DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2003-015
Xxxxxxxxxxxxxxxxxxxxxxx
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FINAL DECISION
ANDREWS, Deputy Chair:
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 application in this case was
received on February 16, 2001. The BCMR first docketed the case on September 12,
2001, as docket number 2001-127, upon receipt of the applicant’s military records from
the National Personnel Record Center. On February 15, 2002, the case was administra-
tively closed and referred to the Coast Guard’s Discharge Review Board (DRB) when
the Chief Counsel of the Coast Guard informed the Chair that all of the record correc-
tions sought by the applicant fell within the jurisdiction of the DRB and that the appli-
cant had not exhausted his administrative remedies by applying to the DRB before
applying to the BCMR, as required under the BCMR’s rules at 33 C.F.R. § 52.13(b).
However, in November 2002, the DRB notified the BCMR that it did not, in fact, have
jurisdiction over the case, purportedly because medical issues that could theoretically
result in money being owed to the applicant are involved. Therefore, the BCMR
redocketed the case on November 25, 2002.
members who were designated to serve as the Board in this case.
This final decision, dated October 30, 2003, is signed by the three duly appointed
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a former seaman apprentice (SA) who was honorably discharged
from the Coast Guard on November 5, 1999, asked the Board to correct his discharge
form (DD 214) by upgrading his narrative reason for separation from “Personality Dis-
order” to “something reflecting an Honorable character of service”; by similarly
upgrading his separation code from JFX, which denotes an involuntary discharge due
to a personality disorder; and by upgrading his reenlistment code from RE-4 (ineligible
for reenlistment). The applicant alleged that the narrative reason for separation,
separation code, and reenlistment code on his DD 214 do not reflect the honorable
character of his service.
SUMMARY OF THE RECORD
On July 21, 1998, the applicant enlisted in the Coast Guard and began boot camp.
Prior to enlisting, he had completed a Report of Medical History, on which he stated
that he had never been treated for a mental condition and had never suffered from anxi-
ety or depression. On August 31, 1998, while still in boot camp, the applicant sought
treatment for symptoms of depression, including loss of motivation, lack of energy, and
feeling useless. He said that he wanted to leave the Service. A psychologist diagnosed
him with an “Adjustment Disorder with Depressed Mood,”1 found him fit for duty, and
referred him for stress management training.
In October 1998, the applicant was assigned to a cutter. On February 1, 1999, he
was counseled about being disrespectful to a second class petty officer and awarded 20
hours of extra duty. On his performance evaluation dated February 28, 1999, he
received two marks of 2 (on a scale of 1 to 7, with 7 being best) in the various perform-
ance categories, four marks of 3, nine marks of 4, and a satisfactory conduct mark.
On August 31, 1999, the applicant received three marks of 2 on his second per-
formance evaluation. These marks were documented on an administrative entry (“page
7”), which stated that he had failed to qualify as a security watchstander after eight
months, when qualifying within three months is usual; that he had been transferred
from the engineering department to the deck department in June 1999 because of a lack
of interest and ability; and that he had then shown no potential to qualify as a
helm/lookout watchstander. The page 7 also stated that he “consistently disrupted the
workplace with his lack of commitment towards his duties,” responded with apathy
when counseled and given a second chance, and frequently challenged his supervisors
when given new taskings. Another page 7 in the applicant’s record documents his
receipt of an unsatisfactory conduct mark on this evaluation “due to nonconformance to
military rules, regulations, and standards.” The cutter’s executive officer (XO) noted
that the applicant “has an obvious lack of enthusiasm and shows no commitment to any
job he does.”
