DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2001-072
FINAL DECISION
ANDREWS, Attorney-Advisor:
This proceeding was conducted under the provisions of section 1552 of title 10
and section 425 of title 14 of the United States Code. The BCMR docketed the
application for correction on April 12, 2001, upon receipt of the applicant’s completed
application and military records.
members who were designated to serve as the Board in this case.
This final decision, dated February 28, 2002, is signed by the three duly appointed
RELIEF REQUESTED
The applicant, a former seaman apprentice (SA; pay grade E-2) in the Coast
Guard, asked the Board to correct his military record by upgrading the reenlistment code
on his discharge form (DD 214) from RE-4 so that he would be eligible to reenlist. He
was discharged on March 21, 2001, with an RE-4 reenlistment code (ineligible for
reenlistment), a JFX separation code (unsuitable for service due to a personality
disorder), and “Personality Disorder” as the narrative reason for separation shown on his
DD 214.
APPLICANT’S ALLEGATIONS
The applicant alleged that he was assigned an RE-4 through no fault of his own.
He alleged that he was suffering from depression and was encouraged to request a
discharge. He alleged that although he requested the discharge, he had no intention of
staying out of the military permanently and now cannot reenlist. He alleged that he
discussed the matter with the executive officer of his cutter, but that officer must have
misunderstood his intention.
SUMMARY OF THE RECORD
On , the applicant enlisted in the Coast Guard for a term of four years.
After completing boot camp, he was assigned to a cutter. The applicant had difficulty
adjusting to shipboard life and sought treatment through the Coast Guard’s Employee
Assistance Program.
He began attending counseling sessions with a clinical
psychologist. After he had exhausted his permitted number of counseling sessions, the
psychologist recommended that he be allowed to continue therapy.
On , with the applicant’s agreement, the clinical psychologist
reported to his command that “[a]t best, this is a chronic adjustment disorder with periods
of intense anxiety and depression. At worst, he is experiencing a syndrome referred to as
schizotypal[1] disorder, which has more of a long-term impact on social, vocational and
personal adjustment. Because of the severity of the potential impact on his career if the
diagnosis is overstated, I am led to diagnose a moderately severe adjustment disorder at
this time.”
On , the applicant was seen by another clinical psychologist because he
was feeling stressed and depressed. The psychologist diagnosed him with another
adjustment disorder, “depressed mood,” and
that he continue
psychotherapy.
recommended
On , the applicant submitted the following statement to his command:
In my short stint in the service, I have worked to the best of my
ability. It’s been difficult for me at times on the boat to deal with
shipboard life. To explain in detail all my reasons would be ineffec-
tual because many of my concerns I can’t change. With respect to
all parties concerned, I request discharge.
On , the applicant underwent a medical evaluation pursuant to his
possible discharge. He told his cutter’s health specialist that he was suffering from bouts
of depression, anxiety, and mood swings. He stated that sometimes he felt well but
sometimes felt afraid to stand watches. He indicated that he was not having suicidal
ideations but sometimes “wanted to cut his face off.” He reported that his mother was bi-
polar.
1 Schizotypal personality disorder is a “pervasive pattern of social and interpersonal deficits
marked by acute discomfort with, and reduced capacity for, close relationship as well as by
cognitive or perceptual distortions and eccentricities of behavior, beginning by early adulthood
and present in a variety of contexts ... .” American Psychiatric Association, DIAGNOSTIC AND
STATISTICAL MANUAL OF MENTAL DISORDERS, FOURTH ED., TEXT REV. (DSM-IV-TR) (Washington,
D.C., 2000). The diagnosis may be made when the person experiences at least five of nine
described symptoms.
At the bottom of the health specialist’s notes, a doctor who was not a psychiatrist
wrote that he had “reviewed psych consult,” diagnosed the applicant with “schizotypal
disorder,” and “recommend[ed] admin[istrative] separation” since the condition was not a
physical disability. The extent to which the doctor actually examined and spoke with the
applicant is unclear.
On January 31, 2001, the applicant’s commanding officer (CO) formally notified
him that he was initiating his discharge under Article 12.B.16. of the Personnel Manual
because of his “inability to adjust to military life and duly diagnosed adjustment and
personality disorders.” The CO also notified him that he was entitled to submit a
statement on his own behalf. The applicant signed a statement acknowledging the
notification and indicating that he did not object to being discharged. He submitted a
copy of the letter he had written on January 28, 2001.
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. The CO wrote that he believed the conditions would persist and that treatment
would be ineffective.
On February 27, 2001, CGPC ordered the CO to discharge the applicant, in
accordance with Article 12.B.16., no later than March 21, 2001, with a separation code of
JFX (personality disorder). The applicant was discharged on March 21, 2001, with the
JFX separation code, an RE-4 reenlistment code, and “Personality Disorder” as the
narrative reason for separation.
