DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2001-032
FINAL DECISION
ANDREWS, Attorney-Advisor:
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 BCMR
docketed this case on January 24, 2001, upon receipt of the applicant’s completed
application.
appointed members who were designated to serve as the Board in this case.
This final decision, dated July 26, 2001, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a former machinery technician third class (MK3; pay grade
E-4), asked the Board to correct his military record by upgrading his reenlistment
code from RE-4 (ineligible to reenlist) to RE-3 (eligible to reenlist except for a dis-
qualifying factor; waiver required). He alleged that his , separation from
active duty for “unsuitability” was unjust.
The applicant alleged that in he was assigned to a station almost
500 miles from his family and friends and became quite homesick. He alleged
that his job performance was fine and that he completed all of the qualifications
required of him within a few months and was working toward advancement.
However, he “had trouble adapting to [his] off-duty living.” (His first billet had
been much closer to home.)
The applicant alleged that because of his homesickness, he contacted the
Coast Guard’s Employee Assistance Program (EAP) in and was referred to
a social worker. He began attending counseling sessions with her and felt that
they were helpful. He also sought treatment from a contracting Coast Guard
physician, who prescribed Prozac for him. He alleged that the physician never
mentioned a diagnosis, a change in duty status, or an obligation to inform his
command of the prescription. He alleged that soon after he began taking the
Prozac, the physician switched his prescription to Zoloft because he “wasn’t
feeling any changes.” After taking the Zoloft for a couple weeks, he told the
physician at a follow-up appointment that he still could not feel any change and
did not like the side-effects of the drug. The physician then discussed with him
three types of depression—chemical, physical, and situational—and they agreed
that his was situational. Therefore, they decided that he should discontinue tak-
ing the Zoloft and continue with the counseling sessions, since he believed they
were helping him deal with his homesickness and depression.
The applicant alleged that he continued attending counseling sessions and
tried, without success, to find another member with whom he could swap billets
so that he could work closer to home. However, when he had completed the
maximum number of counseling sessions allowed by the EAP (five), he
contacted a health services technician at his Coast Guard Group to see how he
could receive more counseling. Shortly thereafter, his unit’s Officer in Charge
(OIC), Executive Petty Officer, and Engineering Petty Officer called him in for a
meeting to ask about his situation. The OIC put him on light duty for 30 days
and referred him to a contracting psychiatrist.
The applicant alleged that he had two appointments with the psychiatrist,
who advised him to adapt to his situation until an opportunity to move closer to
home arose. After these appointments, his command ordered him to go to a
Naval Hospital for evaluation by a clinical psychologist. He alleged that the psy-
chologist discussed his diagnosis with him and advised him to continue coun-
seling to overcome his homesickness. The psychologist also told him that he did
not meet the criteria for inpatient admission, involuntary commitment, or medi-
cal board processing under the Physical Disability Evaluation System (PDES).
The applicant alleged that one week after he returned to his unit from the
hospital, he met with the same three officers, who told him that he could choose
to continue his assignment at the unit or be discharged. He alleged that they did
not mention any possibility of further counseling but warned him that if he
elected to be discharged, he might not be able to reenlist. The applicant alleged
that he was “only given a few days to make a decision,” felt rushed, and did not
have all of the information he needed. He alleged that he was allowed to speak
with a member of the Coast Guard’s legal staff but was not certain he was asking
the right questions about the consequences of his decision.
The applicant alleged that he elected to be discharged because he would
not have received further counseling. He alleged that no one indicated that he
could continue counseling or seek a transfer. Therefore, he felt that being dis-
charged was his only option, even though his homesickness and depression were
not affecting his job performance in any way. For example, he alleged, he “suc-
cessfully served as the station’s Morale Officer, and was always planning events
to keep the crew in a positive frame of mind.”
The applicant alleged that he was discharged one month later. He alleged
that he “did not receive any documentation for review or action until the after-
noon of [his] date of discharge, and still did not fully understand all of the rami-
fications.”
