CG | BCMR | Discharge and Reenlistment Codes | 2007-051
Prior to filing his application with the Board, the applicant submitted a request to the Coast Guard’s Discharge Review Board (DRB)5 for an upgrade of his character of service from “general” to “honorable.” On June 6, 2006, the DRB denied the applicant's request, stating that 2 In its advisory opinion, the Coast Guard noted that the threshold for THC is 15 ng/ml. of the Manual states that “[i]f after completing the investigation described in Article 20.C.3, the commanding officer determines...
CG | BCMR | Discharge and Reenlistment Codes | 2007-076
When SN P told the applicant what SN C had said, the appli- cant denied that SN C had ever complained to him about his behavior. The applicant alleged that on January 14, 2004, he was wrongfully awarded NJP for sexual harassment even though he never sexually harassed SN C. Apart from the applicant’s own claim that he never sexually harassed SN C, the only evidence in the record that somewhat supports his denial is SN P’s stated perception that SN C enjoyed some of the inappropriate 2 Arens...
CG | BCMR | Discharge and Reenlistment Codes | 2007-095
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. This final decision, dated October 25, 2007, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former damage controlman third class (DC3; pay grade E-4) who served nearly three years in the Coast Guard before being discharged in 1983 for misconduct (marijuana use), asked the Board to correct his...
CG | BCMR | Discharge and Reenlistment Codes | 2007-122
Also on April 14, 2005, the Coast Guard Personnel Command (CGPC) approved the applicant’s request for separation, and the applicant received an OTH discharge on May 12, 2005. The applicant stated that the Coast Guard may argue that even if SK1 O’s statement had been sent to his counsel, the Coast Guard would still have taken action against him, but the out- come of such proceedings cannot now be known because LT S, the trial counsel, failed to dis- close the exculpatory evidence to the...
CG | BCMR | Discharge and Reenlistment Codes | 2007-131
The JAG argued that the applicant has failed to show by a preponderance of the evidence why it is in the interest of justice to excuse his fifty-five year delay in filing an application with the Board within three years of his discharge from the Coast Guard. The JAG stated that the applicant has failed to present sufficient evidence to support his claim that the Coast Guard committed an error by discharging him with a BCD awarded to him by a special court-martial sentence for a 66 day...
CG | BCMR | Discharge and Reenlistment Codes | 2007-135
The applicant further argued that SN A’s CGIS statement was not credible because it contained inconsistencies with her subsequent statement to the PIO or with the statements of the other witnesses. She stated that she saw 3. SN B who was allegedly involved in homosexual acts with the applicant stated to CGIS that SN A was attracted to the applicant, but the applicant was not interested.
CG | BCMR | Discharge and Reenlistment Codes | 2007-144
CGPC stated that even if the Board waives the statute of limitations, relief should be denied because a “complete review of the applicant’s record does not reveal an error or injustice with regards to his processing for separation.” CGPC stated that the applicant’s bad conduct discharge was part of his sentence upon conviction of several serious offenses and that the Commandant denied clemency upon review and ordered that the BCD be executed. Given that the BCD was part of the applicant’s...
CG | BCMR | Discharge and Reenlistment Codes | 2007-145
This final decision, dated March 13, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to upgrade his RE-4 (not eligible for reenlistment) reenlistment code to RE-1 (eligible for reenlistment) so that he can reenlist in the Army National Guard. The same day, the applicant signed a page 7 entry acknowledging his unsuitability discharge and his RE-4 reenlistment code. Therefore, the applicant knew or should have known of the...
CG | BCMR | Discharge and Reenlistment Codes | 2007-155
Regarding the other DVA disability [rating] for tendonitis of his right shoulder, the applicant’s record does not support that he suffered any inability to perform his duties, other than temporarily during period of rehabilitation as noted in his medical record.” CGPC noted that although the applicant twice complained of a right shoulder strain while on active duty, at the time of his separation physical examination, he did not complain of current shoulder pain and he met the physical...
CG | BCMR | Discharge and Reenlistment Codes | 2007-165
Separation Code Reenlistment Code Narrative Reason JPD RE-4 Alcohol Rehabilitation Failure DRB Recommendation Article 12.B.12. states that following a first alcohol incident, the member is counseled about the Coast Guard’s alcohol policies and the counseling is documented on a Page 7 in the member’s record. As a result of the Vice Commandant’s action on the DRB’s recommendation, the applicant now has a JNC separation code for unacceptable conduct, “Unsuitability” as his narrative reason...
