DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2009-197
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FINAL DECISION
This proceeding was conducted under the provisions of section 1552 of title 10 and sec-
tion 425 of title 14 of the United States Code. The Chair docketed the case upon receiving the
completed application on July 6, 2009, and assigned it to staff member J. Andrews to prepare the
decision for the Board as required by 33 C.F.R. § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated March 26, 2010, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, who was honorably discharged for unacceptable conduct on October 10,
2000, asked the Board to correct her record to reflect a medical separation for bipolar disorder.1
The applicant stated that she was diagnosed as bipolar after she was discharged from the Coast
Guard, but she believes that she had the condition prior to her discharge and was misdiagnosed
by military physicians. She alleged that her bipolar disorder caused the behavior for which she
was discharged and has manifested itself since her discharge from the Coast Guard. The appli-
cant alleged that she discovered this error and injustice on November 13, 2008, and alleged that
it is in the interest of justice for the Board to excuse the delay of her application because she was
recently hospitalized because of her bipolar disorder. In support of her allegations, the applicant
submitted copies of medical records, which are in the record summarized below.
1 Bipolar disorder is a mood disorder characterized by recurrent depressive episodes and manic episodes and some-
times by psychotic or catatonic features. American Psychiatric Association, DIAGNOSTIC AND STATISTICAL MANUAL
OF MENTAL DISORDERS, FOURTH EDITION, TEXT REVISION (2000) (DSM-IV-TR), p. 382 et seq. The Coast Guard
relies on the DSM when diagnosing psychiatric conditions. See U.S. COAST GUARD, COMDTINST M6000.1B,
MEDICAL MANUAL Chap. 5.B.1. (Change 15, Aug. 24, 2000). The average age at onset is 20. DSM-IV-TR, at 386.
Truancy and occupational failure are common features of the disorder. Id. at 394. Paranoia, grandiosity, distrac-
tability, sleep disturbance, non-stop talking, poor judgment, and irritability are some of the common symptoms of
bipolar disorder. Eugene Braunwald et al., eds., HARRISON’S PRINCIPLES OF INTERNAL MEDICINE, 15TH EDITION
(McGraw-Hill, 2001), p. 2551. Bipolar disorders constitute physical disabilities disqualifying for military service
and members with bipolar disorders are processed under the physical disability evaluation system. U.S. COAST
GUARD, COMDTINST M6000.1B, MEDICAL MANUAL Chap. 5.B.10. (Change 15, Aug. 24, 2000).
On October 28, 1997, at the age of 18, the applicant enlisted in the Coast Guard. While
on active duty, the applicant was treated for a variety of physical ailments. Only the medical
records that concern her mental condition are included in this summary.
On December 9, 1998, the applicant was counseled about reporting for work an hour late.
On March 23, 1999, the applicant was counseled about poor watchstanding, misuse of
Government materials, sleeping during training, and disrespect for petty officers. The Executive
Officer noted that despite counseling, she continued to question the authority of senior petty offi-
cers to give her orders and that any further disobedience would result in disciplinary action.
SUMMARY OF THE EVIDENCE
On July 2, 1999, the applicant was counseled for failing to obey an order; failing to have
On July 23, 1999, the applicant was placed on report for showing disrespect toward a
On April 16, 1999, the applicant was placed on report for insubordinate conduct toward a
petty officer, failing to obey an order, and making a false official statement in violation of the
Uniform Code of Military Justice (UCMJ). Although the charges were dismissed, she was coun-
seled about her lackadaisical attitude and failure to present her safety equipment for inspection as
ordered by her supervisor.
an inspection-ready uniform; and failing to report to work on time.
senior petty officer and for dereliction of duty.
On August 18, 1999, the applicant’s supervisor sent her to the health clinic but failed to
tell her she would be undergoing a psychiatric evaluation. The doctor noted that it was too dif-
ficult to perform the evaluation because the applicant was shocked and upset.
On August 24, 1999, the applicant was punished at mast. Comments on a performance
evaluation in her record state that she had never successfully passed personnel inspection during
the evaluation period because she did not even have all the necessary parts of the uniform; had
repeatedly failed room inspections, missed morning muster, or reported for muster out of uni-
form; had reported for work late and failed to obey orders; had thrown away new equipment
needed for an engraving machine; had slept during her training on the engraving process; had
shown disrespect for petty officers; and had been ordered to live in the barracks because of
financial irresponsibility. She was reduced in pay grade from E-3 to E-2.
