DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 
 
BCMR Docket  
No. 2001-076 

 
 
Application for Correction of  
Coast Guard Record of: 
 
xxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxx 
 

FINAL DECISION 

 

 

This final decision, dated March 21, 2002, is signed by the three duly appointed 

 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 
425 of title 14, United States Code.  It was docketed on April 18, 2001, upon the BCMR’s 
receipt of the applicant’s complete application for correction of her military record.   
 
 
members who were designated to serve as the Board in this case. 
 
 
The  applicant  is  xxxxxxxxxxxxxxx  in  the  Coast  Guard.    On  March  9,  xxxx,  the 
applicant received an uncharacterized discharge1 due to an entry level separation, with 
a  JGA  (entry  level  performance  and  conduct)  separation  code  and  an  RE-3L 
reenlistment code (eligible for reenlistment, except for disqualifying factor: entry level 
performance/conduct). The applicant asked this Board to restore her to active duty so 
that she can appear before an administrative discharge board (ADB). She also requested 
back pay and allowances.  The applicant claimed that she was entitled to an ADB prior 
to her discharge because she had the necessary eight years of military service to qualify 
for an ADB.   
 
 
The  applicant  enlisted  in  the  Coast  Guard  for  four  years  on  February 27, xxxx 
and  was  discharged  on  March  9,  xxxx.    She  served  xxxxx  in  the  Coast  Guard.    The 
applicant  stated  that  prior  to  enlisting  in  the  Coast  Guard,  she  had  served 
approximately  xxxxxx  in  the  Army  Reserve.    (Other  than  a  reference  to  her  Army 
service in an alcohol evaluation report, the applicant’s military records do not contain 
any evidence of her Army service.)   

                                                 
1   An uncharacterized discharge is authorized for members separated at entry level who have fewer than 
180  days  of  active  ser  vice  and  demonstrated  poor  proficiency,  conduct,  aptitude  or  unsuitability  for 
further  service  during  the  period  of  enlistment  through  recruit  training.    However, an uncharacterized 
discharge is not to be used for separations due to a disability of for prior service members entering recruit 
training.  See 12.B.20 of the Personnel Manual.   

 
 
 
 
 

SUMMARY OF RECORD AND SUBMISSIONS 

 

 
The applicant’s request for the correction of her military record is based on the 
alleged  failure  of  the  Coast  Guard  to  provide  her  with  an  ADB  hearing  prior  to 
discharging her. 
 
 
Upon  reporting  for  recruit  training,  the  applicant  was  evaluated  for  substance 
abuse.  The evaluation report noted that the applicant had six years of prior service in 
the Army Reserve. The report further stated the following:  
 

[The applicant] states that she first tried beverage alcohol at age 14 (beer; 
got drunk), with regular usage beginning between the ages of 16 and 17 
years.  During this time, member reports drinking 2 times per week, and 
would drink enough to get drunk on each occasion.  At age xx, member 
states that she drank daily, consuming from 1 to 3 beers per occasion (and 
would also consume 7 to 8 beers per occasion 1 time per month).  At age 
24, [the applicant] says that she drank daily, consuming 4 to 5 beers per 
occasion.  During the last 12 months, this pattern has remained the same.  
Member’s  most  recent  consumption  of  alcohol  took  place  the  Monday 
prior to her arrival for basic training (4 to 5 beers).  [The applicant] admits 
that the most alcohol consumed in one episode was 12 beers, and that she 
consumes this amount 1 time per month. 

 
 
The  evaluation  report  also  stated  that  the  applicant  had  tried  other  drugs.  
According  to  the  report,  she  has  suffered  blackouts  and  loss  of  control  as  a  result  of 
alcohol  use.    The  addictions  prevention  specialist,  who  performed  the  alcohol 
evaluation, recommended that the applicant be discharged because of alcohol abuse. 
 
 
On March 6, xxxx, a medical doctor evaluated the applicant.  The doctor stated 
that  the  applicant  met  the  criteria  for  a  diagnosis  of  alcohol  abuse  and  her  future 
prognosis for military duty was poor.  This individual also stated that “[the applicant] 
did not meet the minimum standards for enlistment and retention in the Coast Guard, 
per COMDTINST M6000.1B § 5-B-5.j.” 
 
 
On March 8, xxxx, the applicant was informed that her commanding officer (CO) 
was recommending her discharge from the Coast Guard because of unsuitability due to 
alcohol abuse.  The CO informed the applicant that she was not qualified for enlistment 

because  a  medical  doctor  had  diagnosed  her  as  suffering  from  alcohol  misuse.    He 
further advised her that he recommended that she receive an honorable discharge.  He 
also advised the applicant that she could submit a written statement.  On March 8, xxxx, 
the applicant acknowledged notification of the proposed discharge, waived her right to 
submit a statement, and did not object to the discharge.  (The applicant was offered an 
opportunity to request a waiver for her alcohol abuse but declined to do so.) 
 