In support of his allegations, the applicant submitted two affidavits from
Coast Guard members. A chief warrant officer who supervised the applicant at
his first duty station from through stated that the applicant had been
a very competent and effective member who learned quickly, gave “100 percent
to the task at hand,” and showed very good judgment and integrity. He stated
that the applicant was always cheerful despite long work hours and stressful
situations.
A petty officer who was the applicant’s roommate and who worked in the
same duty section at his final billet stated that the applicant had been a “strong
and respected leader” at the unit and was often consulted by junior members
needing advice. He stated that the applicant often worked overtime voluntarily
to help train and qualify other members. He stated that the applicant was a very
hard worker who “work[ed] well with others” and that many members at the
station were sad when he chose to leave the Coast Guard.
On , at the age of 21, the applicant enlisted in the Coast Guard
Reserve for a term of eight years under the delayed entry program. On , he
enlisted in the regular Coast Guard for four years, through . After
completing boot camp, he was initially assigned to a cutter near his hometown.
He served on the cutter for about two years and then attended “A” School to
become a machinery technician in . To attend “A” School, he had to obligate
one more month of active service by extending his enlistment contract through
.
On , after graduating from “A” School, the applicant was
assigned to a Coast Guard station approximately 500 miles from his hometown.
The applicant also received several strong evaluations for his work at the station.
SUMMARY OF THE RECORD
On , the applicant returned to the doctor, complaining of feeling
In addition, on , the station’s OIC made an entry in his record
commending him for his superior performance as the unit’s Morale Officer. On
, he made an entry commending the applicant for his work for the
engineering department and for his help in setting up a new engine room.
On , the applicant attended sick call and stated that his counselor
had recommended that he take an antidepressant. The doctor prescribed Prozac
and told him to return in three weeks.
On , the applicant returned to the doctor for a follow-up. He
reported that he had stopped taking Prozac three days earlier because he
believed it was tiring him and slowing his thoughts. He reported that his moti-
vation had increased and attributed it to the counseling sessions. The doctor
increased his prescribed dosage of Prozac and asked him to return in six weeks.
lethargic due to the Prozac. His prescription was changed to Zoloft.
On , the applicant returned to the doctor and stated that he had
run out of Zoloft the week before and had not gotten more because he did not
believe the Zoloft was helping him. He told the doctor he still felt very anxious
and believed his problem was homesickness. The applicant said that he “hate[d]
it here” and gave his doctor permission to discuss his problem with his station
commander.
On , the applicant was evaluated by a psychologist in the Mental
Health Department of a Naval Hospital. The psychologist noted that he “was
referred by self and command to [the clinic] for consultation because of recent
symptoms and lack of response to treatment.” He noted that the applicant
complained of having been depressed and anxious since he left his hometown
region to attend “A” School and stated that he wanted to go home. The
applicant reported “periods of emotional lability withdrawal, sleep disturbance,
appetite disturbance, discouragement, financial worries, boredom, tension,
memory problems, moodiness, edginess, difficulty concentrating, fatigue,
indecision, bowel problems, stomach distress, irritability, tension headaches,
loneliness, and a strong desire to transfer closer to his home.” The psychologist
concluded that the applicant would benefit from more intense psychotherapy
and antidepressant medication but did not meet the criteria for medical board
evaluation. He also made the following psychiatric diagnoses:
DSM-IV Diagnostic Impression:
Axis I:
309.28, Adjustment Disorder With Mixed Anxious and Depressed
Mood, Moderate.
Axis II: 301.40, Obsessive-Compulsive Personality Disorder, Moderate, EPTE
[existing prior to enlistment], With Narcissistic/Dependent/Avoidant
Features.
Axis III: No general or specific medical conditions are reported or known at this
time.
Axis IV: Routine Stressors of Military Life. Social Environment Stressors.
Axis V: 60-51 Moderate Symptoms and Difficulty.