On June 26, 2001, after the applicant filed his BCMR application, CGPC asked a
psychiatrist to review his military medical record. The psychiatrist wrote that the record
“supports diagnosis of personality disorder made by [the first clinical psychologist on
, and by the doctor on ].”
On September 14, 2001, the Chief Counsel of the Coast Guard submitted an
advisory opinion recommending that the Board deny the requested relief for lack of
merit.
The Chief Counsel argued that the applicant had “no absolute legal right to
remain in the service until the expiration of his enlistment” and could be appropriately
administratively discharged before that time. Giglio v. United States, 17 Cl. Ct. 160, 166
(1989). He also argued that, “[a]bsent strong evidence to the contrary,” the Board must
presume that the Coast Guard officers involved in the applicant’s discharge “carried out
their duties correctly, lawfully, and in good faith.” Arens v. United States, 969 F.2d 1034,
1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 1979). He
argued that the applicant had not submitted sufficient evidence to prove by a
VIEWS OF THE COAST GUARD
preponderance of the evidence that the Coast Guard committed any material error or
injustice in discharging him with a JFX separation code and an RE-4 reenlistment code.
The Chief Counsel alleged that the only error that occurred in processing the
applicant for discharge was that the doctor who evaluated him on , failed to write
in his report that the applicant was “mentally responsible” and able “to distinguish right
from wrong and to adhere to the right” and that he had “the mental capacity to understand
the action being contemplated,” as required under Article 12.B.16.h. However, the Chief
Counsel argued, the error was harmless because the applicant’s competency was not then
and is not now in question. Moreover, the Chief Counsel pointed out, the psychologist
who examined the applicant on , reported that the applicant had “adequate
judgment; no memory impairment; congruent thought control; coherent thought process,
... etc.”
The Chief Counsel alleged that there is no evidence in the record that the
applicant’s personality disorder is not a permanent condition and no basis for changing
the nature of his discharge. He pointed out that the applicant did not allege that he had
been denied due process or that he did not have a personality disorder: he only asked for
his RE code to be upgraded, and he submitted no evidence to support an upgrade.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On September 17, 2001, the BCMR sent the applicant a copy of the views of the
Coast Guard and invited him to respond within 15 days. No response was received.
APPLICABLE LAW
Article 12.B.16. of the Coast Guard Personnel Manual authorizes enlisted
personnel with diagnosed personality disorders that are listed in Chapter 5 of the Medical
Manual to be discharged by reason of unsuitability at the direction of the Commandant.
Chapter 5.B.2 of the Medical Manual lists personality disorders that qualify a
member for administrative discharge pursuant to Article 12.B. of the Personnel Manual.
The list includes schizotypal personality disorders. Chapter 3.F.16.c provides that per-
sonality disorders “may render an individual administratively unfit [for duty] rather than
unfit because of a physical impairment. Interference with performance of effective duty
will be dealt with through appropriate administrative channels (see Section 5-B).”
Adjustment disorders are not included among the personality disorders listed in
Chapter 5.B.2. of the Medical Manual. Chapter 5.B.3 of the Medical Manual states that
adjustment disorders “are generally treatable and not usually grounds for separation,” but
that members with adjustment disorders may be administratively discharged “when these
conditions persist or treatment is likely to be prolonged or non-curative (e.g. inability to
adjust to military life …).” 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 12.B.16.d. of the Personnel Manual provides that every member
discharged under the article shall be notified of the reason for he is being considered for
discharge and shall be allowed to submit a statement on his own behalf.
Article 12.B.16.h. provides that every member “under consideration for discharge
for unsuitability must have a physical examination performed by a Public Health Service
or Armed Forces medical officer. If one is not available locally, a contract physician may
perform the exam.” In addition, “when psychiatric considerations are involved, the
medical officer should be a psychiatrist, if available. His or her report will include [a
statement about whether the member has a physical disability] and a statement whether
the individual was and is mentally capable both to distinguish right from wrong and
adhere to the right and has the mental capacity to understand the action being
contemplated in his or her case.”
Article 1.E. 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.
reasons for separation which might apply to the applicant’s case:
The SPD Handbook includes the following combinations of codes and narrative
Under Article 12.B.4. of the Personnel Manual, a member’s commanding officer
has authority to decide which of the permissible RE codes list in the SPD Handbook the
member is assigned.
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
1.
of title 10 of the United States Code. The application was timely.
SPD
Code
JFX
Narrative Reason
for Separation
Personality
Disorder
RE Code
RE-4 or
RE-3G
Separation
Authority
12.B.16
JFV
Condition, Not a
Disability
RE-4 or
RE-3G
12.B.12
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.)
