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CG | BCMR | Retirement Cases | 2005-166
Original file (2005-166.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. 2005-166 
 
Xxxxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxx 

 

 
 

FINAL DECISION 

 
AUTHOR:  Andrews, J. 
 
 
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 received the application on July 5, 
2005,  and  docketed  the  case  on  September  16,  2005,  upon  receipt  of  the  applicant’s 
military records. 
 
 
members who were designated to serve as the Board in this case. 

This  final  decision,  dated  July  13,  2006,  is  signed  by  the  three  duly  appointed 

 

APPLICANT’S REQUEST 

 
 
The applicant asked the Board to correct his record by changing his retirement 
date from July 31, 2003, to October 1, 2004, which, he alleged, was the date he originally 
requested.  He asked the Board to award him corresponding back pay and allowances.  
In addition, he asked the Board to remove from his record all adverse Administrative 
Remarks  (“Page  7s”),  which  he  alleged  would  be  in  accordance  with  findings  by  the 
Inspector General (IG) of the Department of Transportation (DOT) in March 2003. 
 

APPLICANT’S ALLEGATIONS 

 
The applicant alleged that while on active duty at his last unit, Group Xxxxx, he 
was  “treated  with  cruelty, slander, harassment, [and] discrimination and coerced into 
early  retirement.”    He  alleged  that  this  treatment  resulted  from  his  reporting  certain 
misconduct by his supervisor.  After he filed a complaint of retaliation, he alleged, the 
DOT  IG  made  findings  in  his  favor,  but  the  Coast  Guard  failed  to  take  appropriate 
remedial action. 

 

In support of his allegations, the applicant submitted copies of many of the docu-
ments summarized below.  In addition, he submitted many letters of recommendation 
from officers and enlisted members he had worked with at prior commands.  A retired 
captain who was the Executive Officer at Group Xxxxx when the applicant served there 
in  the  early  1990s  stated  that  the  applicant’s  “performance  of  all  of  his  professional 
duties was excellent in every respect.  He was thorough, meticulous, and successful in 
the management of the command’s communications activities and its classified materi-
als.  He ran a ‘tight ship,’ insisted on adherence to procedures, and expected a lot from 
himself and his crew.”  The applicant’s supervisor at another command from September 
1998 through May 2000 highly praised the applicant’s work and stated that the appli-
cant had “capably supervised the Comms Center and personally managed the classified 
accounts for approximately four months while no TCC was assigned to the command.” 

 

SUMMARY OF THE RECORD 

 
 
 
On September 23, 1980, the applicant enlisted in the Coast Guard.  After advanc-
ing  to  radioman,  third  class,  he was discharged on March 19, 1987.  He reenlisted on 
February 1, 1988.  By 1991, the applicant had advanced to radioman, second class.  From 
1991 through 1997, he was assigned to the Marine Safety Office (MSO) at Group Xxxxx, 
where he served as the Telecommunications Specialist in Charge (TCIC).  By 1997, the 
applicant had advanced to telecommunications specialist, first class (TC1).   
 
 
From 1997 through June 2001, the applicant served at an MSO in Xxxxxxx.  On 
his performance evaluation for the period ending November 30, 1997, the applicant was 
assigned a mark of “progressing,” rather than being recommended for advancement, on 
his performance evaluation.  The Chief of Group Operations prepared a Page 7 (form 
CG-3307)  dated  November  17,  1997,  to  document  the  mark.    The  Page  7  states  that 
before  the  applicant  could  be  recommended  for  advancement  to  chief  petty  officer 
(TCC),  he  needed  to  better  prioritize  his  work,  to  “be  a  better  role  model  by  making 
better decisions and recommendations to his supervisors,” and to exhibit more leader-
ship skills. 
 
 
On January 21, 1998, the applicant’s supervisor, TCC P, counseled him on a page 
7 about leaving open the door of a safe containing classified materials while he attended 
a  “mid-day  function”  in  the  conference  room.  The applicant was the alternate custo-
dian  of  classified  materials.    The  applicant  refused to sign the Page 7 in acknowledg-
ment. 
 
 
On March 13, 1998, the Chief of Group Operations counseled the applicant on a 
Page 7 about an incident that happened on January 16, 1998, when the applicant, who 
was delivering documents to the commanding officer (CO), allegedly stood in the door 
of  his  CO’s  office  while  the  CO  was  in  a  meeting,  even  though  the  CO  told  him  and 
signaled to him several times to leave and return later.  The applicant refused to sign 
the Page 7 in acknowledgment. 

 
 
On his performance evaluation for the period ending May 31, 1998, the applicant 
was  again  assigned  a  mark  of  “progressing,”  rather  than  being  recommended  for 
advancement.  On the Page 7 documenting the mark, the applicant’s TCC P wrote that 
in addition to the incidents on January 16 and 21, 1998, the applicant had inappropri-
ately sought letters of recommendation from subordinates and officers “after numerous 
attempts through the chain of command to compete in the Servicewide examination for 
E-7.”  The Page 7 also stated the following: 
 

[The  applicant]  has  an  overwhelming  competitive  attitude  which  leads  to  exaggerated 
statements  and  reckless  guesses  which  he  exhibits  in  day-to-day  situations  at  the  unit.  
[His] continued exaggeration has been so intense that his subordinates question his vera-
city in the most mundane issues.  Such a reputation does not breed respect and diminish-
es his credibility.  [He] does not always express his thoughts clearly and logically and this 
has been evident through his dealings with his chain of command.  [He] never takes any 
responsibility  for  his  actions  and  seems  to  have  a  hard  time  adjusting  and  supporting 
decisions  of  his  seniors.    At  times  [he]  demonstrates  fine  technical  skills  but  has  not 
exhibited the leadership skills necessary for advancement to Chief Petty Officer. 

 
 
On his performance evaluation for the period ending May 31, 1999, the applicant 
received  the  highest  possible  mark  (7)  for  “Stamina.”    The  Page  7  documenting  the 
mark notes that, after TCC P was transferred, the applicant took on the extra work and 
“effectively managed his time and resources to enable him to complete all reports and 
audits  by  the  appropriate  deadlines.    He  willingly  worked  overtime  to  assist  depart-
ments with computer/phone problems when the previous ADPSSO retired without a 
replacement.    In  addition,  he  never  failed  to  maintain  a  positive  attitude  toward  all 
tasks.”  While the applicant was stationed at this MSO, he also received marks of 7, with 
supporting positive Page 7s, for the performance category “Health and Well-Being” on 
five of his performance evaluations. 
 
 
On July 16, 2001, the applicant transferred back to the Communications Center at 
the MSO at Group Xxxxx.  His original rating chain included CWO X, his supervisor; 
LCDR X, the Group Operations Officer, who served as his marking official; and CAPT 
Y, the Group Commander, who served as his approving official.  On August 14, 2001, 
the applicant was referred for a mental health evaluation (MHE) because a review of his 
local  personal  data  record,  which  was  required  before  the command could grant him 
access to classified material, showed that after a command-directed MHE in 1998, the 
applicant did not return for a follow-up appointment as directed.  During the MHE on 
August 14, 2001, the applicant was found fit for full duty. 
 

On  January  17,  2002,  the  applicant  was  designated  as  the  Telecommunications 
Specialist in Charge (TCIC).  On May 1, 2002, he advanced from TC1 to TCC.  However, 
on June 7, 2002, CAPT Y suspended the applicant’s access to classified materials.  The 
reason for the suspension was not documented at the time.  As the applicant could not 
work  in  the  Communications  Center  without  such  access,  he  was  transferred  to  the 
Investigations Division. 

 
No final E-6 performance evaluation was ever entered in the applicant’s official 
record,  although  one  was  required  and  a  subsequent  investigation  revealed  that  two 
such forms were prepared.  The first form was signed by CWO X, LCDR X, and CAPT 
Y, prior to CAPT Y’s retirement on June 30, 2002.  CWO X and LCDR X did not recom-
mend  the  applicant  for  advancement  to  E-7  although  the  issue  was  moot  since  the 
applicant had already advanced.  However, CAPT Y did recommend him for advance-
ment to E-7. 

 
Following CAPT Y’s retirement, a second E-6 performance evaluation was pre-
pared and signed by CWO X and LCDR X and by the new Group Commander, CAPT 
Z.  On this form, all members of the rating chain marked the applicant as not recom-
mended for advancement.  In addition, the applicant was assigned a low mark of 2 for 
“Integrity,” several marks of 3, and a “satisfactory” conduct mark.  The applicant was 
shown and counseled about this evaluation on October 8, 2002, but it was apparently 
never submitted to the Coast Guard Personnel Command (CGPC). 
 
On July 24, 2002, the applicant was found fit for duty during another MHE.  His 
 
command apparently directed him to visit a doctor and that doctor, who was outside 
the chain of command, referred him for the MHE.  Although the psychiatrist’s report is 
not  in  the  record  before  the  Board,  the  DOT  IG  later  reported  that  the  applicant  had 
protested the MHE and that the psychiatrist noted the following: 

 
I  would  advise  command  that  3  referrals  for  the  same  problem  in  5  years  may  seems 
excessive  to  any  outside  review  agency.    The  challenges  posed  by  this  service-member 
are administrative in nature.  Further referral for the same interpersonal difficulties are 
not warranted. 

 
On October 4, 2002, a lieutenant in the Investigations Division prepared a posi-
 
tive Page 7 complimenting the applicant’s willingness to assist the division’s work as an 
Assistant Investigating Officer. 
 