On September 13, 1999, the XO sent the applicant for a mental evaluation
because of his poor performance. The applicant told the psychologist that he had deter-
mined that “the military life is not for him” and wanted to leave the service but that he
1 Adjustment disorders are psychological responses to identifiable stressors that result in the develop-
ment of clinically significant emotional or behavioral symptoms. Adjustment disorders must resolve
within six months of the termination of the stressor but may persist if the stressor is chronic or has
enduring consequences. Adjustment disorders are not personality disorders. American Psychiatric
Association, DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, FOURTH EDITION, TEXT
REVISION (2000) (DSM-IV-TR), p. 679. The Coast Guard relies on the DSM when diagnosing members
with psychological conditions. See Coast Guard Medical Manual (COMDTINST M6000.1B), Chap. 5.B.1.
was concerned about the effect that leaving before the end of his enlistment would have
on his future. The doctor diagnosed him with an “Adjustment Disorder,” found him fit
for duty, and stated that he would discuss the matter with the XO.
On September 20, 1999, the applicant’s commanding officer (CO) informed him
that he was initiating action to discharge him because he had been diagnosed with “an
adjustment disorder rendering you unsuited for further military service.” The CO
informed him that he was recommending that the applicant receive an honorable dis-
charge and an RE-4 reenlistment code, which would make him ineligible to reenlist. He
also informed the applicant that he was entitled to submit a statement on his own
behalf.
did not object to being discharged. His statement appears as follows:
On September 22, 1999, the applicant submitted a statement indicating that he
I [name] was informed by the commanding officers of the [cutter] that due to psychiatric
reasons not suitable for the criteria of the military and the standards of the boat. [sic]
That I would see a medical professional for these same reasons listed above in regard to
my honorable discharge from the service. [sic] I also state that there are military related
medical issues that are self evident that are in relation to a military mind set. I hereby
state that all the following information under the United States UCMJ is true. [sic]
On September 27, 1999, the applicant’s command sent him for a psychiatric eval-
uation because of his “failure to adapt to CG expectations, failure to become qualified,
poor interpersonal relations, and some anxiety and depressed symptoms.” Dr. T, a psy-
chiatrist in the U.S. Public Health Service, described the applicant as “morose” with
“vague or evasive” thoughts. He stated that the applicant “recognizes he is in trouble”
but was “not blaming others.” Dr. T reported that the applicant admitted that he had
been treated by a psychologist in 1996 for depression. He also reported that the appli-
cant denied having hallucinations “[a]fter some prodding” but stated that he heard a
comforting hum and had short “black-outs,” anxiety, eye blinking, and feelings of
depersonalization and déjà vu. Dr. T diagnosed the applicant with an “Adjustment Dis-
order with Mixed Anxiety and Depressed Mood” and with “Schizoid and Schizotypal
Personality traits,” but he reported that the applicant demonstrated “no ratable [mental
health] disorder.” He stated that the applicant’s “[p]ersonality characteristics make suc-
cessful adaptation to military not possible and predispose [him] to stress and depressive
symptoms in cutter. Should no organic cause of his symptoms be discovered, then
administrative separation by PERSMAN 12-B would be warranted.” Dr. T further
reported that the applicant was “[m]entally responsible to adhere to the right and can
understand [the discharge] action contemplated.”
On September 30, 1999, the CO requested authority to discharge the applicant
under Article 12.B.16.b.(2) of the Personnel Manual with an honorable discharge and an
RE-4 reenlistment code because of the applicant’s diagnosed adjustment disorder. He
stated that
[s]ince reporting aboard, [the applicant] has had difficulty adjusting to the military life-
style and life onboard a ship. He fails to consistently perform at a satisfactory level. He
has failed to qualify at any of his assigned watch stations and is frequently distressed and
distracted. Upon reporting aboard, he was assigned to the engineering department, but
had difficulty at his assigned duties and working with others. In July 99, he was reas-
signed to the deck department, but his performance and interpersonal relations difficul-
ties persisted.
On October 7, 1999, the Coast Guard Personnel Command (CGPC) ordered the
CO to discharge the applicant, in accordance with Article 12.B.16., no later than Novem-
ber 5, 1999, with a separation code of JFX, which denotes an involuntary discharge due
to a personality disorder.