On , the applicant was notified that his OIC was recommending
that he be honorably discharged from the Coast Guard for unsuitability due to
his personality and adjustment disorders and that he not be eligible to reenlist in
any military service. The OIC stated that he was taking the action in accordance
with the terms of the Medical Manual because of the applicant’s psychiatric
diagnoses. He advised the applicant that he was not entitled to a medical board
but had a right to consult with an attorney and to submit a statement in his own
behalf.
On , the applicant signed an acknowledgement of the notification.
He indicated that he had consulted an attorney and was waiving his right to
submit a statement in his own behalf. He also indicated that he did not object to
his discharge or to receiving a reenlistment code that would prevent him from
ever reenlisting in any military service.
On , the applicant’s Group Commander asked the Coast Guard
Personnel Command (CGPC) to discharge him for unsuitability due to his
personality and adjustment disorders. He reported that the psychologist had
concluded that the applicant’s condition would probably not interfere with his
performance of military duty but that he seemed to be “struggling with off-duty
adjustment issues.”
On , CGPC ordered that the applicant be honorably discharged
by reason of unsuitability, in accordance with Article 12.B.16. of the Personnel
Manual. CGPC ordered that he be assigned a JFX separation code.
On , the applicant received an honorable discharge with a
separation code of JFX (which means “personality disorder; involuntary dis-
charge directed by established directive when a personality disorder exists, not
amounting to a disability, which potentially interferes with assignment to or per-
formance of duty”); a narrative reason for separation of “Personality Disorder”;
and a reenlistment code of RE-4 (not eligible for reenlistment). He was dis-
charged approximately seven months before the end of his enlistment.
Since his discharge, the applicant has received an Associate in Applied
Science degree from a community college, and he has been accepted by a naval
VIEWS OF THE COAST GUARD
On May 29, 2001, the Chief Counsel of the Coast Guard submitted an
advisory opinion recommending that the Board grant the requested relief by
upgrading the applicant’s reenlistment code to RE-3G and by upgrading his
separation code to KDB.
An RE-3G code means that the veteran is eligible to reenlist despite
having a condition that interfered with his performance of duty (but did not
amount to a physical disability) as long as he receives a waiver through his
recruiter. A KDB separation code means that the member was voluntarily dis-
charged because retention on active duty would have imposed a hardship.
The Chief Counsel argued that the record indicates that the applicant’s
adjustment disorder—homesickness—was the primary cause of his discharge,
rather than the personality disorder. He alleged that there is no evidence that the
applicant’s diagnosed disorders interfered with his performance of duty. He
alleged that the doctor’s reports indicate that the applicant was not mentally ill
and had no thought disorders. He also alleged that there is no indication in the
record that the diagnosed disorders were considered permanent.
The Chief Counsel alleged that in discharging the applicant, the Coast
Guard was essentially complying with his request since the record indicates that
his command gave him the option of staying. Therefore, he concluded that,
although there is no evidence that the Coast Guard committed any procedural or
substantive error in discharging the applicant in accordance with the provisions
of the Medical and Personnel Manuals, he “will not contest” an order upgrading
the applicant’s RE and separation codes.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On May 31, 2001, the Chairman sent the applicant a copy of the views of
the Coast Guard and invited him to respond within 15 days. The applicant
responded on June 22, 2001, stating that he did not object to the recommendation
of the Chief Counsel.
shipyard apprenticeship program to train for a journeyman’s certificate as a
pipefitter.
APPLICABLE LAW
Article 12.B.16 of the Coast Guard Personnel Manual authorizes enlisted
personnel to be discharged by reason of unsuitability at the direction of the Com-
mandant for inaptitude, personality disorders, apathy, defective attitudes, inabil-
ity to expend effort constructively, unsanitary habits, alcohol abuse, financial
irresponsibility, or sexual harassment. Article 12.B.16.b of the Personnel Manual
authorizes unsuitability discharges for members diagnosed with one of the “per-
sonality behavior disorders … listed in Chapter 5, CG Medical Manual … .”