Negative Page 7s  
 
 
On October 7, 2002, LCDR X, the Group Operations Officer, prepared a negative 
Page  7  concerning  the  applicant’s  removal  as  TCIC  on  June  7,  2002.    The  applicant 
refused to sign it in acknowledgment.  This Page 7 was later removed from the appli-
cant’s record because of inaccuracies: 
 

1.  On 07 JUN02 your security clearance was administratively suspended and you were 
relieved  of  duties  as  TCIC  due  to  loss  of  confidence.    Subsequent  to  your  relief,  it  was 
discovered you had been derelict in your duties as TCIC to wit: 
 
 

a.   The TCIC office was found in an extreme state of disarray. 

b.  Several  personnel  security  packages  were  separated  and  scattered  among 
several  different  piles  of  unrelated  paper  as  well  as  in  the  backs  of  desk 
drawers. 

c.  A  Central  Facility  Key  Inventory  letter  postmarked  01MAR02  requiring  a 
response within 45 days of receipt was found in a stack of unrelated paper-
work. 

d.  Six  months  of  unopened  phone  bills  were  located  in  various  piles  of  unre-

lated material. 

e.  A series of superseded classified CD-ROMs that should have been shipped to 

National Security Agency for Destruction were found in safe number 2. 

f.  TCIC CAMSPAC called to query why their e-mail requesting a listing of clas-

sified message delivery methods to outlying units was never responded to. 

g.  The 30-day classified message file had 45 days traffic posted. 
h.  Arrangements  to  return  three  RAS  Tokens  were  made  in  April  of  2002.  
Inventory  of  safe  4  revealed  you  had  not  sent  back the tokens as arranged, 
which continued to incur costs of $125.00 per month to the unit. 

 
2.  In addition to the non-performance of TCIC duties, leadership deficiencies have con-
tributed to Command loss of confidence.  Specifically, you have continually displayed a 
self-serving  leadership  style  marked  by  poor  conduct  towards  department  personnel 
despite repeated counseling by the Assistant Surface Operations Officer.  You have rou-
tinely  used  various  excuses  to  leave  early,  or  get  out  of  work  requiring  you  to  stay 
beyond normal working hours.  Examples include: 
 

a.  When the classified message delivery system had been inoperative from the 
night before you failed to get it back on-line.  Instead you went home leaving 
the communications watchstander to deal with [it].  In the middle of trouble 
shooting  the  problem  with  CAMSPAC  you  handed  the  watchstander  the 
phone with no explanation and left. … 

b.  The reserve communications watchstanders consisting of two TC1s and two 
TC3s  approached  the  Assistant  Operations  Officer  informing  him  they 
intended to request transfer to the IRR.  They cited that you were “manipu-
lating” their watch augmentation to your advantage so you would not have 
to stand night or weekend duty.  The reserve component is a valuable asset 
to the TCOW watch and your actions jeopardized their continuing participa-
tion.  Further, when reserves were scheduled to “cover” active duty person-
nel other than yourself, the active duty watchstander was not notified.  This 
became  so  routine  the  reserve  assigned  to  drill  would  personally  call  the 
active duty watchstander to inform them of the schedule change. 

c.  One active duty TC3 declined to re-enlist citing “he’d had enough” and did 
not want to stay and finish out his Xxxxx tour.  When pressed he stated your 
selfishness, lying, and bragging made him not want to come to work. 

d.  Continued  shortfalls  in  veracity  and  honesty.    During  a  very  busy  [festifal] 
event, you informed the Operations Officer that you were taking a compen-
satory day because you had worked eleven days straight.  When the Opera-
tions Officer questioned [CWO X] as to why you were working so much, he 
stated  that  you  were  not.    In  fact,  you  had  taken  the  previous  Friday  off, 
stood watch on Saturday, taken Sunday/Monday off, left early on Tuesday 
and worked Wednesday. 

e.  Continued abuse of Command approved 90 minute sports lunch program. 

 
[3].  A further distraction to your ability to fulfill your roll as TCIC manifested itself in 
your constant need to embellish your accomplishments to your subordinates.  Your per-

sistence in this has been so aggressive, that you choose to tell exaggerated stories about 
yourself and family.  Several examples follow: 
 

a.  Unsolicited, you engaged in a conversation of a sexually explicit nature with 
a junior petty officer.  This conversation concerned the sexual habits between 
you and your wife.  This constituted a violation of Commandant policy.   

b.  Frequently leaving copies of your personal positive page 7’s and other flatter-
ing documents where your subordinates would find them, occasionally with 
paperwork required to be reviewed and shredded. 

c.  Claiming  that  you  once  sat  down  in  a  conversation  with  President  Clinton.  
The  President  was  so  impressed  with  your  knowledge  and  abilities  that  he 
asked your opinion on a speech he was going to give.  You made what you 
felt were appropriate changes and gave it back to him. 

d.  The  local  community  contacted  you  before  your  household  goods  were 
unpacked to “beg” you to coach soccer.  This claim was further embellished 
when  you  claimed  that  you  couldn’t  leave  the  state  without  notifying  the 
Olympic Committee because your daughter had been selected as an Olympic 
hopeful. 

e.  After your dismissal from TCIC duties and assign[ment] to another branch, 
you  bragged  to  the  local  CGIC  Agent  that  you  had  worked  for  a  State 
Agency on a sting operation involving an unlicensed charter vessel operator.  
To complete the “sting,” you held up your uniform shirt as identification. 

07JUN02 your security clearance was administratively suspended as described in a prior 
CG-3307.  As of today, your security clearance has been reinstated to allow you to work 
in  Group/MSO  Xxxxx’s  COMMCEN.    Additionally,  because  of  the  items  identified  in 
that  CG-3307  you  are  being  placed  on  a  three-month  performance  probation  period  to 
commence this date.  During this period, you will perform the following steps: 
 
1.  You shall assist [QMC X] in the performance of his duties.  You will not have supervi-
sory contact with COMMCEN personnel other than what is necessary in the performance 
of your duties. 
 
2.    Carry  out  assigned  tasks  to  the  best  of  your  ability  …  Any  delegation  of  tasking  to 
subordinates will be accomplished by [QMC X]. 
 

 

4.  Your propensity of inattention to duties, embellished bragging, and lack of personal 
veracity  has  undermined  your  ability  to  lead  as  TCIC.    Your  behavior  has  had  serious 
negative impacts to unit morale and has led to a loss in confidence in your ability to hold 
a position of leadership. 
 
5.    You  have  been  medically  evaluated  to  have  no  underlying  physiological  causes  for 
your behavior.  You will be provided an opportunity to re-establish yourself within the 
Group Operations Department.  I encourage you to take advantage of this opportunity. 
 
 
Also on October 7, 2002, LCDR prepared another Page 7 to document the com-
mand’s decision to return the applicant to the Communications Center, albeit with no 
supervisory  duties  and  on  performance  probation.    The  applicant  signed  in  acknowl-
edgment  on  October  8,  2002.    This  Page  7  was  also  later  removed  from  his  record 
because of inaccuracies: 
 

 

3.  You will stand a proper military communications watch when assigned and will also 
be expected to complete your assigned tasks in a manner commensurate to your rank. 
 
4.  Any exchanged watches will be approved by [QMC X] … 
 
5.  You will be expected to arrive to work on time and depart only when authorized … 

6.   You may participate in a “Sports lunch” program only when not on scheduled watch.  
The length of the activity is 90 minutes.  You will be expected back on time and in proper 
uniform of the day at the end of that period. 
 
7.  You will refrain from lying, fabricating or embellishing stories of any kind.  You will 
not engage any conversations of a sexual nature. 
 
8.  You will not depart from the COMMCEN without first checking out with [QMC X] … 
 
9.    You  will  at  all  times  maintain  a  professional  appearance  and  attitude  and  will  not 
engage in conversations which undermine the good order and discipline of the OPCEN/ 
COMMCEN. 
 
10.  You will observe the chain of command at all times. 
 
11.  You will demonstrate your knowledge and proficiency in your rate and rank by: 

a.  Resolving all outstanding items on your CG-3307 of 07 Oct 02. 
b.  Complete all work assigned to you … thoroughly and completely. 
c.  Demonstrate  good  leadership  and  show  serious  effort  learning  leadership 

skills … 

d.  Display a professional attitude and behavior at all times. 
e.  Observe the chain of command at all times. 

 
12.    Once  the  above  items  have  been  successfully  accomplished  you  will  gradually  be 
given supervisory responsibilities. 
 
13.  You have been counseled on each one of these items.  Failure to comply with any one 
of the steps outlined here may lead to reduction proceedings and possible further admin-
istrative action. 

 
 
Although the applicant was reassigned to the Communications Center following 
this counseling, his access to classified material was withdrawn again a few weeks later 
by CAPT Z. 
 
Applicant’s Rebuttal of the Page 7s 
 
 
On October 10 and November 6, 2002, the applicant submitted two letters to the 
Group Commander to rebut the information in the Page 7s.  He alleged that they had 
been prepared in retaliation because in October 2001 he had reported LCDR X for com-
promising  classified  information.    He  alleged  that  LCDR  X  had  given  CWO  X  misin-
formation about the applicant leaving early on June 7, 2002.  He alleged that both LCDR 
X  and  CWO  X  could  “not  handle  [his]  personality  style.”    He  alleged  that  there  was 
some resentment due to the fact that he was an overachiever who set high standards for 

himself and did not smoke, drink, or use profane language.  The applicant alleged that 
he  had  not  previously  been  counseled  on  any  of  the  accusations  in  the  Page  7s.    He 
pointed out that his security clearance had never been suspended—only his access.  He 
alleged that CWO X had told him that he wanted the applicant to be successful but then 
said, “I hold the knife that can cut your throat.”  (In an undated “timeline” describing 
the same conversation, the applicant stated that QMC X, who was present when CWO 
X  counseled  him  on  the  Page  7s,  accused  him  of  smirking  while  he  was  listening  to 
CWO X and told him that he did not deserve his “anchors.”) 
 
 
Regarding the specific accusations in the first Page 7, the applicant alleged that 
the  TCIC  office  was  not  in  an  “extreme  state  of  disarray”  but  that  he  was  suddenly 
removed without an opportunity to tie up loose ends or to inform anyone of the status 
of various work.  He stated that he was working on two security packages at the time of 
his removal.  He alleged that CWO X told him not to take any action on the key inven-
tory letter.  He alleged that there were only three months’ worth of phone bills and that 
it was a low priority compared to the Noble Eagle operations.  He stated that returning 
the CD-ROMs was the assigned duty of the Comtac Publications Officer, TC2 B, who 
knew to ask the applicant if he needed help with anything.  Regarding the CAMSPAC 
email, the applicant stated, “I have responded to Camspac more than once with lists for 
who we guard for on the SWS.”  He further alleged that he “purged the 30 day classi-
fied board every day I was here, and made a note on any messages that were required 
to be retained longer than 30 days.  Every TCOW that was in the Commcen at the time 
should be able to verify this.”  He stated that only two old tokens were in the safe and 
that he had deactivated them both on April 17, 2002, and so they were not costing the 
command anything and just had to be mailed back. 
 
