DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2003-079 
 
 

 

 
 

FINAL DECISION 

 
Ulmer, Chair: 
 
 
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  application  was 
docketed  on May  19, 2003,  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 January 22, 2004, is signed by the three duly appointed 

APPLICANT’S REQUEST 

 
 
 The applicant asked the Board to correct his military record to show that he was 
discharged from the Coast Guard by reason of physical disability rather than by reason 
of  personality  disorder.    He  further  requested  that  the  Board  upgrade  his  RE-4  (not 
eligible for reenlistment) reenlistment code to RE-1 (eligible for reenlistment). 
 
 
The applicant enlisted in the Coast Guard on August 3, 199x, and was honorably 
discharged  on  October  19,  xxxx,  by  reason  of  personality  disorder,  with  a  JFX 
(personality  disorder)  separation  code,  and  with  an  RE-4  reenlistment  code.    When 
discharged, he had served one year, two months, and 19 days on active duty.   
 
 

APPLICANT’S ALLEGATIONS 

 

 
The  applicant  alleged  that  the  RE-4  reenlistment  code  and  the  reason  for  his 
discharge are hindering him from obtaining gainful employment.  He stated that he has 
matured since his discharge.   
 
 
the following: 
 

In support of his application, he submitted a letter from his parents.  They stated 

[The  applicant]  got  married  soon  after  enlisting  in  the  Coast  Guard  and 
moved  his  wife  with  him  to  his  first  duty  station  .  .  .  They  immediately 
began  having  serious  marital  difficulties,  which  interfered  with  his  job 
performance.  . . . When his superiors counseled him, it was brought up 
that  [the  applicant]  had  taken  Ritalin  as  a  child  for  Attention  Deficit 
Disorder.  However, he stopped taking Ritalin around the age of 15 when 
he  no  longer  needed  it.    [The  applicant]  has  not  exhibited  any  signs  of 
Adult ADHD, and is  a functioning member of society, with  no need for 
Ritalin.  He was informed that any use of Ritalin after the age of 12 was a 
disqualifier  for  enlistment  in  the  Coast  Guard.    This  fact  was  never 
presented  to  him  at  the  time  of  enlistment  or  during  the  physical 
examination  prior  to  entering  the  Coast  Guard.    He  never  took  Ritalin 
while  serving  in  the  Coast  Guard.    His  military  record  indicates  that  he 
was  diagnosed  .  .  .  at  the  Naval  Branch  Clinic  Key  West  with  Adult 
ADHD,  but  was  not  medically  discharged.    There  appears  to  be  some 
question as to the legality of separating a member for this reason.  As a 
result of the reason for separation, [the applicant] has been having great 
difficulty obtaining gainful employment.   

 

SUMMARY OF THE RECORD 

The applicant enlisted in the Coast Guard on August 3, 199x.   

On January 24, xxxx, the applicant was counseled about arriving late to work and 

 
 
 
On January 15, xxxx the applicant was counseled on an administrative remarks 
 
(page  7)  entry  about his  failure  to  complete  DCPQS  training  in the  allotted  time.   He 
was given additional time but still failed to complete the training. 
 
 
was advised that any further tardiness could lead to disciplinary action. 
 
 
him again about being late for work. 
 
On May 5, xxxx, charges against the applicant for dereliction of duty, failure to 
 
obey  an  order,  and  absence  without  leave  were  dismissed  by  the  CO  during  a  non-
judicial punishment proceeding. 

On March 24, xxxx, a page 7 was entered into the applicant's record counseling 

 
 
On May 30, xxxx, a page 7 was entered into the applicant's record documenting 
the fact that he had been placed on performance probation.  The entry stated that the 
applicant had been counseled and given specific direction on the level of performance 
necessary to be removed from probation. 
 
 
on a page 7. 
 

On July 1, xxxx, the following comments were entered into the applicant's record 

[T]he  applicant  was  counseled  concerning  the  wearing  of  the  proper 
uniform  of  the  day.    02  July  xxxx,  [the  applicant]  reported  for  duty  in 
coveralls  and  a  non-regulation  dark  blue  t-shirt.      [The  applicant's] 
uniforms  are  always  stained  and  wrinkled  inport  and  u/w.    [The 
applicant] still does not have sewn on name tags that he was instructed to 
get two months ago.  [The applicant] constantly stands poor watches and 
fails  to  comply  with  EPO's  Standing  Orders  .  .  .    [The  applicant]  has  on 
several occasions showed disregard through inappropriate comments and 
disrespect.  01 July xxxx, [the applicant] was disrespectful to a[n] MK3 . . . 
when deck force personnel were present  . . .  [The applicant] showed a 
disrespectful attitude towards [an] FS2 on two occasions . . . 03 July xxxx, 
[the applicant] projected an apathetic attitude while working on the FHI 
outboard  towards  the  MKC  and  MK1.    [The  applicant]  constantly 
complains outwardly in front of everyone around when given tasking.   