On October 29, 1999, the applicant was referred for another psychiatric evalua-
tion because he was found talking to himself and his behavior was strange. The appli-
cant told Dr. T that he could feel spiritual forces that others could not. Dr. T diagnosed
him with a “Schizotypal Personality Disorder”2 but noted that the existence of an
“organic brain pathology” or “psychotic transformation” needed to be ruled out. He
also noted that the applicant was “[a]t higher risk for transfer to psychotic [disorder]
than his peers.” Although Dr. T ordered a “sleep-deprived” electro-encephalogram
(EEG) of the applicant’s brain, no EEG results are in the record. Dr. T found the appli-
cant to be “fit for discharge.”
Six days later, on November 5, 1999, the applicant was honorably discharged
with a JFX separation code, an RE-4 reenlistment code, and “Personality Disorder” as
the narrative reason for separation.
In January 2000, the applicant sought psychiatric treatment. The psychiatrist
found that he was “paranoid, psychotic, and angry.” On June 16, 2000, the applicant
2 According to the DSM-IV-TR, a someone with a “schizotypal personality disorder” experiences “a
pervasive pattern of social and interpersonal deficits marked by acute discomfort with, and reduced
capacity for, close relationships as well as by cognitive or perceptual distortions and eccentricities of
behavior. This pattern begins by early adulthood and is present in a variety of contexts.” DSM-IV-TR, p.
697. Family and adoption studies indicate that schizotypal personality disorder is part of “schizophrenia
spectrum,” along with schizoaffective disorder. Id. at 309.
was diagnosed with a “Delusional Disorder, Persecutory Type”3 and a “Psychotic Dis-
order, NOS [not otherwise specified].”4
On January 2, 2001, the applicant filed a claim with the Department of Veterans
Affairs (DVA) seeking disability benefits. The DVA found that his mental condition,
which had been diagnosed as “Schizoaffective Disorder”5 was service-connected, and it
awarded him a 30 percent disability rating effective January 2, 2001. The DVA found
that his service in the Coast Guard did not cause the disorder and that the disorder
existed prior to his enlistment, but that his service likely “exacerbate[d] it or cause[d] it
to present perhaps earlier or in a more difficult way for him.”
3 “Delusional disorder, persecutory type” is a psychotic disorder (rather than a personality disorder)
characterized by delusions of persecution but with no prominent auditory or visual hallucinations. DSM-
IV-TR, p. 323-25. All psychotic disorders are considered physical disabilities by the Coast Guard.
4 “Psychotic disorder, NOS” is a diagnosis made “if insufficient information is available to choose
between Schizophrenia and other Psychotic Disorders (e.g., Schizoaffective Disorder).” DSM-IV-TR, p.
311.
5 “Schizoaffective disorder” is a psychotic disorder that is characterized by the symptoms of schizo-
phrenia, such as delusions, hallucinations, disorganized speech, and grossly disorganized or catatonic
behavior, plus a major depressive and/or manic disorder. The typical age at onset is early adulthood,
and it is sometimes preceded by a schizoid, schizotypal, borderline, or paranoid personality disorder.
DSM-IV-TR, p. 319-21. Family and adoption studies indicate that schizoaffective disorder is part of
“schizophrenia spectrum,” along with schizotypal personality disorder. Id. at 309.
VIEWS OF THE COAST GUARD
On November 14, 2002, the Chief Counsel of the Coast Guard submitted an advi-
sory opinion recommending that the Board deny the requested relief for lack of merit.
The Chief Counsel argued that the applicant’s record “is replete with documen-
tation of unsuitability during his service in the Coast Guard.” He stated that the appli-
cant had not presented sufficient evidence to overcome the presumption that his Coast
Guard doctors and his chain of command had acted lawfully, correctly, and in good
faith in diagnosing and discharging him. Arens v. United States, 969 F.2d 1034, 1037
(Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 1979). Moreover, he
argued that the Coast Guard had acted in accordance with Article 12.B.16.h. of the Per-
sonnel Manual in that the applicant was diagnosed by a psychiatrist prior to his dis-
charge and was found to have no ratable disabilities, to know right from wrong and be
able to adhere to the right, and to understand why he was being discharged. The Chief
Counsel argued that an adjustment disorder with schizoid and schizotypal personality
traits counts as a personality disorder under Chapter 5.B. of the Medical Manual and
that both adjustment and personality disorders are grounds for administrative separa-
tion.