Chapter 5.B.2 of the Medical Manual (COMDTINST M6000.1B) lists the
personality disorders that qualify a member for administrative discharge pursu-
ant to Article 12 of the Personnel Manual. The list includes obsessive-compul-
sive, narcissistic, dependent, and avoidant personality disorders. Adjustment
disorders are not included among the personality disorders listed.
Adjustment disorders are, however, listed in Chapter 5.B.3 of the Medical
Manual, which states that they “are generally treatable and not usually grounds
for separation. However, when these conditions persist or treatment is likely to
be prolonged or non-curative (e.g. inability to adjust to military life …) process in
accordance with [Article 12 of the Personnel Manual] is necessary.”
Chapter 3.F.16.d of the Medical Manual states that adjustment disorders
“do not render an individual unfit because of physical impairment. However, if
these conditions are recurrent and interfere with military duty, are not amenable
to treatment, or require prolonged treatment, administrative separation should
be recommended (see Section 5-B).”
Article 1.E. of the Coast Guard Instruction for completing discharge forms
states that a member’s DD 214 should show a separation authority, SPD code,
and reenlistment code “as shown in the SPD Handbook or as stated by the
[Military Personnel Command] in the message granting discharge authority.”
The narrative reason for separation on the DD 214 must be whatever is specified
by the Military Personnel Command.
narrative reasons for separation which might apply to the applicant’s case:
The SPD Handbook includes the following combinations of codes and
SPD
Code
JFX
Narrative Reason
for Separation
Personality
Disorder
JFV
Condition, Not a
Disability
12.B.12
RE-4,
RE-3G, or
RE-3X
KDB Hardship
RE-3H or
RE–4
12.B.12
RE Code
RE-4 or
RE-3G
Separation
Authority
12.B.16
Explanation
Involuntarily discharge [by direction] when a
personality disorder exists, not amounting to a
disability, which potentially interferes with
assignment to or performance of duty.
Involuntarily discharge [by direction] when a
condition, not a physical disability, interferes
with the performance of duty (Enuresis, motion
sickness, allergy, obesity, fear of flying, et al.)
Voluntary discharge [by direction] when
continued retention in the military service
would impose a hardship including hardship
when a member assumes responsibility for the
support of a dependent.
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 sec-
tion 1552 of title 10 of the United States Code. The application was timely.1
1.
2.
3.
4.
The applicant requested an oral hearing before the Board. The
Chairman, acting pursuant to 33 C.F.R. § 52.31, denied the request and recom-
mended disposition of the case without a hearing. The Board concurs in that
recommendation.
The record indicates that the applicant was discharged primarily
because he was unhappy with his circumstances and felt very homesick.
Although he was diagnosed with a personality disorder, there is no evidence in
the record that it interfered with his performance of duty at all. His OIC appar-
ently let the applicant choose whether to stay through the end of his enlistment
or be discharged with the RE-4 and JFX codes, and the applicant voluntarily
chose the latter course of action. Although the applicant suggested that his
choice was forced by the Coast Guard’s failure to offer him further counseling,
he did not prove that he was actually denied any services to which he was
entitled under Coast Guard regulations.
Given the applicant’s psychiatric diagnosis and long-term com-
plaints of homesickness, the Board cannot find that the Coast Guard committed
any error in discharging him in accordance with Article 12.B.16. of the Personnel
Manual, which authorizes unsuitability discharges for members with personality
disorders. Under the SPD Handbook, members discharged because of personal-
ity disorders may receive on their discharge papers the JFX separation code,
“Personality Disorder” as the narrative reason for separation, and an RE-4 or RE-
1 Under 10 U.S.C. § 1552(b), applications must be filed within three years of an applicant’s dis-
covery of an alleged error or injustice in the record. The applicant was discharged on .