 
 
The applicant's military record contains a medical report dated August 17, xxxx.  
The  physician  reported  that  the  applicant  was  diagnosed  with  ADHD  in  the  fourth 
grade and that he took Ritalin from that time through the 12th grade.  The physician 
stated since joining the Coast Guard the applicant has failed to adjust to the military.  
She  noted  that  the  applicant  was  being  administratively  separated  from  the  Coast 
Guard and that he agreed with the separation.  The physician noted that the applicant 
had  prescriptions  filled  for  Ritalin  in  September  199x  and  February  199x.      She  also 
stated that the applicant had been diagnosed with ADHD and had been on Ritalin after 
age 12. Therefore, he should have been disqualified for enlistment.  She stated that the 
applicant did not mention this on his enlistment medical examination form because he 
was not asked about it.   
 
 
stating "patient has been diagnosed [with] ADHS, patient had ADHS." 
 
 
Several  page  7s  were  entered  into  the  applicant's  record  documenting  low 
performance marks for the evaluation period ending September 14, xxxx.  He received 
three 1s and four 2s, on a scale of 1 to 7, with 7 being the highest.  He was also assigned 

On  August  18,  xxxx,  the  physician  clarified  her  diagnosis  of  the  applicant  by 

an  unsatisfactory  conduct  mark  due  to  his  failure  to  conform  to  military  rules, 
regulations, and standards.   
 
The  applicant  was  advised  by  his  commanding  officer  (CO)  that  the  CO  had 
 
initiated action to discharge him from the Coast Guard and that his marks warranted an 
honorable discharge.  The applicant was advised that he could write a statement in his 
own behalf.  The applicant, by his signature, waived his right to submit a statement.   
 
 
On  September  26,  xxxx,  the  Commandant  directed  that  the  applicant  be 
discharged from the Coast Guard by reason of unsuitability with a JFX separation code 
and an RE-4 reenlistment code.   
 
 
 

The applicant was discharged on October 19, xxxx. 

VIEWS OF THE COAST GUARD 

 
 
On October 7, 2003, the Chief Counsel of the Coast Guard submitted an advisory 
opinion  recommending  that  the  Board  grant  partial  relief  to  the  applicant.    In  this 
regard, he agreed with the Commander, Coast Guard Personnel Command (CGPC) that 
the applicant's record should be corrected to show that he was discharged by reason of 
convenience  of  the  government,  due  to  a  condition  not  a  disability  and  with  a  JFV 
(condition  not  a  disability)  separation  code.      Neither  CGPC  nor  the  Chief  Counsel 
recommended that the applicant's RE-4 reenlistment code be changed.   
 
 
CGPC stated that ADHD is not listed in Chapter 5 of the Medical Manual as a 
personality  disorder,  but  instead  is  listed  in  that  Chapter  under  the  category  titled  
"Disorders  Usually  First  Evident  in  Infancy,  Childhood,  or  Adolescence."      Therefore, 
CGPC  stated  that  the  more  accurate  explanation  for  the  applicant's  discharge  is 
condition not a disability for the convenience of the government under Article 12.B.12. 
of the Personnel Manual.   
 
 
this regard, CGPC stated the following: 
 

CGPC did not recommend upgrading the applicant's RE-4 reenlistment code.  In 

The applicant's use of the drug Ritalin between ages 12 and 18 is in itself 
disqualifying for reenlistment or enlistment in another armed service, and 
the  Applicant  would  not  have  been  enlisted  in  the  Coast  Guard  (or  any 
other branch of the armed services) had  we known of his  condition and 
use of the drug Ritalin past the age of 12  . . . Furthermore, the Applicant's 
record  indicates  that  his  ability  to  control  his  behavior  was  significantly 
diminished when he stopped taking Ritalin at the time he enlisted, and it 
would not be in his best interest to allow him an opportunity to enlist in 
another armed service.  

CGPC  stated  that  Ritalin  is  an  amphetamine  class  substance  and  is  therefore 

 
 
inconsistent with Coast Guard or other Armed Services enlistment standards.   
 
 
The  Chief  Counsel  stated  that  the  applicant  had  not  presented  any  evidence 
supporting his claim that his discharge should be characterized as a medical discharge.  
Nor  did  he  present  any  evidence  to  support  his  claim  that  the  Coast  Guard  erred  in 
assigning him an RE-4 reenlistment code.    
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  October  14,  2003,  the  BCMR  sent  the  applicant  a  copy  of  the  views  of  the 

 
 
Coast Guard and invited him to respond.  No response was received. 
 

APPLICABLE LAW 

 
Personnel Manual (COMDTINST M1000.6A) 
 
 
for a convenience of the government discharge.    

Article 12.B.12 of the Personnel Manual lists condition not a disability as a basis 

Chapter 5.B.17 states that members of the Coast Guard with conditions such as 

Medical Manual (COMDTINST M6000.1B)  
 
Chapter 3.D.33 states that specific academic skills defects are causes for rejection 
 
for  appointment,  enlistment,  and  induction  in  the  Coast  Guard.    This  list  includes  a 
chronic  history  of  academic  skills  or  perceptual  defect  secondary  to  organic  or 
functional  mental  disorders  that  interfere  with  work  or  school  after  age  12.    "Use  of 
medication  to  improve  or  maintain  academic  skill  (e.g.,  Ritalin  .  .  .)  after  age  12  is 
disqualifying."  
 