CG | BCMR | Discharge and Reenlistment Codes | 2007-177
This final decision, dated April 30, 2008, is approved and signed by the three duly APPLICANT'S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record by upgrading his 1988 under honorable conditions discharge to an honorable discharge. • On April 18, 1988, the applicant was discharged pursuant to Article 12.B.18 of the Personnel Manual with a general discharge, a KHA separation code, and an RE-4 reenlistment code. Therefore, CGPC recommended upgrading the applicant’s...
CG | BCMR | Discharge and Reenlistment Codes | 2007-200
unsuitability due to a personality disorder with an RE-4 reenlistment code. Article 12.B.16 provides for discharge by reason of unsuitability due to personality disorders as listed in the Medical Manual. The applicant’s current request does not challenge his reenlistment code and the Board will not render a decision on it at this time, but will allow the applicant six months from the date of this final decision to request a review of his reenlistment code.
CG | BCMR | Discharge and Reenlistment Codes | 2007-202
On July 10, 1984, the CO informed the applicant that the CO intended to recommend that the applicant be honorably discharged from the Coast Guard by reason of unsuitability due to personality disorder. On July 28, 1984, the Commandant directed that the applicant be discharged from the Coast Guard by reason of unsuitability. The Board notes that the applicant’s request is for a correction to his record to show that he served on active duty for 24 months so that he is eligible for DVA benefits.
CG | BCMR | Discharge and Reenlistment Codes | 2007-211
of the Personnel Manual states that a member involved in a drug incident will be processed for separation with no higher than a general discharge. The CO noted that the applicant was incarcerated at the Maryland Correctional Adjustment Center and that he had been indicted on various drug and gun charges.2 On July 19, 2004, CGPC directed that the applicant be discharged under other than honorable conditions by reason of misconduct due to involvement with drugs under Article 12.B.18. ...
CG | BCMR | Discharge and Reenlistment Codes | 2007-216
I understand that if this request is approved I will receive a discharge under other than honorable conditions. On October 17, 1991, the Commandant approved the applicant’s discharge under other than honorable conditions for the good of the Service. There is no evidence in the record that the Coast Guard ever promised the applicant anything but a discharge under other than honorable conditions in lieu of re- sentencing hearing.
CG | BCMR | Discharge and Reenlistment Codes | 2007-221
He asked that his narrative reason for separa- tion be changed to “honorable.” On March 27, 2003, after reviewing the record, the DRB concluded that the applicant was not suitable for service in the Coast Guard but might be able to serve in another Service under circumstances where claustrophobia is not an issue. Instead, the Medical Manual and the DSM classify such phobias as anxiety disorders or panic disorders, which are not personality disorders.9 Because the applicant was never...
CG | BCMR | Discharge and Reenlistment Codes | 2008-021
… Applying today’s standards, it is unlikely the applicant would be awarded a discharge with a character of service any higher than his current General discharge.” CGPC stated that the applicant’s repeated mis- conduct contradicts his claim to having an “otherwise satisfactory record” and that his General discharge is not “unjust or disproportionate for his offenses and service.” APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD On March 16, 2008, the applicant responded, stating that he...
CG | BCMR | Discharge and Reenlistment Codes | 2008-042
The military record indicates that the applicant enlisted in the active duty Coast Guard on April 2, 2002. I have had difficult times at Station [G] with the command, and respectfully request a change in rate. While the applicant’s negative behavior and performance would support an RE-4 reenlistment code, the Board finds that the RE-3G is the more appropriate code because it recognizes that the applicant’s discharge was the result of a specific phobia condition that interfered with...
CG | BCMR | Discharge and Reenlistment Codes | 2008-082
On March 2, 2001, the applicant’s Commanding Officer entered a Page 7 in his record noting that an investigation had revealed that the applicant had violated the cutter’s telephone On February 1, 2001, the applicant received another unsatisfactory performance evalua- and computer rules many times. CGPC stated that even if the Board waives the statute of limitations, relief should be denied because a “complete review of the applicant’s record does not reveal an error or injustice with...
CG | BCMR | Discharge and Reenlistment Codes | 2008-086
He stated that despite their recommendations, the District Commander viewed the applicant’s misconduct as three separate drug incidents and recommended that he not receive a second chance. states that, if a commanding officer determines that a drug incident has occurred, he or she “will process the member for separation by reason of misconduct” under Article 12.B.18.” Article 12.B.18.b.4.a. 2007-095, 2007-051, 2004-183, 2004-169, 2003-114, 2002-044, wherein the Board denied applications...