 
Regarding his alleged “self-serving” leadership, the applicant recounted his con-
duct on one of his off days when he spent several hours making sure a watchstander 
could get to the office despite heavy snow.  The applicant alleged that the watchstander 
to whom he handed over the CAMSPAC repairs was “the assistant administrator who 
is equally responsible for the maintenance of the system.  It was also good timing for 
him to take a little more responsibility.  I did not hand the problem over with no expla-
nation.  I told the individual what the problem was and that I wanted him to work with 
Camspac to resolve it.”  He stated that once when the system failed, he had come to the 
office at 1:00 a.m. to fix it and stayed through the workday. 
 
 
Regarding  the  reservists,  the  applicant  stated  that  one  was  under  pressure  to 
resolve medical issues or transfer to the IRR, one had a new baby and a new job and 
was considering transferring to the IRR to have more free time, and one worked for 911 
emergency services so he could not work according to a planned schedule and “would 
sometimes have to call the watchstanders to pass on when he could come in.”  Further-
more, the applicant stated, when he first arrived at the office, both TC3s were already 
planning to leave the Coast Guard. 
 

 
Regarding  his  work  schedule,  the  applicant  stated  that  everyone  at  the Group, 
including the CO, XO, and Group Operations Officer, had played Ultimate Frisbee on 
their lunch hour and had exceeded the given 90 minutes.  During [festival], he stated, he 
had  told  the  LCDR  X,  the  Group  Operations  Officer  the  truth—that  he  had  worked 
eleven  days  with  only  one  day  off  in  the  middle—but  LCDR  X  intentionally  misin-
formed CWO X that he had claimed to work eleven straight days.  CWO X then called 
him  back  to  work,  asked  him  “who  do  you  think  you  are,”  blamed  him  for  a  TC3’s 
departure, accused him of regularly leaving work an hour or half-hour early, and told 
him  that  he  would  be  denied  access  to  the  Communications  Center  and  sent  for  an 
MHE. 
 

The applicant alleged that the accusation about the sexually explicit conversation 
is “just plain sick and ridiculous” as he had “continually asked some of the personnel 
working within the Communications Center to abstain from sexual conversations and 
to not cuss in front of [him].”  He alleged that he had told someone that he had been 
married for seventeen years and had “saved [him]self for the one [he] married.” 

 
Regarding his personal documents, the applicant stated that he had left some in a 
blue folder on the chart table and that, if anyone looked at them, his privacy was vio-
lated.  The applicant further alleged that at a conference attended by the President, he 
was actually asked his opinion and it was “one of the brightest spots of [his] career.”  
The applicant alleged that statements he had made about coaching soccer and about his 
daughter  had  been  twisted  around  to  make  him  look  bad  when  he  was  really  just  a 
proud father of a great soccer player.  He denied ever claiming to have been part of a 
“sting.”  

 
Finally, the applicant alleged that he had only been brought back to the Commu-
nications Center because that was where his billet was and because they wanted him to 
install the new SIPRNET system.  He stated that after he did so, his chain of command 
would try to force him out again “due to personal vendettas and personality conflicts.” 

 
On  October  17,  2002,  the  applicant  met  with  CAPT  Z,  the  Group  Commander; 
CDR Y, the Executive Officer; and the Command Enlisted Advisor to discuss his rebut-
tal  of  the  Page  7s.    The  applicant  later  alleged  that  CAPT  Z  had  prepared  a  written 
response to his rebuttal but then withdrew it after the applicant gave him some further 
documentation. 

 
 On October 23, 2002, the applicant submitted a letter requesting “retirement on 1 

October 2004, or as soon thereafter as possible.”   
 
 
On November 18, 2002, the applicant submitted a letter requesting retirement as 
of June 1, 2003.  He specified that he wanted to be retired as a TCC.  CAPT Z forwarded 
the  letter  recommending  that  CGPC  retire  the  applicant  as  a  TCC  effective  March  1, 

is  littered  with  negative  entries;  several  of  them  dealing  with  issues  indicating  a  defi-
ciency  in  leadership  qualities  and  abilities.    In  regard  to  performance,  [his]  career  has 
been  one  marked  with  extreme  peaks  and  valleys  instead  of  one  typical  of  the  Coast 
Guard’s more effective senior enlisted leaders.  Unfortunately, [his] recent performance 
has been such that I’ve felt it necessary to withdraw his access to classified information, 
remove  him  from  any  space  containing  classified  material,  and  remove  him  from  any 
position of leadership or bona fide responsibility. 
 
Though [the applicant] has been counseled for reasons shown in the enclosed page sev-
ens and has been given the opportunity to correct the deficiencies noted, his actions con-
tinue to be a valid source of concern and his performance is below that expected of one of 
the Coast Guard’s senior enlisted members. … I feel that it is in the Coast Guard’s best 
interests  that  he  retire  as  soon  as  possible.  …  A  1  March  2003  retirement  date  would 
allow him to utilize the regular earned leave he had accumulated [and cannot sell]. 

 
 
On  November  22,  2002,  the  applicant  sent  an  email  to  a  Work-Life  counselor 
complaining  about  his  command’s  actions.    He  stated  that  the  recent  Page  7s  were 
“based off of false accusations, conjecture, speculation, and [hearsay] and were based on 
events  that  supposedly  happened  prior  to  7  June  02.    I  was  able  to  come  up  with 
documented evidence to disprove some of the accusations contained within these page 
7’s.”  He also alleged that the Page 7 his prior command had prepared on March 3, 1998, 
was also false as it was based on “an inaccurate perception.” 
 

2003.    The  Group  Commander  stated  that  the  requirement  that  a  member  serve  two 
years in grade before retiring should be waived because the applicant’s record 
 

Also  on  November  22,  2002,  CDR  Y,  the  Group  XO,  sent  an  email  to  several 
members of the command regarding the applicant’s retirement.  He wrote, “Hopefully, 
I  will  have  [the  applicant’s]  marks  &  new  pg  7’s  to  discuss  with  him  early  Monday.  
EPM’s  stance  is  that  he’s  being  fired;  that  1  Feb  is  the  latest  they  will  support.    If  he 
doesn’t take the offer we’ve made, I plan to pursue reduction in grade action.” 
 

On November 25, 2002, the applicant was shown his first E-7 performance eval-
uation,  for  the  period  ending  September 30, 2002.  He received many low marks of 2 
and 3 and an “unsatisfactory” conduct mark.  He was not recommended for advance-
ment  to  E-8.  The written comments supporting the low marks all concerned his per-
formance  of  duty  as TCIC rather than his performance in the Investigations Division.  
Most of the criticisms in these comments were summarized on the Page 7 prepared by 
the  applicant’s  chain  of  command  at  the  Communications  Center  on  October  7,  2002.  
The  comment  on  the  applicant’s  mark  of  2  for  “Integrity”  stated  that  “[w]hen  chal-
lenged on the truthfulness of these stories, he routinely would deflect responsibility by 
claiming miscommunication, misunderstanding or claim the person doubting him to be 
lying.  This continued behavior has led to a total loss of confidence in his credibility and 
resulted  in  an  administrative  suspension  of  his  security  clearance.    There  is  no  con-
vincing psychological cause for this behavior and many counseling sessions have been 
conducted with [him] in an attempt to improve his performance.” 

 

Also  on  November  25,  2002,  the  applicant  submitted  a  letter  requesting  retire-

ment as of February 1, 2003, as a TCC.  
 
 
On December 7, 2002, the applicant wrote to a U.S. Senator to complain about his 
treatment by his command at MSO Xxxxx.  He wrote that at his prior unit, he had held 
several highly responsible positions and had received four personal awards.  However, 
on August 14, 2001, within a month of returning to MSO Xxxxx, he was referred for a 
mental  health  evaluation  even  though  he  told  his  supervisor,  CWO  X,  that  it  was 
unnecessary and that he was a “God fearing Christian man, who does not need to drink 
or  cuss.”    CWO  X  later  told  him  that  he  did  not  “trust  anyone  who  doesn’t  drink  or 
cuss.”    The  applicant  alleged  that  the  command  at  MSO  Xxxxx  “have  used  my  per-
sonality against me in an attempt to smear my character and undermine my abilities.”  
He alleged that the command had “come up with false and twisted allegations to perse-
cute”  him  and  had  treated  him  “with  personal  bias,  prejudice,  and  discrimination  all 
based on my personality and not my abilities.”  He alleged that he was “set up for fail-
ure” during his first month at the unit and that his command was trying to force him 
out of the Coast Guard.  The applicant stated that under tremendous pressure from his 
command, he had agreed to retire on June 1, 2003, but then the XO told him that if he 
wanted to retire as an E-7, he had to retire on February 1, 2003, because otherwise the 
command would seek to reduce his rate.  The applicant stated that he had wanted to 
continue working at the Investigations Division through October 1, 2004, but that the 
command would not allow this because his billet was for Group Operations, rather than 
the Investigations Division.  The applicant asked that his retirement date as an E-7 be 
extended to June 1, 2003, so that his family would not “end[] up on the street.”  He also 
asked that he receive a letter of apology from everyone in his command who had har-
assed him and tried to “assassinate [his] character.” 
 
 
retire on February 1, 2003. 
 
 
On December 30, 2002, the DOT IG initiated an investigation into the applicant’s 
complaint that he was being forced to retire in reprisal because he was a whistleblower 
and that his command had illegally referred him for MHEs.  On January 17, 2003, CGPC 
issued orders amending the applicant’s retirement date from February 1, 2003, to April 
1, 2003, due to the pending investigation. 
 