2.
The applicant has not submitted any evidence to suggest that he is suitable
for military service or that his CO erred in determining that he is not suitable for further
military service. The preponderance of the evidence in the record indicates that the
applicant was unable to adapt to military life and that his mental state made him
unsuitable for military service. Members diagnosed with either a recurring depressed
mood (adjustment disorder) or with a schizotypal personality disorder may be
administratively discharged and assigned an RE-4 reenlistment code. Personnel Manual,
Article 12.B.16.; Medical Manual, Chapter 5.B.; SPD Handbook. Therefore, the Board
concludes that the Coast Guard committed no error is assigning the applicant an RE-4
reenlistment code.
The Board agrees with the Chief Counsel that the doctor’s failure to
certify that the applicant was “mentally responsible” and able “to distinguish right from
wrong and to adhere to the right” and that he had “the mental capacity to understand the
action being contemplated,” as required under Article 12.B.16.h. of the Personnel
Manual, was harmless. There is no evidence in the record that the applicant was mentally
incompetent, and a psychologist’s report dated , indicates that he was mentally
competent.
3.
4.
The applicant was evaluated twice by clinical psychologists who both
diagnosed him with an adjustment disorder. After he requested to be discharged, he was
sent to a doctor who was not a psychiatrist but who, on the basis of a single consultation
and review of the psychologists’ notes, diagnosed him with schizotypal personality
disorder. Nevertheless, on the basis of the doctor’s diagnosis, the applicant was assigned
the JFX separation code and “Personality Disorder” as the reason for his discharge on his
DD 214.
5.
In the Board’s experience, members assigned the separation code JFX
usually have been diagnosed by one or more psychiatrists with a personality disorder or a
chronic adjustment disorder that repeatedly leads to inappropriate behavior or misconduct
which fully supports their diagnoses.2 There is no evidence of misconduct or
inappropriate behavior in the applicant’s record. Furthermore, members correctly
assigned the separation code JFX often are given “Unsuitability” as a narrative reason for
2 See, e.g., BCMR Docket No. 2000-142 (member who made “suicidal gesture” by warning guard at
historic tower that he would use a dog collar and leash to hang himself off the top of the tower was
diagnosed with a personality disorder and discharged with a JFX separation code and narrative reason for
separation of “Personality Disorder”); BCMR Docket No. 1999-037 (member frequently exhibiting
inappropriate sexual behavior over period was twice diagnosed with “adjustment disorder with
disturbance of conduct” and discharged with JFX separation code and narrative reason for separation of
“Unsuitability”); BCMR Docket No. 1998-099 (member arrested for indecent exposure was diag-
nosed with narcissistic personality disorder and discharged with a GFX separation code (“involuntary dis-
charge approved by recommendation of a board when a personality disorder exists, not amounting to a
disability, which potentially interferes with assignment to or performance of duty”) and a narrative reason
for separation of “Unsuitability”; BCMR Docket No. 1997-097 (member suffering severe chronic
depression was diagnosed with passive-aggressive personality disorder and discharged with JFX separation
code and narrative reason for separation of “Unsuitability”).
separation even though the SPD Handbook permits only the use of “Personality
Disorder” with the separation code JFX.3
There are a limited number of separation codes available to the Coast
Guard; they cannot be tailor-made to reflect exactly the circumstances of each member’s
discharge. Therefore, members sometimes receive separation codes and narrative reasons
for separation that do not perfectly reflect the causes of their discharge. Nonetheless,
because civilian employers often demand to see former servicemembers’ DD 214s prior
to hiring them, it is extremely important for DD 214s to be fair and not to unduly tarnish
servicemembers’ records without just cause and substantial evidence.
The record indicates that the first clinical psychologist, who was the only
medical authority who had any significant opportunity to examine and diagnose the
applicant, considered the possibility that the applicant might have a schizotypal
personality disorder but instead diagnosed him with an adjustment disorder. The doctor
who made the diagnosis of schizotypal personality disorder after his command had
decided to discharge him was not a psychiatrist, saw the applicant only once, and
therefore presumably based his diagnosis on the psychologist’s notes, which the
psychologist himself had deemed insufficient to support the diagnosis. Moreover, there is
no evidence in the record that either of the psychologists who examined the applicant or
the doctor made a finding that he had experienced at least five of the nine symptoms of
schizotypal disorder, as required for a proper diagnosis under the American Psychiatric
Association’s Diagnostic and Statistical Manual of Mental Disorders.