The Chief Counsel pointed out that the applicant received all due process under
Article 12.B.16.d. of the Personnel Manual and that he did not object to being separated.
He also pointed out that if the applicant had answered questions about his history of
mental health treatment on his pre-enlistment forms accurately, he could have been
rejected for enlistment.6
In addition, the Chief Counsel stated that the applicant is misconstruing the
meaning of his RE-4 and JFX codes and the narrative reason for separation on his DD
214. The Chief Counsel stated that the applicant’s DD 214 accurately reflects the cause
of his discharge and that a mental health disorder “is not to be confused with dishonor.
In fact, there is nothing on his DD 214 to reflect anything but Honorable service.” He
alleged that, under COMDTINST M1900.4D, a member receiving a JFX separation code
automatically receives an RE-4 reenlistment code unless an RE-3G code is authorized by
the Commandant, which did not happen in the applicant’s case.
him to respond. No response was received.
The BCMR sent the applicant a copy of the views of the Coast Guard and invited
APPLICABLE LAW
6 In addition, the Chief Counsel pointed out that in 1997, the applicant was denied entry in the Air Force
because of his entrance medical examination and yet stated on his application to the Coast Guard that he
had never been rejected for military service because of a physical, mental, or other reason.
Administrative Separations for Unsuitability
Article 12.B.16 of the Coast Guard Personnel Manual (PM) authorizes enlisted
personnel to be discharged by reason of unsuitability at the direction of the Comman-
dant for several reasons, including inaptitude, personality disorders, apathy, defective
attitudes, and inability to expend effort constructively. 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. The list includes paranoid, schizoid, and schizotypal per-
sonality disorders and “[p]ersonality trait(s) considered unfitting per paragraph 3-F-
16.c.” That paragraph states the following:
Personality, sexual, factitious, psychoactive substance use disorders; personality trait(s);
disorders of impulse control not elsewhere classified. These conditions may render an
individual administratively unfit 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).
Chapter 5.B.3 of the Medical Manual states that adjustment disorders “are gener-
ally 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] as nec-
essary.” Chapter 3.F.16.d 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 treat-
ment, administrative separation should be recommended (see Section 5-B).”
Article 12.B.16.d. of the Personnel Manual provides that every member dis-
charged for unsuitability under the article shall be notified of the reason he is being con-
sidered for discharge and shall be allowed to submit a statement on his own behalf.
PM Article 12.B.16.h. provides that when a member is being considered for dis-
charge for unsuitability and psychiatric considerations are involved, the member
should be examined by a psychiatrist, if available, and “[h]is 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.”
Under paragraph 4.d.(7) of COMDTINST 1910.1, members discharged for
unsuitability under PM Article 12.B.16. are not eligible for separation pay.
Physical Disability Separations
Chapter 5.B.7. of the Medical Manual states that schizoaffective disorder and
psychotic disorder NOS are disqualifying for military service and that members with
these conditions should be evaluated by medical boards and processed for separation
by reason of physical disability under the Physical Disability Evaluation System (PDES).
Chapter 2.C.2.a. of the PDES Manual (COMDTINST M1850.2C) provides that the
“sole standard” for “making determinations of physical disability as a basis for retire-
ment or separation shall be unfitness to perform the duties of office, grade, rank or rat-
ing because of disease or injury incurred or aggravated through military service.”