CG | BCMR | Discharge and Reenlistment Codes | 2008-087
The Commandant denied the applicant’s appeal of the CO’s determination that he was not recommended for reenlistment. The JAG further stated the following: [Commander, Coast Guard Personnel Command’s (CGPC)] thorough review of the applicant’s service record did not reveal any evidence to support Applicant’s claim. of the Personnel Manual stated that the appeal of an RE-4 reenlistment code delayed the discharge of a member with less than 8 years of service.
CG | BCMR | Discharge and Reenlistment Codes | 2008-103
SUMMARY OF APPLICANT’S REQUEST FOR RECONSIDERATION In his request for reconsideration, the applicant argued that his administrative discharge was erroneous and unfair because (a) he should have been processed for a physical disability separation under the Coast Guard’s physical disability evaluation system (PDES) because he had been diagnosed with a compulsive overeating disorder since 1995 and had also suffered from 1 The Final Decision and case file for BCMR Docket No. Failure to...
CG | BCMR | Discharge and Reenlistment Codes | 2008-117
APPLICABLE REGULATIONS Under Chapter 12-B-4 of the Coast Guard Personnel Manual in effect in 1953, members could receive an Honorable discharge if (a) they were never convicted by a general court-martial and were convicted not more than once by a special court-martial and (b) their final average marks were at least 2.75 for proficiency in rating and 3.25 for conduct. Members could receive a General discharge if they had been convicted only once by a general court-martial or more than once...
CG | BCMR | Discharge and Reenlistment Codes | 2008-127
However, CGPC stated, the applicant was not diagnosed with a personality disorder, but with an adjustment disorder. of the Personnel Manual, and the separation code to JFV when the diagnosis of personality disorder was absent, uncertain, or not supported by inappropriate behavior.6 In this case, CGPC recommended that the Board correct the applicant’s DD 214 to show separation code JFV and Article 12.B.12. Accordingly, the applicant’s DD 214 should be corrected to show “Condition, Not a...
CG | BCMR | Discharge and Reenlistment Codes | 2008-160
This final decision, dated April 16, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who received a general discharge under honorable conditions from the Coast Guard on August 12, 1988, for illegal drug abuse, asked the Board to correct his record by upgrading his discharge to honorable. On June 14, 1988, the applicant’s command notified him that, based on the results of the urinalysis, he was “being recommended for discharge … by reason of...
CG | BCMR | Discharge and Reenlistment Codes | 2009-003
CGPC noted that the application was submitted untimely and that the applicant “provided no justification for the delay in filing.” CGPC stated that the applicant’s request should be denied based on its untimeliness and lack of merit. CGPC stated that the work that the applicant was assigned, which he attributed to preju- dice, “is not inconsistent with work typically assigned to non-rated personnel or personnel of his pay grade.” CGPC also noted the applicant’s disciplinary problems while...
CG | BCMR | Discharge and Reenlistment Codes | 2009-010
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 submissions, and applicable law: The Board has jurisdiction concerning this matter pursuant to section 1552 of title 10 of the United States Code. Up until April 6, 1944, a member appar- ently qualified for an Honorable discharge if, like the applicant, he was discharged for the con- venience of the Government; he had “[n]ever...
CG | BCMR | Discharge and Reenlistment Codes | 2009-035
10 of the United States Code. In 2004, the applicant was honorably discharged from the Coast Guard by reason of unsuitability, with a JFX (personality disorder) separation code, and an RE-4 reenlistment code. The applicant’s challenge to his discharge by reason of personality disorder has been rendered moot because the Vice Commandant’s final action on his DRB application changed the separation code, and therefore, the reason for his separation from JFX (personality disorder) to JNC...
CG | BCMR | Discharge and Reenlistment Codes | 2009-044
In support of this allegation, the applicant submitted several entries from his medical record. Therefore, your request for hardship discharge is again disapproved.” 6. In addition, although the Commandant denied the applicant’s request for a hardship discharge the Coast Guard attempted to assist the applicant with his situation by approving his mother as his dependent making him eligible for BAQ and by offering the applicant and his mother housing on Governor’s Island.
CG | BCMR | Discharge and Reenlistment Codes | 2009-048
After MKC W refused to discuss the matter with him, the applicant initiated his EEO complaint about MKC W. The ROI states that the applicant alleged that he was punished at mast for violating the no-contact order, but he had only done so after both MKC W and the XO told him that the order would be dropped and there would be no problem communicating with his wife. [He] was recommended for discharge by his Commanding Officer in April 2007. The applicant alleged that the negative Page 7s...