Report of the DOT IG 
 

On December 10, 2002, CGPC issued orders approving the applicant’s request to 

On  March  14,  2003,  the  DOT  IG  forwarded  to  the  Coast  Guard  a  report  of  its 
incomplete investigation into the applicant’s allegations with recommendations for fur-
ther  investigation.    The  DOT  IG  denied  further  jurisdiction  over  the  case  because  the 
Coast Guard was transferred to the Department of Homeland Security (DHS) on March 

1,  2003.    The  DOT  IG  reported  that  after  conducting  twenty-four  interviews  and 
reviewing numerous documents from the applicant and his command,  

 
although we did not find any substantiation that the command’s actions were in reprisal 
for  a  protected  communication  by  [the  applicant],  we  did  find  there  was  a  concerted 
effort  within  the  command—based  solely  on  [the  applicant’s]  eccentricities—to  prema-
turely force him into retirement from the Coast Guard.  Further, we found that—in fur-
therance of this effort—the command violated administrative procedures and document-
ed  adverse  behavior—supported  solely  by  rumor  and  innuendo—in  [the  applicant’s] 
permanent  record.    Additionally,  we  found  attempts  by  senior  officers  to  cover  up  the 
efforts to produce this documentation. 
 
Specifically,  we  found  that  senior  Coast  Guard  members  of  MSO/Group  Xxxxx— 
attempting to document [the applicant’s] alleged performance deficiencies—solicited and 
subsequently  cited  unverified  examples  of  [the  applicant’s]  “weird”  behavior  and  poor 
performance from junior Petty Officers.  Moreover, we found that—five months after his 
promotion  to  Chief—[the  applicant’s]  seniors  attempted  to  produce  and  submit  an  E-6 
performance evaluation that would remove a recommendation for advancement to Chief 
Petty Officer made by the previous Commanding Officer. 
 
Furthermore,  we  found  numerous  efforts  by  personnel  at  the  command  to  negatively 
impact  the  reputation  of  [the  applicant]  through  MHEs  [mental  health  evaluations], 
derogatory statements made by supervisors to junior enlisted personnel, and his removal 
from his position in the Operations Department. 
 
While  there  are  outstanding  issues  concerning  the  command’s  treatment  of  [the  appli-
cant], in our opinion the facts uncovered by this investigation to date suggest the need for 
a  strong  response  by  Coast  Guard  Headquarters.    Specifically,  the  Coast  Guard  should 
consider  appropriate disciplinary action against members of [the applicant’s] command 
for their actions in attempting to cover-up the facts and circumstances surrounding the E-
6 evaluation, as well as their coercion of [the applicant] into early retirement. 
 
Further, we feel that—in their zealousness to force [the applicant] from the Coast Guard 
—responsible  members  of  [the  applicant’s]  command  engaged  in  a  series  of  egregious 
actions  by  making  false  adverse  comments  on  [the  applicant’s]  page  7,  subsequently 
included pieces of this false information on his E-7 evaluation, and, after placing [him] on 
performance  probation  status—through  negative  comments  and  instructions  to  junior 
members of the command—ensured that [the applicant] would fail his probation. 
 
Accordingly, we recommend that all negative page 7 entries issued by the command, and 
the E-7 performance evaluation be removed from [the applicant’s] records.  In addition, 
we  recommend  that  [he]  be  allowed  to  remain  on  active  duty  until  October  2004,  his 
originally requested retirement date. 
 
Regarding the applicant’s allegation that he had been removed as TCIC in June 
2002 in reprisal for reporting in October 2001 that LCDR X had taken classified material 
home to work on without proper authority, the DOT IG reported that “we did not find 
a nexus between the adverse personnel action and the protected disclosure.  Addition-
ally, information obtained from the interviews, the length of time between the protected 
communication and the first adverse personnel action, and the fact that [the applicant] 
was promoted during this time, resulted in our determination that his removal as TCIC 

and the actions taken by the command to force him to request retirement were not in 
reprisal for his involvement in reporting the security violation.” 

 
Regarding the applicant’s complaint about being referred for mental health eval-
uations, the DOT IG wrote that “during the screening of [the applicant’s] local records 
—required  prior  to  issuing  security  access—it  was  noted  that  [he]  had  a  MHE  at  his 
previous  command  but  had  apparently  failed  to  return  for  a  directed  follow-up visit.  
Accordingly,  [the  applicant]  was  referred  by  the  command  for  a  MHE  on  August  14, 
2001, and was found fit for full duty. … Pursuant to this evaluation he was granted his 
security access which enabled him to work in the Operations Department.”  Regarding 
the  second  referral  in  July  2002,  the  DOT  IG  stated  that  following  the  applicant’s 
removal  as  TCIC,  someone  at  the  command  referred  him  to  a  physician,  who  recom-
mended that the applicant have an MHE.  The DOT IG stated that the applicant was not 
entitled to a written referral or rights statement prior to either of these MHEs because 
the first was conducted in association with a security clearance and the second was by a 
doctor who was not part of the applicant’s chain of command.  

 
Regarding the applicant’s removal as TCIC and transfer from Operations to the 
Investigations  Division,  the  DOT  IG  stated  that  it  occurred  “after  a  confrontation 
between him and [CWO X] over the number of days [the applicant] had worked with-
out a day off” and that there may have been “significant miscommunication surround-
ing the issue.”  CWO X stated that the incident was “the straw that broke the camel’s 
back” and “stressed that [he] had verbally counseled [the applicant] on numerous occa-
sions,  but  [he]  could  not  provide  any  dates  or  the  specific  issues  discussed  with  [the 
applicant].”    CAPT  Y  told  the  DOT  IG  that,  after  LCDR  X,  the  Group  Operations 
Officer,  told  him  that  he  could  no  longer  deal  with  having  the  applicant  serve  in  the 
Communications Center as a supervisor, CAPT Y decided to transfer the applicant to 
the Investigations Division “to give him a second chance.”  

 
Regarding the first Page 7 dated October 7, 2002, the DOT IG stated that it was 
based in part on input solicited from petty officers in the Communications Center about 
the  applicant’s  performance  prior  to  his  removal  as  TCIC  in  June  2002.    The  DOT  IG 
stated  that  all of these junior petty officers either disliked or distrusted the applicant, 
that the information was never verified, and that some of it was false or misleading.  For 
example,  the  DOT  IG  stated  that  an  interview  revealed  that  the  accusation  about  the 
applicant’s alleged sexual discussion was based on a comment by him that “he and his 
wife did not have sex because she only wanted him for his paycheck.”  Moreover, the 
DOT IG stated, the applicant’s rebuttals, which appeared to fully explain many of the 
issues on the Page 7, were never examined by his command.   

 
Regarding  the  applicant’s  two  final  E-6  evaluations,  the  DOT  IG  stated  that 
CAPT  Z  completed  the  form  and  marked  the  applicant  as  not  recommended  for 
advancement without knowing about the first evaluation.  CWO X claimed that the XO, 
CDR Y, had told him to prepare the second form.  However, CDR Y claimed not to have 

told CWO X to redo the evaluation and contradicted himself several times.  Ultimately, 
neither evaluation form was submitted to CGPC.  The DOT IG stated that both CAPT Y 
and CAPT Z also made statements that contradicted those by CDR Y. 

 
The DOT IG stated that another Page 7, which is not in the record, was prepared 
after CWO X told a second class petty officer serving as an instructor at the firing range 
that  the  applicant  “was  not  capable  of  handling  a  weapon  and  should not be around 
them” even though the applicant had recently scored 149 out of a possible 150 on the 
pistol range.  This finding was based in part on an undated letter from the applicant, 
who alleged that on June 25, 2002, CWO X called the firing range and told the instructor 
that  he  was  “not  stable  enough  to  handle  a  weapon.”    When  the  applicant  asked  the 
instructor  to  sign  a  statement  for  him  to  document  the  tactics  that  were  being  used 
against him, the applicant’s request was used as the basis for an adverse Page 7, which 
was “then used to document his failure to perform while on performance probation.” 

 

 
The  DOT  IG  agreed  with  the applicant’s claim that he was “set up for failure” 
upon his return to the Communications Center in October 2002 because he was denied 
supervisory duties and his subordinates were told that they were not required to follow 
any of his orders.  One subordinate was told that “if [the applicant] tells you to empty 
the  trash,  you  don’t  have  to  do  it.”    The  DOT  IG  concluded  that  the  solicitation  of 
adverse comments from subordinates and the failure to reassign the applicant to a sen-
ior  enlisted  billet  “created  an  environment  where  it would be impossible for [him] to 
successfully perform duties assigned to him.  Accordingly we found that [his] return to 
the Operations Office was an attempt to build more documentation to use against him 
and not an opportunity for him to succeed.” 

 
Regarding the applicant’s E-7 performance evaluation for the period ending Sep-
tember 30, 2002, the DOT IG noted that the applicant had spent four of the five months 
of the evaluation period working in the Investigations Division, and his supervisors in 
that division provided laudatory comments on a Page 7.  Therefore, the DOT IG con-
cluded that their input must not have been considered in the preparation for the per-
formance evaluation, which was instead based on performance that predated the eval-
uation period. 

 
The  DOT  IG  stated  that  although  the  applicant’s  past  performance  evaluations 
showed mostly average marks, he appeared to have poor leadership skills.  However, 
the  command  never  offered  to  send  the  applicant  to  a  leadership  course.    One  com-
mander  stated  that the applicant’s prior command told him that the applicant “could 
only focus on one task at a time and should not be given a long list of tasks to accom-
plish.    [The  commander]  felt  that  [MSO  Xxxxx]  placed  a  lot  of  command  and  control 
responsibilities  on  [the  applicant]  and  expected  the  same  results  as  achieved  by  the 
former TCIC, who was an outstanding supervisor.” 

The DOT IG stated that several interviewees claimed that the applicant’s prob-
lems  were  due  to  personality  conflicts  between  him  and  his  chain  of  command.    The 
applicant was noted as having eccentric mannerisms and methods of engaging people 
in conversation.  The DOT IG also stated that “[o]ne personality trait of [the applicant], 
which was mentioned by every person interviewed, was his tendency to embellish sto-
ries,  many  of  which  were  considered  as lies by the people who heard them. … Some 
people interviewed stated that they did not give much credence to [the applicant] when 
he was telling his boastful stories.  Other people told us that they were really bothered 
by the stories and stated that—because of the stories—they considered [him] a liar and 
untrustworthy.”   