Title 10 U.S.C. § 1201 provides that a member who is found to be “unfit to per-
form the duties of the member’s office, grade, rank, or rating because of physical dis-
ability incurred while entitled to basic pay” may be retired if the disability is (1) perma-
nent and stable, (2) not a result of misconduct, and (3) for members with less than 20
years of service, “at least 30 percent under the standard schedule of rating disabilities in
use by the Department of Veterans Affairs at the time of the determination.” Title 10
U.S.C. § 1203 provides that such a member whose disability is rated at only 10 or 20
percent under the VASRD shall be discharged with severance pay.
Separations for Misconduct
Chapter 2.C.5.a. of the PDES Manual provides that “clear and convincing evi-
dence is required to establish the existence of any injury or disease before a member’s
entrance into the Coast Guard.” Chapter 2.B.4. provides that “[i]njury or disease is pre-
sumed to be incurred in the line of duty. The presumption stands unless rebutted by
clear and convincing evidence.”
Chapter 2.B.1. and 3. state that members are presumed to be fit for duty when
they enter the Coast Guard and that “[a]ny increase in the degree of a preservice
impairment which occurs during active service is presumed to be due to aggravation
unless it is shown to be due to the natural progression of the disease or injury which
existed prior to entry on active duty.” Chapter 2.C.5.b. states that “[w]hen accepted
medical principles establish the existence of an impairment prior to entrance into serv-
ice, no other corroborating evidence is necessary.” This provision includes psychiatric
conditions when the evaluee’s recall of his medical history prior to enlistment is credi-
ble or if there is clear and convincing corroborative evidence. Chap. 2.C.5.b.(3). Chap-
ter 2.C.6.a. states that “[a]ggravation during Coast Guard service may not be found
when the medical evidence confirms the increase in disability to be due solely to the
natural progression of a disease or injury which is confirmed to have existed prior to
entry.”
Article 12.B.18.b.(2) of the Personnel Manual authorizes CGPC to discharge a
member for misconduct upon discovery that the member “[p]rocure[d] a fraudulent
enlistment, induction, or period of active service through any deliberate material mis-
representation, omission or concealment which, if known at the time, might have
resulted in rejection.” It goes on to specifically encompass the concealment of the mem-
ber’s pre-enlistment medical history. PM Article 12.B.18.a. states that the discharge may
be honorable, general, or other than honorable.
Completing the DD 214
Article 1.E. of the COMDTINST M1900.4D 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 [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
SPD
Code
JFX
Narrative Reason
for Separation
Personality
Disorder
RE Code
RE-4 or
RE-3G
Separation
Authority
12.B.16.
JFN
JFV
Disability, Existed
Prior to Service,
Medical Board
Condition, Not a
Disability
RE-3P
12.B.15.
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.
Involuntary discharge [by direction] for physical
disability which existed prior to entry on active duty and
was established by a medical board.
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.)
Under Article 12.B.4. of the Personnel Manual, a member’s commanding officer
has authority to decide which of the permissible RE codes listed in the SPD Handbook
the member is assigned. However, under PM Article 1.G.5., members may only be
eligible to reenlist if their average evaluations marks in each performance category are
at least a three. An RE-3 code means that the member is eligible except for a
disqualifying factor, which is denoted by the attached letter.
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:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
§ 1552. The application was timely.
1.
2.
3.
The record indicates that, prior to the applicant’s discharge, he was diag-
nosed first with an adjustment disorder with depressed mood during boot camp in
August 1998; second, with an adjustment disorder with schizoid and schizotypal per-
sonality traits in September 1999; and third, with a schizotypal personality disorder in
October 1999. On September 27, 1999, Dr. T, the psychiatrist who examined him for the
Coast Guard, recommended that an “organic cause” of the applicant’s symptoms be
investigated. On October 29, 1999, Dr. T noted that the applicant’s symptoms,
including his talking to himself and feeling “spiritual forces” around him, might be the
result of an “organic brain pathology” or “psychotic transformation” and that these
possibilities should be investigated. However, Dr. T found him “fit for discharge,” and
six days later, the applicant was administratively discharged based on his previously
diagnosed adjustment disorder. Two months later, the applicant was found to be
psychotic, and his current diagnosis is schizoaffective disorder, which is a psychosis
and physical disability that normally entitles a member to PDES processing and a
disability separation. Medical Manual, Chapter 5.B.7.