On October 27, 1999, the applicant was counseled about her absence and failure to report
for morning muster on October 20, 1999. She was warned that any future late arrivals would be
punished at mast. The Executive Officer further noted that the applicant took this counseling as
a “personal attack” and began challenging the his authority to counsel her. She was advised to
seek “workplace coping skills training from the CG Employee Assistance Program” to learn not
to lash out when her supervisors were trying to redirect her focus.
On December 17, 1999, the applicant was counseled about the fact that her room smelled
so bad that on December 7, 1999, a contract repairman had refused to enter the room to make
repairs. Her supervisor had previously made sure that she had seen and understood the regula-
tions for room cleanliness. She was ordered to prepare a written analysis of each paragraph of
the regulations, and she was advised that any further infraction would be punished at mast.
On December 22, 1999, the applicant was punished at mast for failing to accompany her
guests and ensure that they departed on time. She was also counseled about repeatedly failing
room inspections, shading the truth, and poor performance.
On December 23, 1999, the applicant went to the clinic complaining of mood swings and
mixed emotions. A physician’s assistant referred her for a psychiatric evaluation to rule out a
possible bipolar disorder. The assistant noted that the applicant had had “multiple job perform-
ance problems” and that she claimed that she would work well one day but do nothing the next.
On December 27, 1999, the applicant was counseled about her “continued failure to obey
basic rules as a watchstander and for [her] recurring failure to obey supervisors within the facil-
ity engineering division.” The applicant was placed on performance probation and warned that
unless she improved and abided by the rules, the command would initiate her discharge.
On January 4, 2000, the applicant went to the clinic to ask questions about her upcoming
psychiatric evaluation. A doctor met with her and reported that the evaluation was needed to
rule out a possible adjustment disorder or bipolar disorder but that she was fit for full duty.
On January 11, 2000, the applicant was counseled about cleanliness because her room
and bathroom had been so unclean that the command had had to house her new roommate else-
where while the rooms were cleaned.
On January 27, 2000, a psychiatrist filed the following report:
Diagnosis: No psychiatric diagnosis at this time.
Plan/Rec.: (1) Patient is psychiatrically fit for full duty. (2) She is fully responsible for her
actions. (3) She agrees to seek medical help if suicidal or homicidal ideations occur. (4) Although
[she] appears to be reacting normally to psychosocial stressors, she may benefit from counseling
from a psychologist or LCSW, and command can consider arranging this for patient. I also
advised [her] that National Alliance for the Mentally Ill can provide resources and names of
groups for family members of schizophrenics. (5) No further follow-up by Psychiatry indicated at
this time. If [she] finds symptoms worsening, she should report to medical and we would be
happy to see [her] concerning use of medication at that time. [She] stated she does not want psy-
chotropic medications and none appear indicated at this time. (6) Above [discussed with patient]
who understood and agreed. (7) Attempt to contact [the unit health specialist] unsuccessful. (8)
[psychiatrist’s name and telephone number].
[History]: Voluntary evaluation for this 20 y.o. single female SR/USCG/AD with 2½ yr. AD.
[She] stated she has had some difficulties with Coast Guard, has been unhappy with work, but
feels she has changed her attitude and is looking forward to finishing her enlistment and perhaps
in remaining in Coast Guard. She has had two NJPs, both Art. 92. [She] stated another stressor
has been visiting her mother, who is institutionalized with schizophrenia. [She] has separated
from mother at an early age. She described a happy childhood but missed her mother. [She]
denied any [history of] depressed mood longer than a few hours, or any [history of] sustained ele-
vated mood or unusual behaviors. She denied sleep disturbance greater than one day. She denied
prolonged irritability, poor energy, concentration, or sense of enjoyment. She denied any [history
of] alcohol or drug abuse. She denied any [history of] perceptual disturbance. She denied any
[history of] suicidal or homicidal ideation. [Family history]: + schizophrenia–mother, alcohol-
brother, drugs-sister.
[Affect]: [Patient] is alert, calm, fully oriented, well-kempt in [unreadable word]. Mood euthymic
except for tearful episode when talking about mother. Eye contact and psycho motor activity
normal. Speech normal in flow and goal-directed. There is no evidence of psychosis, mood insta-
bility, organicity, medically boardable mood or anxiety disorders, suicidality, or homicidality.
[She] denies suicidal or homicidal ideation. Cognition, memory, insight, judgment intact.
