DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2004-044
Xxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxx
FINAL DECISION
ANDREWS, Deputy 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 BCMR docketed this
case on December 22, 2003, upon receipt of the applicant’s completed application.
members who were designated to serve as the Board in this case.
This final decision, dated April 29, 2004, is signed by the three duly appointed
RELIEF REQUESTED
The applicant, a former dental technician (pay grade E-4) in the Coast Guard,
asked the Board to correct his military record by upgrading his reenlistment code from
RE-4 (ineligible to reenlist) to RE-1 (eligible). He also alleged that the narrative reason
for separation on his August 1, 1977, discharge form, DD 214, is erroneous in that he
should have been discharged for “hardship” rather than “unsuitability.” The applicant
is a minister who wishes to become a chaplain for the Navy Reserve.
SUMMARY OF THE MILITARY RECORD
On February 8, 1971, at the age of 17 years, the applicant enlisted in the Air
Force. On October 14, 1972, the applicant married. His wife was then 16 years old. On
April 1, 1973, their son was born. After advancing to the rate of sergeant, pay grade E-4,
the applicant was released from active duty into the Air Force Reserve with an
“honorable” character of service on May 31, 1974. His Air Force DD 214 indicates that
he had spent more than two years overseas and received various Vietnam campaign
medals and a Good Conduct Award. His performance evaluations describe his per-
formance as “commendable,” “highly satisfactory,” and “exceptional.” At the time of
his release, he had been recommended for promotion to staff sergeant.
The applicant’s Coast Guard enlistment application indicates that, upon leaving
the Air Force, he worked for a municipal fire department from July 1974 to January
1975. He left that job with the intention of going to college, but then worked for a fiber
company from September 1975 until he joined the Coast Guard.
On March 1, 1976, at age 22, the applicant enlisted in the Coast Guard in pay
grade E-3. Upon completing boot camp, he was enrolled in “A” School to become a
dental technician. On November 24, 1976, he graduated from “A” School, ranked third
in his class. He was advanced to DT3/pay grade E-4 and transferred to xxxxxxxxxxx,
which was his first assignment preference.
On May 2, 1977, a psychiatrist prepared a report on the applicant. He stated that
the applicant had been referred for a psychiatric evaluation by the senior dental officer,
Capt. X, “because of a four month history of poor work performance accompanied by
preoccupation, social isolation, and apparent depression over family and job issues.”
The psychiatrist noted that the applicant had been seen “as a self-referral” on April 18,
and 21, 1977. He reported that the applicant had disliked the Air Force, had held only
short-term jobs thereafter, and had joined the Coast Guard on an impulse. He stated
that the applicant’s work as a DT3 had “slowed to a ‘snail’s pace’” and that “[o]ver the
past year, his wife has developed ulcerative colitis and he is quite guilty over how much
his own depression and irritability have contributed to her physical worsening.” The
psychiatrist reported that the applicant was “an alert, cooperative passive, non-sponta-
neous young man. His motor behavior is somewhat slowed and he seems generally
unanimated. He appears moderately depressed and describes his mood as one of frus-
tration and sadness. There are no delusions or hallucinations. Orientation, memory
and general cognitive functioning appear intact.” He diagnosed the applicant with
“Adjustment Reaction of adult life in an underlying inadequate personality. (307.3)”1
The psychiatrist recommended that the applicant be administratively discharged.
1 “Adjustment Reaction of adult life” (307.3) is an old diagnosis from the second edition of the American
Psychiatric Association’S Diagnostic and Statistical Manual of Mental Disorders (DSM-II), which is no longer
used. According to the Textbook of Military Medicine, “Adjustment Reaction of adult life” was a diagnosis
of a stress reaction and fell under the category of Transient Situational Disturbances. It was “reserved for
more or less transient disorders of any severity (including those of psychotic proportions) that occur in
individuals without any apparent underlying mental disorders and that represent an acute reaction from
overwhelming environmental stress. … If the patient has good adaptive capacity, his symptoms usually
recede as the stress diminishes.” Zajtchuk, Russ, series ed., TEXTBOOK OF MILITARY MEDICINE, Jones,
Franklin D., et al., eds., War Psychiatry, Jones, Franklin D., “Chronic Post-Traumatic Stress Disorder”
(Office of the Surgeon General, United States Army, 1995), pp. 411-13. Under DSM-III, published in 1980,
the diagnosis “Adjustment Reaction of adult life” was divided between various adjustment disorders and
the more severe post-traumatic stress disorder. Id. p. 413. Adjustment disorders are defined as psycho-
logical responses to identifiable stressors that result in the development of clinically significant emotional
On June 7, 1977, the psychiatrist wrote an addendum to his report, stating that
the applicant had been seen weekly for psychotherapy and that his condition had
deteriorated in that he had “continued to withdraw in his work environment “ and his
“marital problems have remained essentially unabated.” However, aside from the
psychiatrist’s report and addendum, the only medical records in the applicant’s record
are for ordinary illnesses, such as a sore throat on January 26, 1977; a finger that was
“jammed” while he was playing volleyball on March 1, 1977; and an ear infection on
April 14, 1977.