 
The  DOT  IG  concluded  that  although  they  did  not  substantiate  the  applicant’s 

original two allegations, the following issues were identified: 

 
•  continued efforts to have the applicant found mentally unfit for duty; 
•  unverified information on the Page 7s dated October 7, 2002; 
•  his  removal  as  TCIC  in  June  2002  “with  no  documented  counseling,  no 
attempts to assist him in his leadership deficiencies, and no Negative Page 7s or a 
Performance Evaluation to document poor performance”; 

•  “The actions to set him up for failure when he was returned to the Operations 

Center to ‘give him a chance to succeed’”; 

•  his rating chain’s failure to consider the positive input from the Investigations 
Division in the preparation of his performance evaluation for the period ending on 
September 30, 2002; and 

the pressure placed upon him to request retirement. 

• 
 
The  DOT  IG  noted  that  the  Enlisted  Personnel  Management  Division  at  CGPC 
had not yet been interviewed.  CDR Y had claimed that CGPC-epm told him that the 
command had only two choices: to convince the applicant to request a retirement date 
of February 1, 2003, or to “take appropriate actions to reduce him to E-6.” 

 
The Coast Guard forwarded the DOT IG’s report to the Thirteenth District Com-

mander for further investigation. 
 

On  March  26,  2003,  CGPC  issued  orders  amending  the  applicant’s  retirement 
date from April 1, 2003, to June 1, 2003, due to the pending investigation.  On May 23, 
2003, the District command asked CGPC to extend the applicant’s retirement date again 
to July 1, 2003, “to accommodate the resolution of a current IG investigation.”  On May 
27, 2003, CGPC issued orders amending the applicant’s retirement dated from June 1, 
2003, to July 1, 2003. 
 
 
On  June  9,  2003,  the  District  Commander  appointed  a  captain  to  serve  as  the 
Investigating  Officer  (IO)  and  complete  the  investigation  into  the  applicant’s  allega-
tions.  On June 12, 2003, the District Commander asked CGPC to extend the applicant’s 

On June 17, 2003, CGPC issued orders to retire the applicant on August 1, 2003, 

scheduled retirement date from July 1, 2003, to August 1, 2003, because the investiga-
tion would not be complete before the end of June. 
 
 
instead of July 1, 2003. 
 
 
On  June  23,  2003,  the  applicant  asked  that  his  retirement  date  be  changed  to 
October 1, 2004.  He stated that when he submitted his requests for an earlier retirement 
date he “felt overt pressure and coerc[ion] from members in my command to ‘voluntar-
ily’ retire earlier than I had planned.”  The Group Commander forwarded the request to 
the District Commander with a note that the alleged coercion was still under investiga-
tion.  
 
Report of the Coast Guard’s Administrative Investigation 
 

On July 7, 2003, the IO completed his investigation and forwarded his report to 
the  District  Commander  for  review.    The  IO  noted  that  the  DOT  IG  had  “found  no 
validity  to  [the  applicant’s]  charge  that  his  performance  eval[uation]s  were  lowered 
and/or retirement negotiated in retaliation for a whistle blowing incident.  There was 
no connection between his marks and [LCDR X’s] mishandling of classified material.”  
In addition, the IO noted that the DOT IG found that the command’s decisions to refer 
the  applicant  for  mental  health  evaluations  “were  proper  and  followed  USCG  proce-
dures.”  The IO also noted that the applicant had been diagnosed with narcissistic and 
obsessive-compulsive personality traits. 
 
 
Regarding  the  applicant’s  final  E-6  performance  evaluation,  the  IO  stated  that 
because  the  applicant  advanced  from TC1 to TCC on May 1, 2002, his command was 
required to prepare a final E-6 performance evaluation.  CAPT Y, the prior Group Com-
mander, signed one evaluation form on July 12, 2002, and marked the applicant as rec-
ommended for advancement.  This evaluation was never shown to the applicant.  The 
Group’s Chief Yeoman and the Executive Officer, CDR Y, told the IO that they did not 
believe that CGPC would accept the first evaluation and so had the rating chain prepare 
a second form.  CAPT Z signed the second form without knowing about the first.  Ulti-
mately,  neither  final  E-6  evaluation  was  submitted  to  CGPC  or  entered  in  the  appli-
cant’s  record.    The  IO  noted,  however,  that  missing  evaluations  “are  common  in  the 
USCG Enlisted record and rarely negatively impact the member” and that the Group’s 
failure to submit the evaluation to CGPC benefited the applicant as it would have low-
ered his average marks.  He also noted that the applicant had not appealed the second 
evaluation  form,  which  he  was  shown.    The  IO  recommended  that  CGPC  waive  the 
applicant’s final E-6 evaluation so that neither of the two prepared by the Group could 
be submitted. 

 
Regarding the applicant’s E-7 evaluation dated September 30, 2002, the IO stated 
that its preparation was optional since the applicant had been evaluated less than 184 

days before.  He recommended that the applicant’s appeal of the low marks be denied. 
Regarding the Page 7s dated October 7, 2002, the IO stated that the first, which docu-
mented the applicant’s removal as TCIC on June 7, 2002, was not invalid simply because 
it was late.  However, he stated that both Page 7s were “sloppy” and recommended that 
the rating chain be required to prepare Page 7s that “are more precise and delineate the 
negative impact of [the applicant’s] documented performance.”  The IO noted several 
problems with the Page 7 dated October 7, 2002, including the following: 

 
•  The  phrase  “’extreme  state  of  disarray’  …  is  too  vague/open  to  personal 
interpretation … “ 
•  Responsibility for the classified CD ROMs should be clarified as it was appar-
ently delegated to one of the applicant’s subordinates. 
•  The unit was not incurring debt for the RAS tokens. 
•  The  dates  that  the  applicant  worked  should  be  clarified  or  deleted  as  there 
were conflicting accounts. 
•  The  comment  about  the  applicant’s  extended  lunches  should  be  deleted  or 
expanded  to  show  how  they  negatively  affected  his  performance  of  duties  as 
“[m]any  Group  Xxxxx  personnel  extend  the  liberal  sports  lunch  program 
without impacting job performance.” 
•  Paragraph 3a., regarding an alleged sexually explicit conversation should be 
deleted “due to conflicting statements and apparent minimal importance of com-
ments.” 
 
The IO stated the second Page 7 dated October 7, 2002, regarding the applicant’s 
performance  probation,  should  be  corrected  and  resubmitted  to  CGPC  because  the 
opening  paragraph  was  inaccurate  since  the  Group  Commander  could  only  suspend 
the applicant’s security access and could not suspend his actual security clearance. 

 
 
Regarding  the  applicant’s  retirement,  the  IO  stated  that  the  applicant  initially 
discussed  retirement  with  his  command  in  June  2002  and  then  submitted  his  first 
request in October 2002.  In response, CGPC authorized the Group to retire the appli-
cant as of February 1, 2003, as an E-7, thereby waiving the requirement that a member 
serve in grade for two full years before being retired in that grade.  The IO stated that 
CGPC “was working with several retiring E-7’s during the late 2002 period; [the appli-
cant] received the exact same ‘negotiated settlement’ date as the other E-7’s.”  He noted 
that because of the “High-3” retirement program, additional months as an E-7 would 
significantly raise the applicant’s retired pay. 
 
 
The IO stated that “[e]very single member of [the applicant’s] Operations Divi-
sion chain of command stated that they no longer trusted [him] and he was not an effec-
tive leader.”  In addition, “[a]ll interviewed junior TC’s stated that [the applicant] was 
an ineffective leader, and some stated that he abused his TCIC role for personal advan-
tage.”    The  applicant’s  supervisors  in  the  Investigations  Division,  where  he  had  been 

transferred  after  being  denied  access  to  classified  materials,  stated  that  his  work  was 
satisfactory but that he was not performing at an E-7 level.  
 

The IO stated that the Group had denied the applicant access to classified mate-
rials, as allowed by regulation, and that the applicant could not perform as a TCC at the 
Group without such access.  He stated that the applicant was “presently not supervising 
any personnel, not filling an E-7 billet, nor performing at the expected level of an E-7.” 
The IO also noted that the applicant “demonstrated excellent attention to detail and an 
orientation towards task completion.” 
 
Applicant’s Retirement  
 
 
On  July  9,  2003,  the  District  Commander  forwarded  the  applicant’s  request 
regarding  a  retirement  date  of  October  1,  2004,  to  CGPC  “for  consideration  based  on 
service needs.”  He stated that the investigation had not substantiated the applicant’s 
claim of coercion.  He requested that, if CGPC decided to grant the applicant’s request, 
the applicant be transferred because “he is out of billet.  More importantly, his contin-
ued presence would not be conducive to MSO/Group Xxxxx’s unit effectiveness.” 
 
 
On  July  15,  2003,  CGPC  instructed  the  Group  to  inform  the  applicant  that  his 
request to change his retirement date from August 1, 2003, to October 1, 2004, “has been 
considered and must be disapp[roved] due to no Service needs.”  (The applicant alleged 
that there was Service need.  He submitted a CGPC message dated May 2, 2003, show-
ing that there were thirty vacancies in his rating.) 
 