On June 22, 2000, the applicant’s supervisor sent her for a mental evaluation after she
made a comment about jumping from a bridge. The doctor reported that the applicant denied
being suicidal and “just wants to get out of the USCG.” She complained to the doctor that she
was not learning anything, that she was always blamed for small errors, and that she did not like
to receive orders like a child. She was tired of being punished at mast, tired of reporting for
work and doing “nothing,” and just wanted out of the Coast Guard. The applicant attributed her
comment about jumping from the bridge to wanting an adrenalin rush. The doctor noted that the
prior psychiatric evaluation had resulted in no psychiatric diagnosis and found her fit for full
duty. However, he diagnosed her with an “adjustment disorder mixed”2 because she could not
cope with being in the military and recommended that she be discharged.
On June 30, 2000, the applicant was punished at mast because as the District mail clerk,
she had “grossly neglected to follow established mail handling procedures for registered mail
and negligently failed to show up to morning muster and subsequent personnel inspection.” She
had left a registered mail package containing classified material unsecured in the mail room and
in her car, had failed to mail the package, and had missed morning muster.
On August 5, 2000, the applicant was charged with insubordinate conduct toward a petty
officer, reckless operation of a vehicle, damaging military property, and failing to obey an order.
The records indicate that although her driver’s license had been suspended and arrangements had
been made for someone else to drive her to her eye examination, she operated a Government
vehicle in violation of a direct order from a petty officer, ran a stop sign, and caused an accident
with extensive vehicular damage.
On August 9, 2000, the applicant was charged with being absent without leave (AWOL)
after she failed to report for morning muster and duty. She was charged with the same offenses
when she missed muster on August 11, 2000. At mast on August 14, 2000, the applicant was
reduced in pay grade from E-2 to E-1; fined $100; and restricted to the base with extra duties for
thirty days.
2 Adjustment disorders are defined as psychological responses to identifiable stressors that result in the development
of clinically significant emotional or behavioral symptoms, including either “marked distress that is in excess of
what would be expected given the nature of the stressor or … significant impairment in social or occupational (aca-
demic) functioning.” DSM-IV-TR, p. 679. Adjustment disorders disappear when the stressors disappear. Id.
Adjustment disorders are not considered physical disabilities, but members with chronic adjustment disorders that
interfere with their performance of duty are administratively (not medically) discharged. U.S. COAST GUARD,
COMDTINST M6000.1B, MEDICAL MANUAL Chap. 5.B.3. (Change 15, Aug. 24, 2000).
On August 16, 2000, the applicant’s commanding officer (CO) notified her that he was
initiating her honorable discharge for unsatisfactory performance because her performance had
not improved while she was on probation. He advised her that she was entitled to object to the
discharge and to submit a statement rebutting his recommendation.
On August 17, 2000, the applicant signed a statement objecting to the circumstances of
her discharge, but noting that she did not object to being discharged. She submitted a statement
noting that she had received two unit commendations and a team award while on active duty.
She asked to be retained through her third active duty anniversary, October 27, 2000, so that she
would be eligible for educational benefits under the Montgomery G.I. Bill (MGIB).
On August 22, 2000, the CO sought authority to discharge the applicant for unsatisfac-
tory performance under Article 12.B.9. of the Personnel Manual. He noted that she had been
counseled about her poor performance numerous times and had been punished at mast four
times. However, he recommended that she receive an honorable discharge and that she be dis-
charged on or after October 27, 2000, so that she would have three continuous years of service
and be eligible for MGIB benefits.
On September 13, 2000, the applicant’s command responded to the discharge order by
asking that her discharge date be changed to November 1, 2000, so that the applicant would be
entitled to MGIB benefits. However, on September 15, 2000, this request to delay her discharge
was disapproved based upon her numerous violations of the UCMJ.
On September 22, 2000, the applicant underwent a physical examination pursuant to her
pending discharge. On her Report of Medical History, she denied ever suffering from insomnia,
depression, or nervous trouble of any sort and wrote that she was in good health. No physical
disabilities were discovered during the examination, and she was found fit for discharge.
On October 10, 2000, the applicant was honorably discharged from the Coast Guard for
unacceptable conduct under Article 12.B.16. of the Personnel Manual. She had completed
2 years, 11 months, and 13 days of active duty.
On October 5, 2008, the applicant was admitted to a hospital. A mental health technician
who conducted the intake evaluation reported that the applicant was “delusional + paranoid.