The application was not received by the Board until October 23, 2000, and it was not completed
and docketed until the Board received his military records from the National Personnel Records
Center on January 24, 2001. However, the record indicates that the applicant signed and mailed
his application and relevant evidence to the Board on October 20, 2000, prior to the expiration of
the statute of limitations. Therefore, the Board finds that the application was timely filed.
5.
6.
7.
8.
The Board is reluctant to counteract the assessment of the appli-
cant’s commanding officer concerning his aptitude for further military service.
However, the upgrade from RE-4 to RE-3 that the applicant requested would not
make him automatically eligible to reenlist. He would still have to persuade a
recruiter that the problem that caused his discharge no longer exists and that a
waiver should be sought on his behalf to allow him to reenlist. Therefore, and in
light of the Chief Counsel’s recommendation, the Board finds that relief should
be granted.
The Chief Counsel recommended that the Board change the appli-
cant’s SPD code to KDB, which denotes hardship, and his RE code to RE-3G.
This is not a proper combination of codes according to the SPD Handbook.
Members discharged for hardship receive an RE-3H code and must prove to
their recruiters that the financial or familial hardship that caused their discharge
no longer exists. Moreover, the Board finds that a “hardship” discharge and the
RE-3H code are not reasonably descriptive of or appropriate to the applicant’s
situation. Hardship discharges are commonly awarded to members when their
continued military service would cause a significant problem for their families
because of the families’ financial needs or a dependent’s severe medical problem.
There is no evidence in the record suggesting that the applicant’s continued
service would have troubled anyone but himself. Furthermore, with an RE-3H
code, the applicant would be able to reenlist in any military service as long as he
could prove that his enlistment would cause no hardship for his family. He
would not have to satisfy his recruiter that homesickness would no longer be a
problem.
3G reenlistment code. The applicant’s commanding officer chose to give him an
RE-4 code, purposefully making him ineligible for reenlistment.
The Chief Counsel recommended that the Board grant relief despite
the lack of error in the applicant’s record. He based his recommendation on the
fact that the applicant’s personality disorder had not interfered with his perform-
ance of duty and on the fact that the cause of the applicant’s discharge—home-
sickness—is not necessarily a permanent condition.
The Board could grant relief simply by changing the applicant’s RE
code to RE-3G, which may properly be used with the JFX separation code accord-
ing to the SPD Handbook. However, this would leave the JFX code and “Person-
ality Disorder” as the narrative reason for separation on the applicant’s discharge
papers. As stated above, the record indicates that the applicant’s diagnosed per-
sonality disorder was not the actual cause of his discharge but an excuse used by
his command to allow him to leave the service. Although the Coast Guard’s use
of the JFX in the applicant’s case is not clearly erroneous, it is not the most accu-
rate SPD code available and may be unduly prejudicial since it gives the impres-
sion that the applicant was discharged because of a severe personality disorder
that rendered him unfit for duty. In the Board’s experience, the JFX code is
usually assigned to members whose personality disorders have resulted in signi-
ficantly aberrant behavior or misconduct.2
9.
In the past, the Board has corrected the records of applicants dis-
charged because of adjustment disorders by changing their SPD codes to JFV,
based on the finding that the words “Personality Disorder” on the applicant’s
DD 214 are unjust in light of the circumstances surrounding his or her discharge
and the fact that veterans must show their discharge papers to future employers.
See, e.g., BCMR Docket No. 1999-050. The JFV code means that the member had a
condition, such as motion sickness, obesity, or fear of flying, that interfered with
his or her performance of duty. To be eligible to reenlist, the member must
satisfy a recruiter that the condition no longer exists. The Board finds that the
JFV code most accurately describes the circumstances of the applicant’s dis-
charge. The SPD Handbook allows members assigned a JFV separation code to
receive an RE-3G reenlistment code, as recommended by the Chief Counsel.
10. Accordingly, the applicant’s request should be granted by correct-
ing his SPD code to JFV, his narrative reason for reenlistment to “Condition, Not
a Disability,” and his reenlistment code to RE-3G.