 
On July 28, 2003, the new District Commander took final action on the adminis-
trative investigation triggered by the DOT IG’s report dated March 14, 2003.  He noted 
that due to the Coast Guard’s transfer from DOT to DHS in March 2003, the DOT IG 
was  unable  to  complete  its  investigation  and  had  forwarded  the  case  to  Coast  Guard 
Investigative Services, which forwarded the case to the District for further investigation.  
The District Commander stated the following: 
 

a.  Handling of E-6 Evaluations:  It is my opinion that there were some anomalies in the 
handling  of  [the  applicant’s]  E-6  evaluation  by  Group  …  in  general  and  specifically  by 
[the XO, CDR Y].  However, I do not believe [CDR Y] or any other members of Group … 
committed  any  criminal  acts.  …  In  addition,  Group  …  shall  request  approval  from 
CGPC-epm to waive [the applicant’s] final E-6 evaluation.  Upon receipt of approval by 
CGPC-epm  to  waive  this  final  evaluation,  Group  …  shall  destroy  the  “missing”  E-6 
evaluations and related page 7’s. 
 
b.  Voluntary or Coerced Retirement:  CGPC-epm made the final decision regarding [the 
applicant’s]  retirement  and  waived  the  required  two  years  in  grade  to  allow  [him]  to 
retire as an E-7.  I concur with [the IO’s] conclusion that [the applicant’s] retirement was 
voluntary and that no disciplinary or administrative action is necessary. 

d.  E-7 Marks Appeal:  I concur with [the IO’s] conclusions that the page 7’s prepared to 
support [the applicant’s] evaluation are inadequate and need to be corrected.  Group … 

•  •  • 

shall  correct  these  page  7’s  and  forward  them  to  [a  District  office]  for  review.    Upon 
receipt of corrected page 7’s, [a District office] shall review [the applicant’s] marks appeal 
and provide me with a recommendation regarding whether or not I should uphold the 
appeal.    I  note  that  the  unsatisfactory  conduct  mark  is  unsupported  by  the  record.  
Accordingly, I will change this mark to satisfactory and Group … shall take appropriate 
action  to  determine  whether  [the  applicant]  is  otherwise  eligible  for  a  Good  Conduct 
Medal.  In addition, Group … shall also document with a page 7 the end of [the appli-
cant’s] probationary period following the recommendations made by [the IO]. 
 
e.  Other Recommendations by the IO:  [The IO] recommended negotiating a retirement 
settlement for [the applicant] to take into account the loss of retired pay he will suffer as a 
result of retiring before October 2004.  Federal law establishes how retired pay is calcu-
lated.  Retired pay cannot otherwise be negotiated by CGPC.  Hence, action on this rec-
ommendation is not possible.  CGPC-epm has directed a 1 August 2003 retirement date; 
[the applicant] shall retire on this date. 

On August 1, 2003, the applicant was retired from the Coast Guard.  

 
 
 
 
with the District Commander’s memorandum dated July 28, 2003. 
 
 
date be changed to October 1, 2004, based upon the following: 
 

On August 7, 2003, the District directed the Group to take action in accordance 

On August 8, 2003, the applicant submitted a letter requesting that his retirement 

On  August  14th  2001,  I  was  forced  against  my  will  to  go  to  …  Army  Behavioral  Clinic 
even after being found Fit for Full Duty by Naval Hospital … .  I also believe that mem-
bers  of  my  previous  command  prior  to  my  forced  retirement  manipulated  my  medical 
records.  I was never given any referrals nor was I ever offered the opportunity to meet 
with an attorney prior to any of the medical mental health evaluations. 
 
On June 7th 2002, I was unjustly removed from the communications center and my local 
security access withdrawn with no supporting documentation to justify my removal by 
my previous command prior to my forced retirement. 
 
On July 24th 2002, I was again forced against my will to go to … Army Behavioral Clinic 
by  my  previous  command  even  though  I  was  found Fit for Full Duty previously by … 
Army  Behavioral  Clinic.    This  took  place  while  I  was  working  in  the  Investigations 
Department which did not require a security clearance in the performance of my duties.  
Once again I did not receive any mental health referrals nor was I afforded the opportu-
nity to meet with an attorney. 
 
Based on my treatment at my last command, I am requesting full restitution. 

 
The Group Commander forwarded the applicant’s request to the District Com-
 
mander and recommended disapproval.  He stated that, although he was not privy to 
the results of the investigation, he understood that it was completed and that “no fur-
ther action is warranted.”  He noted that the applicant’s letter of August 8, 2003, did not 
present any new information.  He stated that he did not understand how the applicant’s 
medical records were relevant to the request since the applicant was fit for duty. 
 

 
The District Commander forwarded the request to CGPC and recommended dis-
approval.    He  wrote  that the “circumstances of [the applicant’s] retirement date were 
investigated by both the DOT IG and by the … District and appropriate administrative 
action  was  taken.    The  DOT  IG  investigated  his  allegations  regarding  the  referrals  to 
[the Army Behavioral Clinic].  His letter raises no new issues.” 
 
 
8, 2003, as follows: 
 

On September 15, 2003, CGPC responded to the applicant’s letter dated August 

… You base your request on the decision on July 28, 2003, by [the District Commander] to 
change your enlisted employee review conduct mark for the period ending September 30, 
2002,  to  “satisfactory.”    You  also  assert  you  were  coerced  into  requesting  voluntary 
retirement earlier than you desired.  However, I note that your original retirement date 
was delayed until August 1, 2003, so this allegation could be investigated.  The investiga-
tion, completed prior to your retirement, did not substantiate your allegation.  I also find 
no basis to consider changing your retirement date based on the decision to change your 
conduct  mark  to  satisfactory.    Your  August  1,  2003,  retirement  date  will  remain 
unchanged. … If you still feel that you have suffered an injustice or that there is an error 
in your record, you may apply to the Board for Correction of Military Records. … 

next time.  Love, [applicant’s first name]” 

•  “I love you [officer’s first name] [heart] XXXOOO [applicant’s first name]” 

 
Applicant’s Civil Rights Complaint 
 
Following his retirement, the applicant filed a complaint with the DHS Office of 
 
Civil Rights and Civil Liberties (CRCL) alleging that he had been discriminated against 
sexually and because of his religion (Christianity).  He raised the issues of coercion and 
illegal MHEs.  He stated that some people were jealous of him because of his athletic 
success and his successful career, as he had worked “directly for the White House Staff 
and a President.”  He stated that some people discriminated against him because he did 
not smoke, drink, or use profane language and because he did a lot of volunteer work.  
He stated that some of his subordinates frequently questioned him and challenged him 
about his religious beliefs.  He complained that his command had solicited false com-
ments about his performance from his subordinates and then, when he returned to the 
Communications Center, set him up to fail by instructing them not to listen to him.  He 
also complained that the Coast Guard tried to “connect him” to his stepfather, who was 
not  a  blood  relative  and  who  was  diagnosed  with  schizophrenia  after  he  killed  the 
applicant’s mother in 1990. 

 
The applicant alleged that LCDR X had told him he was “too nice,” which meant 
homosexual.    The  applicant  submitted  photocopies  of  notes  that  he  found  on  a  male 
officer’s desk in July 2003, which he believes were written by LCDR X.  He alleged that 
the notes, which were purportedly from the applicant himself to the male officer, consti-
tuted sexual harassment and discrimination.  The handwritten notes read as follows: 

 

•  “[officer’s  first  name],  I  came  by  but  you  weren’t  here.  [frowning  face]  Maybe 

•  “I miss you. [heart] [applicant’s initials] XXXOOO” 

 
 
On May 17, 2005, CRCL informed the applicant that the evidence was insufficient 
to support his claim that he had been discriminated against on the basis of his religion 
when  he  was  offered  early  retirement  or  that  he  had  been  sexually  harassed  in  July 
2003.    CRCL  stated  that  the  applicant  “failed  to  provide  any  direct  evidence  or  testi-
mony  to  prove  that  his  religion  or  his  sex  were  factors  in any of management’s deci-
sions.”  CRCL reported that both members involved with the forged “love notes” were 
reprimanded.  CRCL alleged that “the record indicated that Complainant had a history 
of attitudinal and performance problems, which resulted in his being offered an oppor-
tunity  to  retire  at  a  higher  grade  than  normal,  in  order  to  avoid  demotion.”    CRCL 
noted that CAPT Z, the second Group Commander, had reported the following: 
 

•  When CAPT Z met with the applicant, the applicant “brought a suitcase full of 
documents and kept saying everyone was out to get him over the last ten years of his 
career.”   

•  When  CAPT  Z  and  others  were  at  the  Communications  Center,  the  applicant 
claimed to have heard a mayday call on the radio that no one else heard, and a careful 
review of the tapes indicated there was no such call. 

•  The Investigations Division did not want to retain the applicant. 
•  When CAPT Z tried to move the applicant back to the Communications Center, 

the applicant sat on the floor with his arms folded and refused to move. 

•  When CAPT Z later sent the applicant to work on a regional coalition, without 
providing that command with any background, the command sent the applicant back 
stating that they could not use him. 

•  CAPT Z stated that he had stopped trusting the applicant because of how much 
the  applicant  “embellished  everything.”   The applicant “cited a variety of stories that 
were so fantastic that it got to the point that [CAPT Z] did not believe virtually anything 
[the applicant] said.”  Therefore, he did not trust the applicant to work as the Commu-
nications Chief with classified materials, and the applicant “did not have the aptitude 
for any other job he was given.” 

•  CAPT Z stated that because the applicant “did not want to work where he was 
assigned and did not want to work anywhere else,” he thought the best solution was to 
allow the applicant to retire as a chief without the required two years in grade, and that 
he believed that the applicant took the offer willingly. 
 

CRCL  reported  that  LCDR  X  had  stated  that  the  applicant  “was,  in  essence, 
forced  to  retire”  since  his  access  to  classified  material  had  been  withdrawn  first  by 
CAPT Y and then by CAPT Z “because of performance problems, his inability to func-
tion as a Chief Petty Officer, and continued personality conflicts across the board with 
the chain of command.”  LCDR X reported that the applicant “was displaying inappro-
priate  behavior  for his position, and that he was not succeeding in any attempted re-
assignments.”   