CG | BCMR | Discharge and Reenlistment Codes | 2009-053
This final decision, dated September 10, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who received a General discharge under honorable conditions from the Coast Guard on May 19, 1988, for illegal drug use, asked the Board to upgrade his General dis- charge to Honorable and to issue him an Honorable discharge certificate. On August 17, 1984, he signed a Page 7 (form CG-3307) acknowledging having been counseled about the fact that the...
CG | BCMR | Discharge and Reenlistment Codes | 2009-056
On November 9, 1988, the OIC informed the applicant that the OIC was recommending that the applicant be discharged from the Coast Guard by reason of unsuitability due to financial irresponsibility. PSC further stated the following: A review of the applicant’s record supports that the Coast Guard complied with policies for processing individuals for financial irresponsibility. As indicated by the OIC’s letter to the Commandant requesting the applicant’s discharge, the applicant was...
CG | BCMR | Discharge and Reenlistment Codes | 2009-061
The applicant’s discharge was approved and she was discharged from the Coast Guard with an honorable discharge by reason of unsuitability due to a personality disorder, with a JMB separation code and an RE-4 reenlistment code. A medical entry dated July 25, 1991, shows that the deltoid strain had resolved and that processing her for discharge should continue.2 The applicant asserted that the medical documentation that she submitted verifies that she was informed that her discharged was due...
CG | BCMR | Discharge and Reenlistment Codes | 2009-083
On June 1, 1976, the applicant was transferred from the BURTON ISLAND to Coast 1. I would further ask that should you feel that I should indeed be discharged from the Coast Guard, that my discharge be an Honor- able one rather than a General discharge. On November 17, 1976, the base Executive Officer noted that the applicant had refused to sign his discharge papers and so he told the applicant that if he did not agree with his dis- charge, he “had the right to appeal to the Board of...
CG | BCMR | Discharge and Reenlistment Codes | 2009-096
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. While his military record contains many medical records, there is no record of any injury aboard a ship or of any hospitali- zation for such an injury. of the current Personnel Manual, it is possible that a member today who had, like the applicant, been AOL for more than nine months after previously having been AWOL for about four months,...
CG | BCMR | Discharge and Reenlistment Codes | 2009-103
states that in determining whether a drug incident occurred, a commanding officer should consider all the available evidence, including positive confirmed urinalysis test results, any documentation of prescriptions, medical and dental record, and chain of command recommendations. Yet, as evidenced by the applicant’s discharge, the CO determined that the applicant had been involved in a drug incident and recommended his discharge from the Coast Guard, which required the approval of the...
CG | BCMR | Discharge and Reenlistment Codes | 2009-106
In this regard, the Board notes that the number for an “Adjustment Disorder with depressed mood” is 309.0; the number for an “Unspecified Mental Disorder (non-psychotic)” is 300.9; and the num- ber for a “Personality Disorder, not otherwise specified” is 301.9. However, the discharge notification dated June 20, 1980, strongly supports his claim that his command told him he was being discharged due to a general lack of adaptability, and the August 6, 1980, psychiatric note and the very...
CG | BCMR | Discharge and Reenlistment Codes | 2009-112
He was pre- scribed Darvon.4 On October 20, 1971, a medical officer in Long Beach stated that the applicant had been prescribed Valium at the U.S. Public Health Service Hospital in San Pedro on October 18, 1971, and had gone to the Naval Hospital REPOSE Annex in Long Beach the next day and was again 2 Benadryl, a brand name for the generic drug diphenhydramine, is prescribed for insomnia. The applicant denied having any pre-existing mental condition when he enlisted in the service and noted...
CG | BCMR | Discharge and Reenlistment Codes | 2009-115
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. of the Personnel Manual “for misconduct due to his conviction and sentence for involuntary homicide.” He noted that the applicant was not entitled to an Adminis- trative Discharge Board because he had less than eight years of military service. of the Personnel Manual, Commander, CGPC may order the separation of a member for misconduct if the...
CG | BCMR | Discharge and Reenlistment Codes | 2009-129
This final decision, dated May 13, 2010, is approved and signed by the three duly APPLICANT’S REQUEST The applicant, who received a discharge under other than honorable (OTH) conditions on January 29, 1992, asked the Board to correct his record by upgrading his discharge to honorable. 14 U.S. COAST GUARD, COMDTINST M1000.6, COAST GUARD PERSONNEL MANUAL (Change 27, 1986). The Board finds that the applicant has not proved that the Coast Guard committed any error or injustice in considering...
