DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2006-007 
 
XXXXXXXXXXXXX  
xxxxxxxxxxxxxx, SA (former) 
   

 

 
 

FINAL DECISION 

 
AUTHOR: Ulmer, D. 
 
 
This  proceeding  was  conducted  according  to  the  provisions  of  section  1552  of 
title 10 and section 425 of title 14 of the United States Code.  The Chair docketed the 
case  on  October  21,  2005,  upon  receipt  of  the  applicant’s  completed  application  and 
military and medical records.1 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  July  21,  2006,  is  signed  by  the  three  duly  appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant  asked  the  Board  to  correct  his  record  to  show  that  he  was 
discharged from the Coast Guard in 1980 by reason of physical disability instead of by 
reason of unsuitability due to a personality disorder.  
 
 
The  applicant  stated  that  the  term  "unsuitability"  erroneously  characterizes  his 
status at the time of his separation.  He stated that he was not an unsuitable member of 
the Coast Guard and alleged that he was discharged because of a mental condition that 
prevented him from performing his duties.   
 

                                                 
1   The Board ordered the applicant's military record from the National Personnel Records Center and 
received a temporary record.  Information in the temporary record indicates that the applicant's official 
military record has been misplaced since the early 1990's.  The temporary record contained a copy of the 
applicant's DD Form 214.  The Board was able to obtain a copy of the applicant's Coast Guard medical 
record from the Department of Veterans Affairs.   

 
The  applicant  stated  that  although  he  discovered  the  alleged  error  in  1984,  the 
Board  should  waive  the  three-year  statute  of  limitations  because  justice  and  equity 
warrant  favorable  consideration  of  his  case.    He  further  stated that  the  reason  for  his 
discharge is vague and imprecise and has negatively impacted his ability to engage in a 
normal life.  
 

SUMMARY OF RECORD  

 

On  October  1,  1979,  the  applicant  enlisted  in  the  Coast  Guard.    His  enlistment 
physical examination showed that he was in good health and qualified for enlistment.    

 
On January 21, 1980, the applicant was referred for a psychiatric evaluation with 
a provisional diagnosis of anxiety neurosis.  The referral stated that he had been a super 
performer  until  the  week  of  January  13,  1980,  when  he  absented  himself  without 
authority.  The  referral  described  the  applicant  as  tense,  highly  anxious,  perplexed, 
unable to think clearly, and exhibiting paranoid thoughts.   

 
On January 21, 1980, the applicant was admitted to a United States Public Health 
Service Hospital (USPHS).  He was discharged from the hospital on February 15, 1980, 
with  a  diagnosis  of  Obsessive-Compulsive  Personality  Disorder  and  with  a 
recommendation  for  an  administrative  discharge  from the  Coast Guard  under  Article 
12-B-16 of the Personnel Manual.  The hospital discharge narrative summary also stated 
the following, in pertinent part: 

 
HISTORY  . . .  [T]his patient suffered from a somewhat severe feeling of 
loss since the fairly recent death of his grandfather whom he was close to.  
His grandfather died approximately a year prior to the admission.  Fairly 
recently the patient became involved with a woman about five years his 
senior with two children . . .  In short he states that he cannot perform his 
duties adequately in the U.S. Coast Guard and at the same time, perform 
his  duties  as  a  surrogate  father  and  husband.      He  states  that  he  would 
find it difficult and perhaps impossible to give up his relationship with his 
new  family.    He  states  that  from  his  experience  in  the  Coast  Guard,  he 
realizes that he cannot perform adequately [in the Coast Guard] and at the 
same time, discharge the duties that he perceives are his as a father in this 
family  at  the  same  time.    This  intense  conflict  led  to  the  patient's 
admission  to  the  hospital.        At  that  time  he  was  extremely  anxious, 
depressed and in need of psychiatric help. 

 

MENTAL STATUS:  Revealed the patient to be fully oriented.  Although 
he  attempted  to  be  cooperative,  he  was  impulse-ridden.    That  is,  he 
appeared to be unable to remain in the hospital for any length of time.  He 
felt an obligation to spend his evenings and weekends with his surrogate 

family.    However,  he  was  not  noted  to  be  actively  suicidal,  homicidal, 
hallucinatory or delusional.  He did not show an organic syndrome.   