 

CRCL concluded that “[e]ven assuming the events took place as relayed by [the 
applicant], they fail to rise to the level of hostile work environment” and that “a finding 
of no discrimination has been rendered.”  CRCL also concluded that the applicant had 
not  been  constructively  discharged.    CRCL  stated  that  under  Fritsch  v.  United  States 
Postal Service, EEOC Appeal No. 01840292 (1985), a constructive discharge is determined 
by  “(1)  whether  a  reasonable  person in the complainant’s position would have found 
the  working  conditions  intolerable;  (2)  whether  the  alleged  conduct  against  the  com-
plainant created the intolerable working conditions; and (3) whether the complainant’s 
resignation  resulted  from  the  intolerable  working  conditions.”    CRCL  further  stated 
that the applicant  
 

failed to show that a reasonable person would have found his working conditions intol-
erable.  Management’s actions were in response to Complainant’s performance difficul-
ties and inappropriate behavior as corroborated in the record.  The Command’s offer to 
Complainant  to  receive  the  benefit  of  a  waiver  of  the  two-year  in  grade  retirement 
requirement rather than face demotion for performance issues was an offer advantageous 
to Complainant.  The record indicates that Complainant understood the offer and that he 
accepted this benefit by submitting his retirement request. 
 
As a result of Complainant’s inappropriate behavior, i.e., fantastic stories, obsession with 
documentation of past wrongs, unprofessional actions (sitting on the floor and refusing to 
leave)  and  even  dangerous  actions  (hearing  a  non-existent  mayday  call),  both  the  pre-
vious  command  and  the  current  command  requested  psychological  evaluation.    It  was 
appropriate, even incumbent upon Command Management, to remove security access to 
such an individual. 
 
Second,  as  discussed  above,  Complainant  failed  to  show  that  the  working  conditions 
were intolerable.  He did not show that he was discriminated against or that he was sub-
jected to an environment that was so hostile that he had no choice but to resign; rather 
Complainant  took  advantage  of  an  offer  to  retire  at  a  higher  pension  rather  than  be 
demoted due to performance problems. 
 
… Complainant’s retirement is considered to be voluntary, and he has not shown that he 
was a victim of discrimination. 

 

VIEWS OF THE COAST GUARD 

 
 
On February 1, 2006, the Judge Advocate General of the Coast Guard submitted 
an advisory opinion recommending that the Board deny the applicant’s request.  In so 
doing, he adopted the facts and analysis in a memorandum provided by CGPC. 
 
 
CGPC alleged that three investigations have been conducted into the applicant’s 
allegation  that  he  was  coerced  into  retirement  and  that all three concluded that there 
was insufficient evidence to support his claim.  CGPC noted that the applicant’s retire-
ment date was delayed from February 1 to August 1, 2003, while investigations were 
conducted.    CGPC  also  noted  that  to  retire  the  applicant  in  paygrade  E-7,  the  Coast 
Guard waived the requirement that a member serve successfully in that paygrade for 
two years. 
 
 
Regarding the applicant’s request that the adverse Page 7s be removed from his 
record,  CGPC  stated  that  checks  of  the  applicant’s  electronic  and  paper  record 
“revealed no negative CG-3307 entries during the time period in question” and that the 
Personnel Service Center had no E-7 performance evaluations for the applicant showing 
that he was not recommended for advancement.  CGPC stated that the negative Page 7s 
had  already  been  removed  from  the  applicant’s  record  and  that  the  “unsatisfactory” 
conduct  mark  on  his  performance  evaluation  had  already  been  changed.    CGPC  con-
cluded that no further relief should be granted. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  February  9,  2006,  the  BCMR  received  the  applicant’s  response  to  the  Coast 
Guard’s advisory opinion.  The applicant alleged that the absence of the Page 7s from 
his record shows that the Coast Guard is “attempting to cover up the actions from my 
last command.”  He alleged that those Page 7s “were used as a weapon of coercion to 
force me against my will” to alter his requested date of retirement. 

 
The  applicant  alleged  that  the  email  by  CDR  Y  dated  November  22,  2002,  is 
“clear evidence of the coercion that took place based on false and misleading informa-
tion.”  He alleged that CDR Y also verbally threatened him with reduction in rate based 
on  the  false  and  misleading  information  in  the  Page  7s  signed  by  LCDR  X  unless  he 
agreed to the February 1, 2003, retirement date. 

 
The applicant stated that although he is thankful that the Page 7s are not now in 
his  record,  their  absence “does not change the actions that occurred at [his] last com-
mand and how the negative CG-3307’s were used against [him].  It also does not change 
the severe impact of the command’s actions upon [his] family.” 
 

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 appli-
cable law: 
 

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

The application was timely.   

1. 

 
2. 

3. 

The applicant asked the Board to correct his retirement date from August 
1, 2003, to October 1, 2004; to award him back pay and allowances; and to remove all 
negative Page 7s from his record.  The applicant’s record does not contain any negative 
Page 7s from his last unit, where he served from July 16, 2001, until his retirement on 
August 1, 2003.  Although his record does contain negative Page 7s from prior units, he 
has  not  presented  any  evidence  to  prove  that  those  older  Page  7s  are  erroneous.  
Therefore, the only issue before the Board is whether the applicant’s retirement date is 
erroneous or unjust. 
 
 
Absent  evidence  to  the  contrary,  the  Board  presumes  that  government 
officials, including members of the applicant’s chain of command, have carried out their 
duties  “correctly,  lawfully,  and  in  good  faith.”    Arens  v.  United  States,  969  F.2d  1034, 
1037  (Fed.  Cir.  1992);  Sanders  v.  United  States,  594  F.2d  804,  813  (Ct.  Cl.  1979).    To  be 
entitled  to  relief,  the  applicant  must  submit  sufficient  evidence  to  overcome  this  pre-
sumption and prove the alleged error or injustice in his record by a preponderance of 
the evidence.  33 C.F.R. § 52.24(b). 
 
 
On November 25, 2002, the applicant submitted a request for retirement as 
a TCC/E-7 as of February 1, 2003.  His request was approved by CGPC even though he 
had not yet performed the required two years of service in grade.  Previously, he had 
requested retirement as of October 1, 2004, and then June 1, 2003, and his command had 
recommended March 1, 2003.  According to CGPC, however, it was at that time offering 
several  members  the  opportunity  to  be  retired  without  two  years  of  service  in  grade 
and all were assigned a retirement date of February 1, 2003.  Therefore, it appears that if 
the  applicant  was  to  retire  early  as  an  E-7—i.e.,  without  two  years  in  grade—CGPC 
would agree only to a retirement date of February 1, 2003, for administrative reasons 
that had nothing to do with the applicant’s situation at Group Xxxxx. 
 
 
On December 7, 2002, the applicant wrote to a U.S. Senator, asking that his 
retirement date be extended to June 1, 2003.  He alleged that he had wanted to retire on 
October 1, 2004, but had been coerced into submitting a request to retire on February 1, 
2003, because his command was threatening to seek a reduction in rate.  As a result of 
this letter, the DOT IG began an investigation into the applicant’s allegations, and the 
applicant was not retired until August 1, 2003. 
 

4. 

5. 

6. 

Under  Article  5.C.38.c.2.  of  the  Personnel  Manual,  “[o]nly  the  Comman-
dant may reduce a chief petty officer in rate for incompetence and then only if a fact-

7. 

9. 

8. 

finding board finds the member unqualified.”  Therefore, the command at Group Xxxxx 
could not have unilaterally reduced the applicant’s rate without due process but could 
only  have  asked  CGPC  to  consider  convening  a  fact-finding  board  to  determine 
whether the applicant was unqualified to serve as a TCC. 
 
 
The DOT IG concluded that the applicant was “coerced” into requesting a 
retirement date prior to October 1, 2004, not because he had reported that LCDR X was 
taking home classified materials to work on, but because the applicant’s command was 
entering  negative  information  about  his  performance  in  his  record  and  threatened  to 
seek a reduction in grade.  “Coercion” is being constrained or compelled to do some-
thing  one  would  not  otherwise  do,  and  is  not  the  same  thing  as  “duress,”  which  is 
illegal constraint.  Black’s Law Dictionary, Rev. 4th Ed., pp. 324 and 594.  The Board agrees 
with  the  DOT  IG  that  there  is  insufficient  evidence  in  the  record  to  prove  a  nexus 
between the applicant’s “whistleblowing” in October 2001 and his allegedly “coerced” 
retirement. 
 
 
The DOT IG recommended that the Coast Guard retain the applicant on 
active duty until October 1, 2004.  The DOT IG appears to have based this recommen-
dation on a conclusion that the applicant’s chain of command was not fairly and reason-
ably assessing the quality of his work and aptitude for leadership.  The DOT IG found 
that the command had negligently failed to document the applicant’s alleged poor per-
formance until October 7, 2002, and then prepared Page 7s with inaccuracies.  The DOT 
IG  also  found  that  the  applicant’s  command  bungled  their  efforts  to  document  the 
applicant’s  poor  performance  and  leadership  and  employed  dubious  tactics,  such  as 
preparing a second final E-6 performance evaluation, soliciting negative input from the 
applicant’s  subordinates,  basing  his  E-7  evaluation  on  conduct  that  presumably 
occurred  at  least  in  part  during  the  prior  evaluation  period,  and  preparing  Page  7s 
based  on  “unverified”  information.    The  DOT  IG  also  suggested  that  the  command 
should  have  sent  the  applicant  to  a  leadership  course  before  removing  him  from  the 
Communications Center and negatively evaluating his performance. 
 
 
The record before the Board indicates that the command’s primary com-
plaint about the applicant’s performance—and the cause for the removal of his access to 
classified material first on June 7, 2002, by CAPT Y and later by CAPT Z—was a lack of 
credibility on the part of the applicant.  The applicant apparently told many “tall tales” 
about himself that caused both superiors and subordinates to distrust him and to doubt 
his  veracity.    Moreover,  the  alleged  lack  of  veracity  carried  over  into  the  applicant’s 
communications  about  official  work  matters.    On  June  7,  2002,  CWO  X  stated,  the 
“straw that broke the camel’s back” was an inaccurate claim by the applicant to LCDR X 
that he had worked eleven days in a row and so deserved a day off.  The applicant later 
denied having made this claim and accused LCDR X of deliberately misinforming CWO 
X.    The  DOT  IG  did  not  support  the  applicant’s  allegation  that  LCDR  X  had  lied but 
noted  that  there  could  have  been  some  miscommunication  about  what  the  applicant 
claimed.  However, in supporting a mark of 2 for the performance category “Integrity” 

10. 

on the applicant’s E-7 performance evaluation, CWO X wrote that when the applicant 
was challenged on the truthfulness of his claims, “he routinely would deflect responsi-
bility by claiming miscommunication, misunderstanding or claim the person doubting 
him  to  be  lying.    This  continued  behavior  has  led  to  a  total  loss  of  confidence  in  his 
credibility and resulted in an administrative suspension of his security clearance.” 
 