 
On March 9, xxxx, an administrative remarks (page 7) entry was placed in the 
applicant’s record documenting her discharge.  It also stated that the applicant had been 
“provided  Certificate  of  Release  or  Discharge  from  Active  Duty  Form  (DD-214)  and 
other  separation  documents  as  required  by  Article  12-B-53  of  the  Personnel  Manual.  
The applicant acknowledged this entry on the same date. 
 
Views of the Coast Guard  
 
 
On  October  16,  2001,  the  Board  received  an  advisory  opinion  from  the  Chief 
Counsel of the Coast Guard recommending that the Board deny the applicant’s request 
for relief.   
 
The Chief Counsel stated that according to the Personnel Manual, a member with 
 
eight  years  or  more  of  military  service  is  entitled  to  a  hearing  before  an  ADB,  if  the 
Coast  Guard  intends  to  discharge  the  member  involuntarily  prior  to  the  end  of  that 
member’s enlistment.  See Article 12.B.5., Personnel Manual.  However, with respect to 
this applicant’s situation, the Chief Counsel stated the following: 
 

 
 
The Chief Counsel stated that the Coast Guard’s failure to offer the applicant an 
opportunity to appear before an ADB was harmless error because her past history of 
drug and alcohol abuse would have resulted in her discharge.  In this regard, the Chief 

When notified of her CO’s decision to process her for discharge  . . . the 
Applicant  never  objected  and  instead  affirmatively  waived  her  right  to 
submit a statement on her behalf.  Based upon these actions, it is evident 
that  the  Applicant  wanted  to  be  discharged.    Now,  months  later, 
Applicant desires to appear before an administrative discharge board and 
receive  back  pay  and  allowances.    If  Applicant  genuinely  opposed  her 
discharge, she should have noted her objections on March 8, xxxx, when 
she  submitted  a  statement  to  her  Commanding  Officer. 
  Instead, 
Applicant did just the opposite and attested that she had no objection to 
being discharged.  Applicant’s request to appear before an administrative 
discharge board should be denied for lack of merit.  By not objecting to 
her  discharge  notification,  Applicant  waived  her 
to  an 
administrative discharge board. 

right 

Counsel noted that the applicant indicated on her enlistment contract that she had not 
engaged in drug use, but during her evaluation for alcohol abuse she admitted that she 
had  used  drugs  prior  to  her  entry  into  the  Coast  Guard.    The  Chief  Counsel  stated 
“[g]iven  the  Coast  Guard’s  law  enforcement  mission  of  drug  interdiction,  if  the 
Applicant  had  disclosed  her  nine  years  of  prior  drug  abuse  when  she  applied  for  a 
Coast Guard enlistment, the Applicant would never have been allowed to enlist into the 
Coast Guard.” 
 
 
The Chief Counsel stated that the applicant’s misrepresentation about her prior 
drug use on her enlistment contract could expose her to a discharge due to misconduct, 
if she were placed before an ADB.  An ADB examines a member’s entire record and “as 
such  the  misrepresentation  that  Applicant  made  in  her  enlistment  documents 
concerning  her  long  term  drug  and  alcohol abuse will certainly be considered by the 
ADB when making its determination on whether the Applicant should be retained in 
the Coast Guard . . ..”   The Chief Counsel stated that since the original basis for the 
discharge is sound, there is no reason to subject the applicant to a probable misconduct 
discharge. 
 
Applicant's Response 
 
 
Coast Guard.  She did not submit a response.  
 

On October 18, 2001, the Board mailed the applicant a copy of the views of the 

 
Article 5-B-5.j. of COMDTINST M6000.1B (Medical Manual) list alcohol abuse as 
a disorder that is disqualifying for appointment, enlistment, or induction into the Coast 
Guard.    This  provision  also  directs  that  a  member  be  processed  for  separation under 
Chapter 20 (Drug and Alcohol Abuse) of the Personnel Manual.   
 
 
Chapter 20.B.2.n. of the Personnel Manual states “Under the Medical Manual  . . . 
members  diagnosed  with  alcohol  abuse  or  alcohol  dependence  within  six  months  of 
enlistment are not physically qualified for enlistment.  If appropriate, unit commanders 
shall  recommend  discharge  under  Article  12.B.16  (unsuitability)  of  the  Personnel 
Manual.”   
 