 

RECOMMENDATIONS:    1.    Because  the  patient  suffers  from  a  primary 
inherent personality defect which is not secondary to any disease or injury 
and  existed  prior  to  entrance  into  the  Coast  Guard,  he  is  at  present 
unsuitable for further military service.   

 
2. There are no disqualifying physical or mental defects which are 
ratable as a disability under the standard schedule for rating disabilities in 
current use by the Veterans Administration.   

 
3.  The patient was and is mentally responsible both to distinguish 
right from wrong and to adhere to the right and has the mental capacity to 
understand the action being contemplated in this case.   

 
4.    It  is  recommended  that  the  patient  is  not  fit  for  duty  pending 

administrative separation.   

 

DISPOSITION:  The patient is discharged psychiatrically not fit for duty in 
the  U.  S.  Cost  Guard  with  recommendations  for  administrative 
Separation.   

 

The applicant was honorably discharged from the Coast Guard on February 29, 
1980, by reason of unsuitability due to a personality disorder with a JMB (personality 
disorder) separation code and an RE4 (not eligible to reenlist) reenlistment code.  The 
reason for discharge on the DD Form 214 reads:  Unsuitability - Personality Disorders 
(with a line through the personality disorders initialed by JS). 

 
Other  submissions  from  the  applicant  indicate  that  he  has  sought  medical 
treatment for what he called depression from the DVA and the county in which he lives.  
However, the documents he submitted contain no definitive diagnosis.  

   

Department of Veterans' Affairs (DVA) Records  
 
 
The Board was able to obtain some of the applicant's records from the DVA in 
Waco, Texas.  According to these records, the DVA has never granted the applicant a 
service connected-disability rating for a psychiatric disorder. The applicant stated to a 
DVA social worker that he is receiving social security disability compensation. 2 
 

                                                 
2   The applicant inquired as to whether the Board could obtain his medical records from SSA.  He was 
advised that he would have to obtain the records and send them to the Board.   

 

VIEWS OF THE COAST GUARD 

On  March  9,  2006,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 
submitted  an  advisory  opinion  recommending  that  the  Board  deny  the  applicant’s 
request,  in  accordance  with  the  memorandum  from  the  Commander,  Coast  Guard 
Personnel Command (CGPC), attached as Enclosure (1) to the advisory opinion.   

 
CGPC  noted  that  the  medical  doctors  recommended  that  the  applicant  be 
administratively  discharged  due  to  his  Obsessive-Compulsive  Personality  Disorder, 
which preexisted his military service.  CGPC noted that the application was untimely, 
but offered the following opinions and conclusions if the Board chose to consider the 
application on the merits.   

 

2.  While the Applicant' record received from the National Records 
Center  is  incomplete,  the  portion  of  the  record  received  is  adequate  to 
address the Applicant's BCMR petition. 

 
3.  The applicant was discharged from the Coast Guard under the 
provisions  of  Article  12-B-16  of  the  Personnel  Manual  for  a  diagnosed 
personality disorder . . . Personality disorders are processed for discharge 
under Article 12-B-16 under the broader heading of unsuitability . . . 
 
 
 
The  JAG  noted  that  the  words  "Personality  Disorder"  should  not  have  been 
placed along side the word unsuitability in block 28 on the applicant's DD-214.  Chapter 
1.E. COMDTINST M1900.4D  (Instructions for completing DD Form 214) states that in 
completing Block 28. (Narrative Reason for Separation) of the DD Form 214, "Only the 
narrative reason, i.e. UNSUITABILITY . . . etc. is to be entered -- do not enter additional 
information, i.e. Due to frequent involvement with civil authorities  . . . etc."  Regardless, 
the JAG did not recommend removal of the words "personality disorder" because they 
help to explain the applicant's situation.  However, the JAG noted that the Coast Guard 
would  issue  a  DD-215  correcting  block  28.  of  the  DD-214  by  deleting  the  words 
"personality disorder" if the applicant requests it.   
 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

 
On March 13, 2006, the Board sent the applicant a copy of the views of the Coast 
Guard.  The applicant's reply consisted of bits and pieces of information, some of which 
showed  that  his  appeal  of  the  DVA's  denial  of  his  disability  compensation  claim  was 
unsuccessful.    He  also  submitted  documents  that  showed  his  application  for  county 
governmental assistance.   
 