The American Psychiatric Association’s Diagnostic and Statistical Manual,
which is used by the Coast Guard to diagnosis members’ mental conditions, states that
a diagnosis of schizotypal personality disorder is sometimes a precursor to schizoaffec-
tive disorder.7 In light of Dr. T’s findings on October 29, 1999, and the fact that the
applicant was diagnosed as psychotic about two months after his discharge, the Board
finds that the symptoms that caused the applicant’s discharge were in fact attributable
to his incipient psychosis rather than to a permanent personality disorder. Although
the Coast Guard apparently was not certain, at the time of the applicant’s discharge,
that he was becoming psychotic, the Coast Guard was aware that his symptoms might
be due to a “psychotic transformation.” In other words, the Coast Guard knew that,
rather than having merely a personality disorder, the applicant might have an incipient
psychosis.
Hindsight is 20/20, however, and the Coast Guard could not know for
sure, at the time of the applicant’s discharge, that he was developing a physical disabil-
ity—schizoaffective disorder. The Diagnostic and Statistical Manual does not state that all
people diagnosed with schizotypal personality disorders develop a psychosis.8 When a
psychiatrist diagnoses a member with a schizotypal personality disorder that interferes
with his performance of duty, the member may be administratively discharged with a
JFX separation code, an RE-4 reenlistment code, and “Personality Disorder” as the nar-
7 DSM-IV-TR, p. 321.
8 See Id. at 697-701.
4.
5.
6.
rative reason for reenlistment. PM Article 12.B.16.; Medical Manual, Chap. 5.B.; SPD
Handbook. Because the record shows that the applicant was diagnosed with a person-
ality disorder that strongly interfered with his performance of duty and that he received
all due process under PM Article 12.B.16., the Board concludes that, given the knowl-
edge available at the time, the Coast Guard committed no error in discharging him and
assigning him an RE-4 reenlistment code.
The BCMR’s mandate is not limited to correcting errors, however, but
includes correcting injustices found in members’ military records. Therefore, although
the Coast Guard did not violate any regulations in discharging the applicant under PM
Article 12.B.16., the Board must decide whether his DD 214 contains an injustice in light
of the fact that the applicant was, at the time of his discharge, suffering from incipient
schizoaffective disorder (a disability) rather than a permanent personality disorder.
“Personality Disorder” is the only narrative reason for separation in the
SPD Handbook that constitutes a medical diagnosis. Members discharged for any med-
ical (physical or psychological) condition other than a diagnosed personality disorder
receive a non-specific narrative reason for separation, such as “Disability” or “Condi-
tion, Not a Disability.” Given that the applicant actually had an incipient psychosis at
the time of his discharge rather than a permanent personality disorder, the Board finds
that the JFX separation code and narrative reason for separation on his DD 214 are, in
hindsight, inaccurate and unjust. Although there are a limited number of separation
codes available to the Coast Guard in the SPD Handbook, it is extremely important for
veterans’ discharge papers to be accurate, fair, and not unnecessarily prejudicial. There-
fore, the Board finds that the applicant’s separation code and narrative reason for sep-
aration should be corrected to reflect the fact that the true cause of his discharge was his
incipient psychosis (“Disability”) rather than “Personality Disorder.”
On September 27, 1999, the applicant admitted to Dr. T that he had been
treated for depression in 1996, prior to his enlistment. The record indicates that the
applicant failed to disclose this important fact on his application for enlistment.9 Dis-
closure of his prior treatment for depression might have precluded his enlistment. The
record also indicates that the applicant himself acknowledged that his mental condition
was already interfering with his performance of duty on August 31, 1998, just six weeks
after his enlistment on July 21, 1998. In light of this evidence, the Board is convinced
that the applicant’s symptoms of incipient psychosis began prior to his enlistment. See
PDES Manual, Chap. 2.C.5.b. His mental disability was incurred prior to his enlistment.
