’s] statement that he did not know that the quote book was on the bridge during the marking period. There was one book. Rating chain officials must base their marks and comments in an OER only on a reported-on officer’s performance during the reporting period, and they may not comment on “performance or conduct which occurred outside the reporting period.” 9 Therefore, if the applicant was unaware that the quote book had been returned to the bridge during...