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 appli-
cable law: 
 

1.  The Board has jurisdiction concerning this matter pursuant to section 1552 of 
title 10 of the United States Code.  Although the applicant's official military record has 
been  misplaced  by  the  National  Records  Personnel  Center,  his  temporary  military 
record and a copy of his Coast Guard medical record were sufficient for the Board to 
docket and decide this case.   

 
 
2. The application was not timely.  To be timely, an application for correction of a 
military record must be submitted within three years after the alleged error or injustice 
was  or  should  have  been  discovered.    See  33  CFR  52.22.    The  applicant  filed  his 
application with the Board approximately twenty-six years after his discharge from the 
Coast  Guard  and  approximately  twenty-two  years  after  he  allegedly  discovered  the 
error.  
 

3.  However, the failure to file timely may be waived, if the Board finds that it is 
in the interest of justice to do so.  In assessing 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."    See  Allen  v. 
Card,  799  F.  Supp.  158,  164  (D.D.C.  1992).    The  Board  finds  that  it  might  be  in  the 
interest of justice to waive the statute of limitations in this case because the applicant 
may  have  suffered  from  a  physical  disability  subsequent  to  his  discharge  from  the 
Coast Guard that interfered with his ability to understand the requirement to submit 
a more timely application.     

 
5.  However, even if the applicant's reason for not filing a timely application 
were  persuasive,  it  would  still  not  be  in  the  interest  of  justice  to  excuse  the 
untimeliness based upon a review of the merits of his case.  In this regard, the Board 
finds that the applicant is not likely to prevail on his request for a change in the reason 
for his discharge from unsuitability to physical disability.  The applicant's Coast Guard 
medical record contains no evidence that the applicant suffered from a mental disability 
prior to his discharge.  He was evaluated medically prior to discharge and diagnosed 
with  a  personality  disorder,  which  is  not  a  physical  (mental)  disability.    See  Chapter 
2.A.7. of the Physical Disability Evaluations Manual.  The applicant has submitted no 
evidence to prove that the Coast Guard's diagnosis that he suffered from a Compulsive-
Obsessive Personality Disorder at the time of his discharge was erroneous or unjust.  

 
6.    The  Board  notes  that  While  the  Coast  Guard  found  that  there  was  no 
evidence  of  a  preexisting  condition  prior  to  the  applicant  joining  the  Coast  Guard, 

that  even  if,  for  the  sake  of  argument,  there  were  facts  in  the  record  indicating  a 
possible  preexisting  condition  prior  to  joining  the  Coast  Guard,  there  was  no 
evidence presented, and twenty-three years after the incident, it  would be virtually 
impossible to present, evidence that the Coast Guard somehow caused or aggravated 
such  a  preexisting  condition.    In  fact  the  applicant  admits  that  it  was  the  loss  of  a 
family member and conflict with his new family that seemed to trigger his symptoms 
while the Coast Guard.   

 
7.    Therefore,  the  applicant  was  properly  administratively  discharged  under 
Article 12.B.16. of the Personnel Manual by reason of unsuitability due to a personality 
disorder.    
 

8.    Although  the  record  suggests  that  the  applicant  may  have  a  legitimate 
reason for not filing his application sooner, it is not in the interest of justice to excuse 
the  untimeliness  in  this  case  due  to  the  applicant's  probable  lack  of  success  on  the 
merits of his claim.  Therefore, the application should be denied because it is untimely.    

 
9.  The Coast Guard noted that the words "personality disorder" (lined through 
but clearly visible on the DD Form 214) should not have been placed there.  However, 
the JAG recommended that the DD Form 214 remain as is because it helps to explain the 
applicant's  situation.    The  Board  agrees  with  this  recommendation  and  further  notes 
that the applicant has not requested to have the words "personality disorder" removed 
from his DD Form 214.  

 
 
 

 

[ORDER AND SIGNATURES ON NEXT PAGE] 

The application of former SA xxxxxxxxxxxxxxxxxxx, USCG, for correction of his 

ORDER 

 

military record is denied.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 
 

 

 
 
 Toby Bishop 

 

 
 Jordan S. Fried  

 

 

 

 

 
 
 Nancy L. Friedman