7.
9 The Board notes that the applicant could have been discharged for fraudulent enlistment under Article
12.B.18.b.(2) of the Personnel Manual.
8.
Although the DVA concluded that the applicant’s condition was probably
aggravated or accelerated by his service, the Board finds insufficient evidence in the
record to conclude that his service aggravated or accelerated the onset of his
psychosis.10 There is no evidence of any traumatic incidents that could have aggravated
or accelerated his condition. His evaluation reports and the statement of the applicant’s
CO on September 30, 1999, indicate that there was no significant decline in the
applicant’s performance and that his job performance was uniformly unsatisfactory
throughout his year on the cutter. Moreover, Chapters 2.B.3. and 2.C.6.a. of the PDES
Manual preclude a finding of aggravation when the increase in disability, if any, is
attributable to the natural progression of a disease which is confirmed to have existed
prior to entry.
9.
The Board finds that the applicant’s DD 214 should be corrected by chang-
ing his narrative reason for reenlistment to “Disability, Existed Prior to Service” to bet-
ter and less prejudicially reflect his actual medical status at the time of his discharge.
Although such determinations are normally made by a medical board, no medical
board was required prior to the applicant’s discharge because his incipient disability
was only a matter of speculation at the time. The authority to be cited for disability dis-
charges is Article 12.B.15. of the Personnel Manual, and the corresponding separation
code under the SPD Handbook is JFN. The only allowable reenlistment code for a dis-
ability discharge is RE-3P, which means that the veteran is not eligible for reenlistment
unless he can prove to the satisfaction of the Coast Guard that he no longer has a mental
disability that might interfere with his performance of duty.
10. Accordingly, the Board should grant relief by correcting the applicant’s
DD 214 to show that he was discharged under Article 12.B.15. of the Personnel Manual
with separation code JFN, reenlistment code RE-3P, and “Disability, Existed Prior to
Service” as his narrative reason for separation.
10 In a BCMR case, the burden of proof for each element of the case rests with the applicant. 33 C.F.R.
§ 52.24(b).
The application of former xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correc-
ORDER
tion of his military record is granted as follows:
Block 25 on his DD 214 shall be corrected to show that he was discharged under
the authority of Article 12.B.15. of the Personnel Manual (COMDTINST M1000.6A).
Block 26 shall be corrected to show that he received the separation code JFN.
Block 27 shall be corrected to show that he received reenlistment code RE-3P.
Block 28 shall be corrected to show “DISABILITY, EXISTED PRIOR TO
SERVICE” 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.
_______________________________
Janis Monk
_______________________________
Dorothy J. Ulmer
_______________________________
Thomas H. Van Horn
CG | BCMR | Discharge and Reenlistment Codes | 2001-072
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...
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...
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 | Discharge and Reenlistment Codes | 2009-211
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...
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 | 2005-084
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)...
CG | BCMR | Discharge and Reenlistment Codes | 1999-037
She was advised that “[a]ny further incidents will result in further administrative action.” On May 6, 199x, the applicant was evaluated by Dr. z, the Senior Medical Officer at XXX xxxxxxx Health Services, at the request of her commanding officer following a “continuous pattern of inappropriate behavior.” Dr. z reported the following based on his examination and information provided by her command: [The applicant’s] behavior has been observed declining over the past year and she has become...
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 | 2005-158
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 | 2001-104
The Board determined that because of her diagnosed PTSD, the applicant was erroneously denied evaluation by a medical board under the Physical Disability Evaluation System. provides that personality disorders, including “Personality Disorder NOS,” qualify a member for administrative discharge pursuant to Article 12 of the Personnel Manual instead of medical board processing. Adjustment disorders are not personality disor- ders.11 Therefore, and as stated in finding 8, above, it would be...