In light of the findings 4, 5, 6, and 7, above, the Board finds that the Coast
Guard committed an injustice that “shocks the sense of justice” when it assigned the
applicant the JFX code and “Personality Disorder” as the narrative reason for separation
shown on his DD 214. The Coast Guard is certainly entitled to discharge a member
because he cannot adapt to military life or because he has a properly diagnosed
personality disorder. However, it is not fair for the Coast Guard to saddle a veteran with
the JFX code and “Personality Disorder” as a narrative reason for separation based on
such an uncertain diagnosis by a doctor who is not a psychiatrist with no evidence that
the applicant’s psychiatric condition, whatever it is, has caused him to commit any mis-
conduct or inappropriate behavior. CGPC’s attempt to buttress the thin medical evidence
in this record by having a psychiatrist review the applicant’s medical record and confirm
the doctor’s diagnosis after the applicant had been discharged has not convinced the
Board that the Coast Guard’s choice of separation code and narrative reason for
separation was accurate or fair.
6.
7.
8.
9.
The Board finds that, given the applicant’s diagnosed adjustment disorder,
inability to adapt to military life, and the provisions of the SPD Handbook, the Coast
Guard should have assigned him the JFV separation code for having a condition that
3 Id.; see also BCMR Docket No. 2001-020. Although the SPD Handbook was revised in 1994 to
remove “Unsuitability” as a proper narrative reason for separation, it apparently continues to be
used by some commands in lieu of “Personality Disorder.”
precludes military service but does not amount to a physical disability. In the alternative,
the Coast Guard could have ignored the SPD Handbook, as it has done in the past, and
assigned the applicant “Unsuitability” as a narrative reason for separation along with the
JFX separation code.
In light of the slim basis in the record for the applicant’s diagnosis of
schizotypal personality disorder, the Board finds that it would be in the interest of justice
to change the applicant’s separation code to JFV, his narrative reason for separation to
“Condition, Not a Disability,” and the separation authority shown on his DD 214 to
Article 12.B.12. of the Personnel Manual. However, as stated in finding 2, above, he has
not proved that the RE-4 code on his DD 214 is in error or unjust.
Accordingly, the applicant’s request to have his RE code upgraded should
be denied, but the alternative relief described in finding 10 should be granted.
10.
11.
[ORDER AND SIGNATURES ON FOLLOWING PAGE]
The application of , USCG, for correction of his military record is
granted as follows:
ORDER
Block 25 on his DD 214 shall be corrected to show that he was discharged under
the authority of Article 12.B.12. of the Personnel Manual (COMDTINST M1000.6A).
Block 26 shall be corrected to show that he received the separation code JFV.
Block 28 shall be corrected to show “CONDITION, NOT A DISABILITY” as the
narrative reason for separation.
The Coast Guard shall issue the applicant a new DD 214 with these corrections
made in the original (not by hand and not by issuing a DD 215).
No other relief is granted.
_______________________________
George J. Jordan
_______________________________
John A. Kern
_______________________________
David M. Wiegand
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 | 2003-015
PM Article 12.B.16.b authorizes unsuitability discharges for members diagnosed with one of the “personality behavior disorders … listed in Chapter 5, CG Medical Manual … .” Chapter 5.B.2 of the Medical Manual (COMDTINST M6000.1B) lists the person- ality disorders that qualify a member for administrative discharge pursuant to Article 12 of the Personnel Manual. of the Medical Manual states that schizoaffective disorder and psychotic disorder NOS are disqualifying for military service and...
CG | BCMR | Discharge and Reenlistment Codes | 2005-134
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...
CG | BCMR | Discharge and Reenlistment Codes | 2007-028
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 Personnel Manual and Medical Manual permit the separation of members with diagnosed adjustment disorders, as well as those with personality disorders, and the...
CG | BCMR | Discharge and Reenlistment Codes | 2005-158
Upon dis- charge from the hospital on September 23, 1994, the applicant was diagnosed with an adjustment disorder, 1 marital problems, and depression. The psychiatrist diagnosed him with a “personality disorder not otherwise specified, [with] borderline [and] dependent traits”;2 episodic alcohol abuse; and disorders. He is poorly motivated for continued military service.” The psychiatrist rec- ommended that the applicant be administratively discharged “for personality disor- der.” On...
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 | 2001-032
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. 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...
CG | BCMR | Discharge and Reenlistment Codes | 2005-002
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...
CG | BCMR | Discharge and Reenlistment Codes | 2005-082
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...
CG | BCMR | Disability Cases | 1999-050
PSYCHIATRIC DIAGNOSIS: DSM IV Axis I Axis II Axis III Axis IV (309.28) Adjustment disorder with anxious and depressed mood, manifested by severe dyspho- ria, feelings of hopelessness and helplessness and vague and fleeting suicidal ideation. On July 11, 199x, the applicant’s commanding officer recommended that she be discharged “by reason of convenience of the government due to medically determined adjustment disorder (a condition, not a physical disability which interferes with performance...