On August 30, 2000, the Commandant responded to the CO and stated that the applicant
should be discharged for unsuitability under Article 12.B.16.b.3. of the Personnel Manual, which
authorized discharges for “Apathy, Defective Attitudes, and Inability to Expend Effort Construc-
tively.” The CO was advised to give the applicant notice of this change and another opportunity
to object to her discharge. On August 31, 2000, the applicant acknowledged notice of the pro-
posed discharge for unsuitability and again noted that she did not object to being discharged.
On September 12, 2000, the Commandant ordered that the applicant be honorably dis-
charged for unsuitability no later than October 10, 2000, with a JNC separation code, which
denotes “unacceptable conduct.”
Unable to function. Calling police + fire dept. often.” Upon her discharge, the applicant’s con-
dition was noted as an exacerbation and manic phase of her bipolar disorder with psychotic
symptoms. The doctor noted that she had previously been hospitalized at two other institutions
due to a “bipolar disorder with manic flares,” which had been treated with the drug Abilify.
VIEWS OF THE COAST GUARD
On October 30, 2009, the Judge Advocate General (JAG) submitted an advisory opinion
in which he recommended that the Board deny relief in this case. In so doing, he adopted the
facts and analysis provided by the Personnel Service Center (PSC) in an attached memorandum.
PSC stated that the application is not timely and should be denied due to untimeliness.
PSC stated that the applicant underwent a psychiatric evaluation while in the Coast Guard and
was found to be psychiatrically fit for duty and fully responsible for her conduct. PSC further
noted that the earliest documentation of a diagnosis of bipolar disorder in the record is dated
October 5, 2008, eight years after the applicant’s discharge from active duty. PSC concluded
that the applicant was “appropriately processed for separation due to misconduct” and so no
relief should be granted.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On November 3, 2009, the Chair sent the applicant a copy of the views of the Coast
Guard and invited her to submit a response within thirty day. No response was received.
APPLICABLE REGULATIONS
Article 12.B.16.b.3. of the Personnel Manual in effect in 2000 authorized discharges for
“Apathy, Defective Attitudes, and Inability to Expend Effort Constructively.” The member was
entitled to a probationary period to overcome performance deficiencies, but if the member did
not improve, the command could initiate the discharge after notifying the member and affording
her an opportunity to submit a rebuttal statement and, if a general discharge was proposed, to
consult an attorney.
ability Evaluation and Disciplinary Action,” stated the following:
Article 12.B.1.e.1. of the Personnel Manual, entitled “Cases Involving Concurrent Dis-
Disability statutes do not preclude disciplinary separation. The separations described here super-
sede disability separation or retirement. If Commander, (CGPC-adm) is processing a member for
disability while simultaneously Commander, (CGPC-epm-1) is evaluating him or her for an invol-
untary administrative separation for misconduct or disciplinary proceedings which could result in
a punitive discharge or an unsuspended punitive discharge is pending, Commander, (CGPC-adm)
suspends the disability evaluation and Commander, (CGPC-epm-1) considers the disciplinary
action. If the action taken does not include punitive or administrative discharge for misconduct,
Commander, (CGPC-adm) sends or returns the case to Commander, (CGPC-adm) for processing.
If the action includes either a punitive or administrative discharge for misconduct, the medical
board report shall be filed in the terminated member's medical personnel data record (MED PDR).
Article 2.C.11. of the Physical Disability Evaluation System (PDES) Manual in effect in
2000 stated the following:
a. Disability statutes do not preclude disciplinary or administrative separation under applicable
portions of the Personnel Manual, COMDTINST M100.6 (series). If a member is being processed
for a disability retirement or separation, and proceedings to administratively separate the member
for misconduct, disciplinary proceedings which could result in a punitive discharge of the mem-
ber, or an unsuspended punitive discharge of the member is pending, final action on the disability
evaluation proceedings will be suspended, and the non-disability action monitored by [CGPC]. ...
b. If the court martial or administrative process does not result in the execution of a punitive or an
administrative discharge, the disability evaluation process will resume. If a punitive or adminis-
trative discharge is executed, the disability evaluation case will be closed and the proceedings filed
in the member’s official medical record.
FINDINGS AND CONCLUSIONS
1.
2.
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 10 U.S.C. § 1552.