On June 23, 1977, the applicant’s commanding officer (CO) asked the Comman-
dant for authority to discharge the applicant “by reason of unsuitability due to person-
ality disorder.”2 The CO stated in his letter that the applicant had been referred by his
division officer for a psychiatric evaluation on April 26, 1977, because of “a four month
history of poor work performance accompanied by preoccupation, social isolation, and
apparent depression.” The CO also stated that the applicant had been notified in writ-
ing of the basis for the proposed discharge and had acknowledged receipt of it, but had
declined to make a statement in his own behalf. The CO listed the psychiatrist’s report
and addendum and the applicant’s acknowledgment of the proposed discharge as
attachments to the letter, but the applicant’s acknowledgment is not in the record.
On June 30, 1977, the applicant received marks of 2.4 (out of 4.0) for proficiency
and leadership and 4.0 for conduct on a performance evaluation. There are no adminis-
trative entries in the applicant’s record that document any performance or conduct
problems or any dissatisfaction by his command.
On August 1, 1977, the applicant was honorably discharged. The blocks on his
DD 214 where the reason and legal authority for his discharge and his reenlistment
code would normally appear have no entries and are struck through. Block 22 indicates
or behavioral symptoms. 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.
2 A “personality disorder” is “an enduring pattern of inner experience and behavior that deviates
markedly from the expectations of the individual’s culture, is pervasive and inflexible, has an onset in
adolescence or early adulthood, is stable over time, and leads to distress or impairment.” American
Psychiatric Association, DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, FOURTH EDITION,
TEXT REVISION (2000) (DSM-IV-TR), p. 685. Types of personality disorders include paranoid, schizoid,
schizotypal, antisocial, borderline, histrionic, narcissistic, avoidant, dependent, and obsessive-compul-
sive. Id. “The diagnosis of Personality Disorders requires an evaluation of the individual’s long-term
patterns of functioning … . The personality traits that define these disorders must also be distinguished
from characteristics that emerge in response to specific situational stressors or more transient mental
states … . The clinician should assess the stability of personality traits over time and across different
situations.” Id. at 686. 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.
that he had 19 days of accrued leave at the time of his discharge. On the same day, his
CO gave him a letter stating that his narrative reason for separation, authority for
separation, and reenlistment code would be provided to him on a separate document
upon his request and that if he requested such a document, it would be included in his
official military record. There is no indication in the record of whether the applicant
requested this document, although he acknowledged receiving the letter from this CO,
and there is no such document in his military record. However, a Service Record Card
(form CGHQ-3299) in his record shows that he was honorably discharged for
unsuitability under Article 12.B.16. of the Personnel Manual with separation code JMB,
which denoted an involuntary discharge for unsuitability due to a disorder of character
or behavior.