[ORDER AND SIGNATURES ON FOLLOWING PAGE]
2 See, e.g., BCMR Docket No. 1999-037 (member frequently exhibiting inappropriate sexual
behavior over a two-year period was twice diagnosed with an “adjustment disorder with
disturbance of conduct” and discharged with a JFX code and “Unsuitability” as the narrative
reason for separation); BCMR Docket No. 1998-099 (member twice arrested for indecent exposure
was diagnosed with a narcissistic personality disorder and discharged with a GFX code (which
means the same thing as JFX except that the member is entitled to appeal his discharge before an
Administrative Discharge Board) and a narrative reason for separation of “Unsuitability”);
BCMR Docket No. 2000-142 (member diagnosed with a borderline personality disorder
performed highly dramatic “suicide gesture” to try to hasten his release and was discharged with
a JFX code, RE-3G reenlistment code, and “Personality Disorder” as the narrative reason for
separation).
• Block 26 on the DD 214 shall be corrected to show SPD code “JFV.”
• Block 27 on the DD 214 shall be corrected to show reenlistment code
“RE-3G.”
• Block 28 on the DD 214 shall be corrected to show “Condition, Not a
Disability” as the narrative reason for separation.
ORDER
The application of for correction of his military
record is granted as follows:
Terence W. Carlson
Harold C. Davis, M. D.
John A. Kern
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...
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of the Coast Guard Instruction for completing discharge forms states that a member’s DD 214 should show a separation code and reenlistment code “as shown in the SPD Handbook or as stated by [CGPC] in the message granting discharge authority.” The narrative reason for separation on the DD 214 must be whatever is specified by CGPC. The applicant was diagnosed with an anxiety and adjustment disorder and his CO recommended his discharge pursuant to Article 12.B.12.a. In light of the...
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of the Coast Guard Medical Manual lists the personality disorders for which a member may be separated. As the Coast Guard stated, “Condition, Not a Disability” would be more appropriate in this case because the applicant was discharged due to an adjustment disorder, not a personality disorder. Given the applicant’s diagnosed adjustment disorder and the provisions of the SPD Handbook, the Coast Guard should have assigned her the JFV separation code for having a condition that precludes...
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However, a cursory review of the merits of the application indicates that the Coast Guard committed an error by listing JFX (personality disorder) as the separation code, unsuitability as the narrative reason for separation, and RE-4 as the reenlistment code on the applicant’s DD214. It was error for the Coast Guard to describe the applicant’s discharge based on a diagnosis of separation anxiety disorder as a personality disorder. In light of the above findings, the Board finds that it is...
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Also on January 31, 2001, the CO recommended to the Coast Guard Personnel Command (CGPC) that the applicant be honorably discharged for unsuitability, in accordance with Article 12.B.16., based on his diagnosed personality and adjustment disorders. of the Coast Guard Instruction for completing discharge forms states that a member’s DD 214 should show a separation code and reenlistment code “as shown in the SPD Handbook or as stated by [CGPC] in the message granting discharge authority.” The...
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He was honorably discharged on January 13, 2003, by reason of personality disorder, with a JFX (personality disorder) separation code and an RE-4 reenlistment code. He stated that he should not have been in the Coast Guard. In this regard, he agreed with CGPC that the applicant's record should be corrected by issuing a new DD Form 214 to show that he was discharged by reason of convenience of the government, due to a condition not a disability, with a JFV (condition not a disability)...
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of the Coast Guard Instruction for completing discharge forms states that a member’s DD 214 should show a separation code and reenlistment code “as shown in the SPD Handbook or as stated by [CGPC] in the message granting discharge authority.” The narrative reason for separation on the DD 214 must be whatever is specified by CGPC. The record indicates that the applicant was discharged due to a diagnosed adjustment disorder, not a personality disorder. Therefore, the Board agrees with the...
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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...