 
The DOT IG unaccountably dismissed the applicant’s “tendency to embel-
lish stories,” which “was mentioned by every person interviewed,” as an “eccentricity” 
of his personality and “method[] of engaging people in conversation.”  Therefore, the 
DOT  IG  essentially  ignored  claims  by  the  applicant’s  chain  of  command  that  this 
“tendency” carried over into the applicant’s communications about official work mat-
ters and concluded that the command’s actions against the applicant were due primar-
ily to “personality conflicts” rather than to a critical lack of credibility on the part of the 
applicant.    Although  the  applicant’s  command  negligently  delayed  documenting  the 
applicant’s “tendency” in his record and later, as the DOT IG and the Coast Guard’s IO 
found, employed some dubious tactics to document his performance, the delay and the 
tactics  do  not  actually  disprove  the  command’s  claims  about  the  applicant’s  lack  of 
veracity, integrity, and leadership in the performance of his duties.  CAPT Z stated to 
CRCL  that  the  applicant  once  falsely  reported  having  heard  a  “mayday”  call  on  the 
radio.  The Board notes that Group Xxxxx’s problems with the applicant’s lack of trust-
worthiness echoed the complaints of the applicant’s prior command in Xxxxxxx, which 
entered a Page 7 in his record with the following assessment: 
 

[The  applicant]  has  an  overwhelming  competitive  attitude  which  leads  to  exaggerated 
statements  and  reckless  guesses  which  he  exhibits  in  day-to-day  situations  at  the  unit.  
[His] continued exaggeration has been so intense that his subordinates question his vera-
city in the most mundane issues.  Such a reputation does not breed respect and diminish-
es his credibility.  [He] does not always express his thoughts clearly and logically and this 
has been evident through his dealings with his chain of command.  [He] never takes any 
responsibility  for  his  actions  and  seems  to  have  a  hard  time  adjusting  and  supporting 
decisions  of  his  seniors.    At  times  [he]  demonstrates  fine  technical  skills  but  has  not 
exhibited the leadership skills necessary for advancement to Chief Petty Officer. 

11. 

 
 
Therefore,  the  Board  finds  that  although  the  applicant’s  command 
delayed  documentation  of  his  deficiencies  and  may  have  employed  dubious  tactics 
when finally preparing such documentation, the preponderance of the evidence in the 
record  strongly  supports  the command’s assessment of the applicant’s credibility and 
CAPT Y’s and CAPT Z’s separate decisions to remove his access to classified materials. 
 
12.  Without  access  to  classified  materials  and  the  trust  of  his  chain  of  com-
 
mand, the applicant could not perform the duties of a TCC and TCIC.  Therefore, the 
Board finds that it was not unreasonable for the command to inform the applicant in the 
second  Page  7  dated  October  7,  2002,  that  they  might  seek  a  reduction  in  rate  if  he 
remained on active duty without improving.  Although the DOT IG opined that leader-
ship  training  might  have  helped  the  applicant,  this  possibility  does  not  persuade  the 

13. 

Board that the command committed an error or injustice in denying the applicant access 
to classified materials. 
 
The  DOT  IG  found  that  when  the  applicant  was  returned  to  the  Com-
 
munications Center for a few weeks in October 2002, he was “set up to fail” because his 
subordinates  were  told  they  did  not  have  to  follow  his  orders.   However, the second 
Page  7  dated  October  7,  2002,  states  that  the  applicant  was  not  being  returned  to  the 
Communications  Center  in  a  supervisory  position.    In  that  Page  7,  the  applicant  was 
told that he would not have “supervisory contact” with subordinates in the Communi-
cations  Center  and  that  he  would  be  assessed  on  his  performance  of  assigned  tasks, 
veracity,  and  professionalism.    Therefore,  since  the  applicant  was  not  supposed  to  be 
exercising authority over any staff members at the Communications Center, the Board 
does  not  agree  that,  by  informing  that  staff  of  this  fact,  the  chain  of  command  was 
setting him up to fail while on probation.  The Page 7 advised the applicant that if he 
properly  performed  his  assigned  tasks  and  displayed  veracity  and  professionalism 
while on probation, he would later be given supervisory responsibilities.  Informing the 
staff of his status while on probation could not and should not have stopped the appli-
cant from properly performing his assigned tasks and displaying veracity and profes-
sionalism.  Therefore, the Board disagrees with the DOT IG’s assessment that in October 
2002 the applicant was “set up to fail” his probation. 
 
 
The applicant made numerous allegations with respect to the actions and 
attitudes  of  various  members  of  his  chain  of  command.    Those  allegations  not  speci-
fically addressed above are considered to be not dispositive of the case. 
 

14. 

15.  Given the possibility that his command might decide to seek a reduction 
in rate, the applicant may certainly have felt coerced to submit his requests for earlier 
retirement dates.  However, he has not shown that the command committed any error 
or injustice by informing him of the likelihood of such an event.  The record before the 
Board indicates that his command had very sound reasons for doing so even though the 
documentation of those reasons was not entirely accurate or properly prepared.   

The  Board  notes  that  the  DHS  Office  of  Civil  Rights  and  Civil  Liberties 
concluded that the command did not create a “hostile work environment” for him; that 
the  command’s  actions  were  not  the  result  of  unlawful  discrimination;  and  that  the 
applicant  was  not  constructively  involuntarily  discharged.    The  Board  also  notes  that 
CGPC  delayed  the  applicant’s  retirement  date  from  February  1,  2003,  until  August  1, 
2003, so that the investigation of his allegations could be completed. 

 
16. 

 
17. 

The Board finds that the applicant has not proved by a preponderance of 
the evidence that his retirement on August 1, 2003, was an error or injustice.  Although 
the investigations revealed a few inaccuracies in the Page 7s dated October 7, 2002, the 
great  preponderance  of  the  negative  information  in  those  Page  7s  has  not  been  dis-
proved.    The  applicant  has  not  proved  that  his  command’s  decisions  to  remove  his 

access to classified material and to inform him of the likelihood that they would seek a 
reduction in rate if he did not retire were unreasonable, unfounded, or unfair. 

 
18.  Accordingly, the applicant’s request should be denied. 

 
 
 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

ORDER 

 
 
military record is denied. 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 Philip B. Busch 

 

 

 
 Dorothy J. Ulmer 

 

 

 
 Richard Walter 

 

 

 

 

 

 

 

 

 

 

The application of xxxxxxxxxxxxxxxxxxxxx, USCG (Retired), for correction of his 

No copy of this decision shall be retained in his personal data records. 

  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



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  • CG | BCMR | OER and or Failure of Selection | 2005-030

    Original file (2005-030.pdf) Auto-classification: Denied

    From June 8, 2000, to September 11, 2002, he was the air station’s Communications Officer and Command Security Officer (CSO), and as such was responsible for the security of the unit’s classified materials and head of the Communications Division, which consisted of himself and one petty officer. The applicant’s OER for the period, June 1, 2000, to May 31, 2001, shows that in addition to these collateral duties and his primary service as a first pilot and operations duty officer, the...

  • CG | BCMR | Advancement and Promotion | 2002-004

    Original file (2002-004.pdf) Auto-classification: Denied

    The applicant alleged that when the CWO finally responded, he again stated that he should not have a problem paying the rent, so the applicant sent him an email reiter- ating his unusual financial predicament. VIEWS OF THE COAST GUARD On March 19, 2002, the Chief Counsel of the Coast Guard submitted an advisory opinion recommending that the Board grant the applicant’s request. In it, CGPC laid out the facts of the case and stated that “[a]fter a thorough review of applicant’s record and...

  • CG | BCMR | Enlisted Performance | 2004-036

    Original file (2004-036.pdf) Auto-classification: Denied

    This final decision, dated September 9, 2004, is signed by the three duly APPLICANT’S REQUEST The applicant asked the Board to correct her military record by removing (1) an administrative remarks (page 7) page that terminated her eligibility period for a Good Conduct award, (2) a page 7 documenting her First Alcohol Incident, and (3) an unsatisfactory conduct mark on her performance evaluation for the period ending December 30, 2002. A third individual received a page 7 documenting an...

  • CG | BCMR | OER and or Failure of Selection | 2011-201

    Original file (2011-201.pdf) Auto-classification: Denied

    On January 26, 2009, the CO sent a memorandum to the Commander, Coast Guard Personnel Command (CGPC), with the applicant listed as an addressee, recommending that the applicant’s promotion be delayed due to his poor judgment in making inappropriate and disrespectful comments toward a pregnant enlisted member on two separate occasions.1 The letter also noted that the applicant failed to complete human relations/sensitivity training despite 1 Article 5.A.13.f.1. The reporting officer...

  • CG | BCMR | OER and or Failure of Selection | 2001-014

    Original file (2001-014.pdf) Auto-classification: Denied

    He alleged that the error must have caused his failure of selection in because, after the Personnel Records Review Board (PRRB) corrected the reviewer’s comment page of the OER in July 2000, he was selected for promotion by the next LCDR selection board to consider his record. Although CGPC alleged that the electronic record still contained the uncorrected comment page long after the selection board met, no explanation was provided as to how the correction could not have been executed when...

  • CG | BCMR | OER and or Failure of Selection | 2004-179

    Original file (2004-179.pdf) Auto-classification: Denied

    The applicant alleged that in March 2003, she received an email from the Coast Guard Personnel Command stating that an OER was due for her for the period ending May 31, 2003. Moreover, she alleged, during those four months, LCDR X, who assumed LCDR K’s billet on July 1, 2003, acted as her supervisor on several occasions instead of CDR S. The applicant further argued that if the alteration of her rating chain was legiti- mate due to LCDR K’s alleged unavailability, then the end date of her...