The Coast Guard just released the Good Order and Discipline (GOAD) Report covering the second quarter of fiscal year 2024. You can read this and previous GOADs here.
In this article, we’ll pull out five examples from the GOAD and unpack the terminology used to get a better understanding of what accountability looks like. We’ll also explore the likely secondary and tertiary impacts to members and their careers from these administrative and disciplinary actions.
Scenario #1
An O-4 was removed from their primary duties as Executive Officer of a medium endurance cutter for creating a poor and hostile work environment. Member did not display the necessary emotional intelligence or judgment to successfully perform the duties and responsibilities expected of their position and grade. Member was removed from the command cadre position and reassigned to an administrative role.
In policy: “Removed from their primary duties” means the O-4 was Relief of Primary Duties (RPD). All officers are assigned to positions accompanied by a set of primary duties. Under exceptional circumstances, normally due to the officer’s inability to adequately perform those duties, the officer may be formally removed from his/her primary duties and transferred to another permanent duty station.
And then: RPDs require a derogatory OER (officer evaluation report) which is an OER that indicates the reported-on officer has failed in the accomplishment of assigned duties. An RPD and a derogatory OER are each a trigger for Personnel Service Center (PSC) to consider convening a Special Board.
That means: Following disciplinary and administrative accountability actions at the local level, commands must inform PSC of an officer’s misconduct or other failure to meet standards. Officer Personnel Management Division (OPM) then holds a Special Board to consider that officer’s suitability for retention as a commissioned officer. Special Boards are also held to consider removing an officer from a promotion list, determining the highest grade satisfactorily held, and termination of an active-duty contract for a Reservist.
Scenario #2
An O-2 had their temporary appointment vacated at an administrative Special Board and was reverted to their permanent enlisted status after failing to fulfill the duties and responsibilities expected of a junior officer. Additionally, there were documented instances of substandard conduct and performance, including reports of substantiated harassing behavior, a period of unauthorized absences, failure to adhere to uniform standards, failures to adhere to policy protecting personally identifiable information, and earn qualifications within specified and acknowledged timeframes. The O-2’s commission was vacated, and the member reverted to their permanent enlisted status. The case was sent to Enlisted Personnel Management Division (EPM) for consideration of administrative separation.
In policy: Enlisted members (E-5 or above with four of more years of service) who graduate Officer Candidate School receive a temporary commission. Officers hold this probationary commission for three years while retaining permanent status as enlisted members or warrant officers. Vacated commission means the removal of an officer’s temporary commission.
A little deeper: Because this member’s temporary commission was vacated, they reverted to their enlisted status. If they have more than eight years of total service, they would be entitled to an Administrative Separation Board before being involuntarily separated.
That means: Administrative Separation Boards assess an enlisted member's fitness to continue to serve in the Coast Guard. They are convened for enlisted members who:
- have more than eight years of service and facing involuntary separation for unsatisfactory performance, unsuitability, or misconduct;
- have more than eight years of service and are eligible but not recommended for reenlistment; or
- recommended for an Other than Honorable characterization of service.
Scenario #3
An O-1 had their commission revoked at an administrative Special Board after being removed from their primary duties for engaging in harassing behavior including offensive racist and homophobic comments towards subordinates. The member also received non-judicial punishment (NJP) for Art. 133, Conduct Unbecoming an Officer, after urinating (multiple times) in a bottle while operating a government vehicle with subordinates present. Member received a General – Under Honorable Conditions characterization and Separation Program Designator (SPD) code of Unacceptable Conduct. Having failed to fulfill Coast Guard Academy obligated service requirements, the member is required to repay the cost of Academy tuition plus expenses.
In policy: Coast Guard Academy graduates receive a permanent commission. Revoked commission means the removal of an officer’s permanent commission. There are five types of separations applicable to officers: (1) Honorable, (2) General – Under Honorable Conditions, (3) Other than Honorable, (4) Dismissal, and (5) Uncharacterized. A Dismissal is equivalent to a dishonorable discharge (applicable to enlisted members) and can only be granted at a court-martial.
A little deeper: Because the member received a General – Under Honorable Conditions separation, they are not eligible for the Veterans’ Affairs GI Bill. Additionally, failing to complete obligated service requirements means member must repay their Coast Guard Academy tuition and expenses. Each repayment calculation is done individually based on creditable time and many other factors. However, the Academy’s education is currently valued at more than $280,000.
Scenario #4
An E-7 was temporarily Relieved for Cause and issued a negative Page 7 for engaging in harassing behavior towards a pregnant subordinate. The member confronted the subordinate in an aggressive manner and gave a lower evaluation mark for directly communicating with the CO on a sensitive medical issue. The member also made comments aimed at blaming the subordinate for extra work for others due to the pregnancy, encouraging animosity towards the subordinate by the rest of the crew. The permanent RFC pends.
In policy: Relief for Cause (RFC) is the administrative removal of a commanding officer (CO), officer in charge (OIC), executive petty officer (XPO), engineer petty officer (EPO), or a designated full-time command master/senior chief (CMC/CSC) because their performance or conduct adversely affects their unit’s morale, good order and discipline, and/or mission performance. One of the most significant administrative measures taken against a member in command, an RFC usually has a significant adverse impact on the member’s future Coast Guard career, particularly on their promotion, advancement, duty and special assignments, and selection for schools. (Read more in 1.F.1.d of the Military Assignments and Authorized Absences Instruction.)
A little deeper: The basis for all RFCs is the loss of confidence in the member’s judgment and ability. There are two root causes for the loss of confidence: unsatisfactory conduct and unsatisfactory performance.
Scenario #5
An E-4 was convicted at a special court-martial of assault consummated by a battery under Article 128, UCMJ, for unlawfully touching the upper leg of another member. The member was sentenced to reduction to E-1 and confinement for 21 days. For more, see the publicly accessible court record.
New in the GOAD: In compliance with a Congressional mandate, the Coast Guard provides public access to certain portions of court-martial records once the trial has concluded. This information is made available through a website managed by the Navy. The GOAD now links to the relevant court records, provided they are available. Under Department of Defense standards, cases involving acquittals on all charges are not typically posted.
A little deeper: A conviction at a special court-martial, as in this case, is often equated to a federal misdemeanor conviction. As such, this conviction could have serious long-term impacts, such as future employment opportunities.
The third quarter 2024 GOAD will be released this winter.
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