CG | BCMR | Discharge and Reenlistment Codes | 2009-137
The applicant enlisted in the Coast Guard on March 17, 1992 and was honorably discharged on April 15, 1992, by reason of convenience of the government due to erroneous enlistment (preexisting medical condition), with a JFC1 separation code and an RE-3E2 reenlistment code. .” On April 10, 1992 a medical board recommended that the applicant be discharged from the Coast Guard due to bilateral tibial stress fractures. Although the applicant was discharged in 1992 and received a DD Form 214...
CG | BCMR | Discharge and Reenlistment Codes | 2009-138
appointed members who were designated to serve as the Board in this case This final decision, dated December 18, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his discharge form DD 214 to reflect the fact that on February 27, 1993, he was released from active duty (RELAD) into the Reserve instead of being discharged. SUMMARY OF THE RECORD On May 16, 1988, the applicant signed a Statement of Understanding in which...
CG | BCMR | Discharge and Reenlistment Codes | 2009-144
(2) of the Coast Guard Personnel Manual provides that a member may receive a general discharge “[w]hen based on the individual’s overall military record or the severity of the incident(s) which results in discharge, Commander, (CGPC-epm-1) directs issuing a general discharge.” On June 21, 2002, the applicant received a general discharge “under honorable condi- tions” for misconduct with an RE-4 reenlistment code (ineligible for reenlistment). If the member requests counsel and one is not...
CG | BCMR | Discharge and Reenlistment Codes | 2009-145
Discharge Proceedings On December 28, 2000, the applicant’s commanding officer (CO) advised the applicant that the CO was recommending that the Commandant discharge the applicant from the Coast Guard under honorable conditions due to a drug incident. On January 9, 2001, the CO recommended that the Commandant discharge the applicant with a general discharge due to a drug incident. Discharge Review Board (DRB) Decision Prior to filing his application with the BCMR, the applicant submitted an...
CG | BCMR | Discharge and Reenlistment Codes | 2009-146
This final decision, dated February 25, 2010, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who received a general discharge under honorable conditions from the Coast Guard on August 30, 2003, for misconduct, asked the Board to correct his record by upgrading his discharge to honorable. The CO advised the applicant that he was recommending that he receive a general dis- charge but that Commander, Coast Guard Personnel Command (CGPC) would decide...
CG | BCMR | Discharge and Reenlistment Codes | 2009-147
On December 2, 2002, the CO recommended to the Commander, Coast Guard Personnel Command (CGPC) that the applicant be discharged by reason of unsuitability due to an established pattern of shirking and financial responsibility. PSC noted that the application was not timely. The applicant stated that he made mistakes while in the Coast Guard and wants another opportunity to serve in and retire from the Coast Guard.
CG | BCMR | Discharge and Reenlistment Codes | 2009-148
States Code. 1992), the court stated that to determine whether the interest of justice supports a waiver of the statute of limitations, the Board “should analyze both the reasons for the delay and the potential merits of the claim based on a cursory review.” The court further instructed that “the 2 On January 4, 2010, the Board received a DD 149 from the applicant requesting an upgrade of his discharge and reenlistment code. On January 4, 2010, the Board received a new DD 149 from the...
CG | BCMR | Discharge and Reenlistment Codes | 2009-151
APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former seaman who enlisted in the Coast Guard at age 15 on June 19, 1947, and received a general discharge on October 18, 1948, asked the Board to upgrade his general discharge to an honorable discharge. of the current Personnel Manual, a minor dis- charged due to his minority may receive either an honorable or a general discharge pursuant to Article 12.B.2.f. Therefore, CGPSC argued, because under current policy the applicant would have...
CG | BCMR | Discharge and Reenlistment Codes | 2009-172
On December 18, 2001, the applicant’s commanding officer (CO) advised the applicant that the CO was recommending that the Commandant discharge the applicant from the Coast Guard with a general discharge under honorable conditions due to a drug incident. Discharge Review Board (DRB) Decision Prior to filing his application with the BCMR, the applicant submitted an application to the DRB for an upgrade of his discharge. The applicant’s admission that he had used Ecstasy while in the Coast...
CG | BCMR | Discharge and Reenlistment Codes | 2009-173
of the current Personnel Manual, a member being discharged because of homosexuality receives either an honorable or a general discharge “unless aggravating circumstances are included in the findings.” Because there are no aggravating circumstances evident in the applicant’s case, CGPSC recommended that the applicant’s discharge be upgraded to honorable. The applicant’s final average marks met the requirements for an honorable discharge for unfitness.5 Types of administrative discharge are...