Under 10 U.S.C. § 1552(b) and 33 C.F.R. § 52.22, an application to the Board
must be filed within three years after the applicant discovers, or reasonably should have discov-
ered, the alleged error or injustice. The applicant was discharged for misconduct on October 10,
2000, and knew that she had not received a medical separation on that date. Although she
alleged that she did not discover the error in her record until November 13, 2008, her medical
records show that she had been hospitalized for bipolar disorder several times before her admis-
sion to the hospital on October 5, 2008. The applicant has not submitted documentation disclos-
ing the date she was first diagnosed as bipolar. Therefore, it is not clear whether her application
was timely filed. However, because the applicant was discharged nine years ago and has
apparently suffered from bipolar disorder for several years and been hospitalized for it several
times during that period, the Board finds that it is in the interest of justice to excuse the possible
untimeliness of her application and to consider the case on the merits.
The preponderance of the evidence in the record shows that the applicant did not
suffer from bipolar disorder while she was a member of the Coast Guard and that her non-medi-
cal discharge for unacceptable conduct was neither erroneous nor unjust. The earliest evidence
in the record of a diagnosis of bipolar disorder is dated October 5, 2008, eight years after her dis-
charge. Although in December 1999 one physician’s assistant referred her to a psychiatrist to
determine whether she had bipolar disorder because she complained of mood swings, the psy-
chiatrist reported on January 27, 2000, that she had no psychiatric diagnosis; that she was psychi-
atrically fit for duty and responsible for her conduct; and that no psychiatric medications or
follow-up were needed. After another mental examination in June 2000, conducted because the
applicant made a comment to her supervisor about jumping off a bridge, she was diagnosed with
an adjustment disorder because she told the doctor that she did not like being in the military, did
not like to receive orders like a child, and wanted out. An adjustment disorder is not considered
3.
a physical disability and does not entitle a member to medical board evaluation and processing.3
The applicant’s Coast Guard medical records are presumptively correct, and she has not submit-
ted sufficient evidence to rebut that presumption.4
4.
5.
The applicant alleged that her misconduct in 2000 was caused by her bipolar
disorder. The existence of a mental illness does not per se excuse a member from liability for
her misconduct. Instead, the deciding factors are whether the member lacked substantial capac-
ity to appreciate the criminality of her conduct and to conform her conduct to the requirements of
law.5 Following the psychiatric evaluation on January 27, 2000, the psychiatrist reported that
the applicant’s cognition, insight, and judgment were intact and that she was “fully responsible
for her actions.” Thus, even if the applicant had been diagnosed as bipolar before she was dis-
charged from active duty, she would not have been entitled to a medical separation by reason of
physical disability because administrative proceedings that result in a discharge for misconduct
supersede the statutes and regulations regarding medical separations.6
The applicant has failed to prove by a preponderance of the evidence that she was
misdiagnosed while on active duty or that she suffered from bipolar disorder prior to her dis-
charge from the Coast Guard. The record before the Board lacks evidence of when she was first
diagnosed as bipolar. Therefore, her request should be denied. However, she may seek further
consideration of her application within a year upon submission of additional medical evidence of
the history and duration of her illness.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
3 Chronic adjustment disorders that interfere with a Coast Guard member’s performance of duty result in adminis-
trative separations (rather than medical board processing). U.S. COAST GUARD, COMDTINST M6000.1B,
MEDICAL MANUAL Chap. 5.B.3. (Change 15, Aug. 24, 2000).
4 33 C.F.R. § 52.24(b). See Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992) (citing Sanders v. United
States, 594 F.2d 804, 813 (Ct. Cl. 1979), for the required presumption, absent evidence to the contrary, that Govern-
ment officials have carried out their duties “correctly, lawfully, and in good faith.”).
5 Rule 706 of the Rules for Courts-Martial, MANUAL FOR COURTS-MARTIAL, UNITED STATES (1995 ed.)
6 U.S. COAST GUARD, COMDTINST M1000.6A, PERSONNEL MANUAL, Art. 12.B.1.e.1. (Change 33, Sept. 19,
2000); U.S. COAST GUARD, COMDTINST M1850.2C, PHYSICAL DISABILITY EVALUATION SYSTEM MANUAL
Article 2.C.11. (July 19, 1996).
ORDER
The application of former SR xxxxxxxxxxxxxxxxxxx, USCG, for correction of her
military record is denied. However, she may seek further consideration within a year upon
submission of additional medical evidence of the history and duration of her illness.
Jeff M. Neurauter
Lynda K. Pilgrim
Kenneth Walton
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