Article  12.B.31a.  defines  an  administrative  discharge  board  as  a  “fact-finding 
 
body appointed to render findings based on the facts obtained and recommend either 
retention  in  the  Service  or  discharge.    If  recommending  a  discharge,  the  board  also 
recommends a reason for discharge and the type of discharge certificate to be issued.” 
 

APPLICABLE REGULATIONS 

 

 
Article 12.B.32.a. states that both the government and respondent are entitled to 
legal  representation  before  administrative  discharge  boards  that  are  convened  and 
constituted under Article 12.B.31.   
 

FINDINGS AND CONCLUSIONS 

1.  The Board has jurisdiction concerning this matter pursuant to section 1552 of 

 
 
The  Board  makes  the  following  findings  of  fact  and  conclusions  of  law  on  the 
basis of the submissions of the applicant and the Coast Guard, the applicant's military 
record, and applicable law: 
 
 
title 10 of the United States Code.  The application was timely. 
 
 
2.  The Personnel Manual grants Coast Guard service members with eight years 
of military service the right to an ADB hearing in certain instances.  If the applicant had 
the  eight  years  of  military  service,  it  appears  that  she  should  have  been  offered  the 
opportunity  to  have  her  case  heard  by  an  ADB.    The  applicant  has  not  shown  by  a 
preponderance  of  the  evidence  that  she  had  the  necessary  eight  years  of  military 
service.  The only evidence of any previous military service in her Coast Guard record 
is a comment in the alcohol evaluation report that she had served in the Army for six 
years,  not  eight.      She  presented  nothing  from  the  Army  showing  the  length  of  her 
service in the Reserve component of that organization.  Accordingly, the applicant has 
not demonstrated by a preponderance of the evidence that she had the necessary eight 
years of military service to qualify for an ADB.  
 
 
3.  Although ADBs are offered to members with eight years of military service, 
the  members  must  affirmatively  choose  to  appear  before  an  ADB.    The  Board  is 
persuaded that the applicant wanted to be discharged from the Coast Guard and would 
have  chosen  not  to  appear  before  an  ADB,  if  one  had  been  offered.    The  Board  is 
persuaded in this finding because the applicant did not object to her discharge when 
given the opportunity to make a statement in her behalf.  In fact, she waived her right to 
make a statement at all.  If the applicant had wanted to remain in the Coast Guard or 
disagreed  with  the  medical  finding  that  she  suffered  from  alcohol  abuse,  she  would 
have  objected  to  being  discharged  and/or  the  reason  for  discharge  when  given  the 
opportunity to do so.  She has not presented any evidence showing that she would not 
have waived her right to an ADB at the time of her discharge, if one had been offered to 
her.  Nor has she denied that she abused alcohol. 
 
 
4.  Even if the Coast Guard committed an error by not offering the applicant an 
opportunity to appear before an ADB, that error was not prejudicial. The applicant was 
not qualified for service because of alcohol abuse.  Although she could have received an 
honorable discharge, the reason for that discharge would have been listed on the DD 

Form 214 as personal alcohol abuse.2  The uncharacterized discharge she received, with 
the  RE-3L  (eligible  for  reenlistment  except  for  disqualifying  factor:  entry  level 
separation) is much more favorable than one due to personal alcohol abuse even with 
an honorable discharge. 
 
 
5.  Moreover, the applicant could possibly have been processed for discharge due 
to misconduct for fraudulent enlistment based on her denial of drug use, to which she 
later admitted.  The uncharacterized discharge is more favorable than a discharge due 
to misconduct.   
 
 
5.    Technically,  the  applicant  should  not  have  been  discharged  with  an 
uncharacterized  discharge  because  she  had  prior  Army  service.    However,  since  this 
error benefits the applicant, the Board will not act to correct it.  The Board’s policy is to 
make corrections that improve a record not worsen it. The applicant has not presented 
any evidence indicating that she would have received a discharge any more favorable 
than the uncharacterized discharge, even if she had gone before an ADB. 
 
 
requires corrective action.  Accordingly, her request for relief should be denied. 
 

6.  The applicant has failed to demonstrate an error or injustice in this case that 

                                                 
2 The Separation Code and Designator (SPD) handbook authorizes a YPA separation code for a discharge 
by reason of personal alcohol abuse with an RE-4  (not eligible for reenlistment) reenlistment code. 

 

ORDER 

The  application  of  xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx,  USGC  for  correction of 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 
Michael K. Nolan 

 

 

 
Kathryn Sinniger 

 

 

 
Dorothy J. Ulmer 

 

 

 
 

 
 

 
 

 
 

 
 
her military record is denied.