 
ADHD shall be processed in accordance with Chapter 12 of the Personnel Manual.  
 
Chapter  5.B.2.  lists  the  following  as  personality  disorders:    Paranoid,  Schizoid, 
 
Schizotypal,  Obsessive  Compulsive,  Histrionic,  Dependent,  Antisocial,  Narcissistic, 
Avoidant, Borderline, and Personality Disorder NOS (includes Passive-Aggressive).  It 
also  mentions  these  disorders  found  under  3.F.16.c.    "Personality,  sexual,  factitious, 
psychoactive substance use disorders; personality trait(s); disorders of impulse control 
not elsewhere classified." 
 
Separation Program Designator Handbook 
 

 
The Separation Program Designator Handbook authorizes the assignment of an 
RE-3G or an RE-4 reenlistment code with the JFV separation code.  The SPD Handbook 
states that the JFV separation code for "condition, not a disability" is appropriate when 
there  is  an  "[i]nvoluntary  discharge  directed  by  established  directive  when  a  physical 
disability,  which  interferes  with  the  performance  of  duty  (Enuresis,  motion  sickness, 
allergy, obesity, fear of flying, et al.)."   
 

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: 
 

1. 

The Board has jurisdiction concerning this matter pursuant to section 1552 

of title 10 of the United States Code.  The application was timely. 

 
2.  The Coast Guard committed an error by assigning personality disorder as the 
reason  for  the  applicant's  discharge.    Chapter  5  of  the  Medical  Manual  identifies  the 
various  personality  disorders,  and  ADHD  is  not  listed  as  one  of  them.    Instead,  it  is 
listed  as  a  condition  that  begins  in  childhood,  which  may  be  disqualifying  for 
enlistment or retention if the condition is chronic or if Ritalin has been used after age 12.  
See  Chapter  3.D.33  of  the  Medical  Manual.      The  medical  evidence  of  record  and  the 
applicant's  parents'  statement  establish  by  a  preponderance  of  the  evidence  that  the 
applicant used Ritalin after age 12.   

 
3.  The Board agrees with CGPC that the most accurate reason for the applicant's 
discharge is condition not a disability that interferes with the performance of duty, and 
that such discharge should be for the convenience of the government, pursuant Article 
12.B.12. of the Personnel Manual. 

 
4.  The Board finds that the RE-4 reenlistment code constitutes an injustice under 
the circumstances of this case.  The evidence establishes that at the time of his discharge 
the  applicant  was  diagnosed  with  the  illness  ADHD.    While  the  applicant  presented 
some administrative challenges for the command, his record contains only one instance 
of non-judicial punishment, which was dismissed with a warning.  Because he was not 
punished  more  severely  or  more  often,  the  Board  is  persuaded  that  his  command 
probably knew that the applicant's attitude was attributable to a medical condition.    

 
5.  An  RE-3G  (condition  not  a  disability)  is  appropriate  in  this  case  because  it 
explains  more  accurately  the  applicant’s  poor  performance  while  on  active  duty.  
Moreover, 
the  Separation  Program  Designator  Handbook  permits  an  RE-3G 
reenlistment  code  as  well  as  an  RE-4.    The  RE-4  reenlistment  code  should  not  be 
assigned to members, like the applicant, whose inability to perform their duties is the 

result of a condition that is not a physical disability.  Contrary to the Chief Counsel's 
concern, the applicant cannot automatically reenlist in the armed forces with an RE-3G 
reenlistment code. The RE-3 is a code for which a waiver can be obtained.  However, the 
applicant  would  be  required  to  submit  proof  that  he  is  no  longer  suffering  from  this 
condition in order to reenlist in the military service.  

 
6.  The applicant has not presented any evidence and the Board is aware of none 
that  states  ADHD  is  a  condition  for  which  a  physical  disability  discharge  may  be 
granted.    The  Medical  Manual  does  not  require  processing  for  ADHD  under  the 
Physical Disability Evaluation System.   Therefore, the applicant's claim in this regard 
has no merit.    
 

7. 

Accordingly, the applicant is entitled to partial relief.  

 
 
 

 
 
 
 

[ORDER AND SIGNATURES ON FOLLOWING PAGE] 

ORDER 

 

The  application  of  former  XXXXXXXXXXXXXXXX,  USCG,  for  correction  of  his 
military record is granted in part.  Specifically, his DD Form 214 shall be corrected to 
show the following: 

 
Block  25  shall  be  corrected  to  show  Article  12-B-12  of  the  Personnel 

Manual as separation authority. 
 
 
the separation code. 

Block 26 shall be corrected to JFV (condition not a physical disability) as 

 

 
Block 27 shall be corrected to show RE-3G as the reenlistment code. 
 
Block 28 shall be corrected to show condition not a disability as the reason 

 

 

 

 

 

 

 
 

 
 

 
 

        

 
 Stephen H. Barber 

 
 
 
for separation. 
 
The Coast Guard shall issue the applicant a new DD Form 214. 
 
All other requests for relief are denied.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Dorothy J. Ulmer 

 
 

 

 
 Harold C. Davis, M.D.