APPLICANT’S ALLEGATIONS
The applicant alleged that after he enlisted in the Coast Guard on March 1, 1976,
his wife became very ill, but the medical clinic at the training center was unable to
determine what was wrong with her. He alleged that he continued to work hard, suc-
cessfully completed training as a dental technician, and received excellent performance
evaluations. However, his wife’s health continued to deteriorate after training, when he
received transfer orders to serve at a dental clinic in xxxxxxxxx. Therefore, rather than
moving with him, she moved with their two-year-old son to her parents’ house in
xxxxxxxxx. A few weeks later, he took leave to bring her to xxxxxxx. After her arrival
in xxxxxxxxx, she was soon admitted to the critical care unit of a hospital. She stayed in
the hospital for three weeks and was diagnosed with ulcerative colitis.3
The applicant stated that while his wife was hospitalized, he had to stay home
with his son because they were new to the area and had no friends or family and no
child care resources or finances to pay for it. The applicant alleged that after his wife
was released from the hospital, his section chief at the clinic was not understanding of
his circumstances and refused to allow him sufficient time off to provide the continuing
support his wife and son needed, even though he had accumulated annual leave he
could have taken. He asked the section chief for a compassionate reassignment to
xxxxxxxxxxxx, where his wife’s family could help them, but the chief became angry and
said he would never agree to a transfer and that any “paperwork would not go past his
3 Medical records submitted by the applicant confirm this information. Ulcerative colitis is a “chronic,
recurrent ulceration in the colon … of unknown cause; it is manifested clinically by cramping abdominal
pain, rectal bleeding, and loose discharges of blood, pus, and mucus with scanty fecal particles.
Complications include hemorrhoids, abscesses, fistulas, perforation of the colon, pseudopolyps, and
carcinoma.” DORLAND’S ILLUSTRATED MEDICAL DICTIONARY, 29TH ED. (2000), p. 376. Like Crohn’s disease,
ulcerative colitis is a major type of inflammatory bowel disease. Braunwald, E., et al., eds., HARRISON’S
PRINCIPLES OF INTERNAL MEDICINE, 15th ed. (McGraw-Hill, 2001), p. 1679. Severe ulcerative colitis is
characterized by at least six bowel movements per day, a significant amount of blood in the stool, and
spontaneous ulcerations and bleeding of the rectum and colon. Other symptoms include nausea,
vomiting, fever, and weight loss. Id. at 1682
desk.” The applicant alleged that the section chief gave the same reply when he asked
for a hardship discharge. He stated that his section chief threatened him with
disciplinary action if he tried to bypass the section chief to get a reassignment or hard-
ship discharge.
The applicant stated that the base medical officer, a captain, tried to intervene
with his section chief to no avail. The captain therefore asked a lieutenant commander
who was a psychiatrist to help the applicant. The applicant alleged that he met with the
psychiatrist only for about 15 minutes on April 18, 1977, and for about 20 minutes on
April 21, 1977. The psychiatrist told the applicant that he could write to Coast Guard
Headquarters on the applicant’s behalf, but that the applicant should not get his hopes
up because it was unlikely that Headquarters would agree to discharge someone with
an excellent service record. The applicant stated that he really did not want to be dis-
charged but felt that he had no other choice, so he asked the psychiatrist to write the
letter to Headquarters.
The applicant alleged that the report the psychiatrist wrote for him was an
“attempt at helping me receive an honorable discharge” and was not based on a proper
psychiatric evaluation. He stated that, contrary to what the psychiatrist reported, he
had enjoyed his time in the Air Force. He stated that although he held several jobs —
most of them part-time—in the two years between his release from the Air Force and
his enlistment in the Coast Guard, he was never fired from any of them and had left
them because none of them had potential as a career that could support his family. He
alleged that he never complained to the psychiatrist about depression or about any
marital problems other than his wife’s ulcerative colitis. He alleged that he enjoyed his
work as a DT3 and got along well with his colleagues, except for his supervisor, who
refused to let him take more leave. He pointed out that his work might have seemed
“slow” to his supervisor because he was a brand new DT3 and had missed a lot of time
at work while his wife was hospitalized and so had not yet thoroughly learned the job.
He also stated that he had never felt guilty about his wife’s ulcerative colitis, as the psy-
chiatrist suggested. He alleged that the only emotion he expressed to the psychiatrist
was frustration at not being able to take care of his wife and son. The applicant also
alleged that the psychiatrist’s statement in the addendum that he had been attending
counseling sessions weekly is false, as he only saw the psychiatrist on April 18 and 21,
and he pointed out that there are no records of the alleged weekly counseling sessions
in his medical records. He also alleged that no one in his command had ever
approached him about the quality or pace of his work.
The applicant stated that a few weeks later, he received discharge orders with a
letter stating that he was being discharged for unsuitability due to a personality disor-
der. He had thought that the psychiatrist was arranging a hardship discharge for him
and was shocked by the orders. However, he did not object to the orders because he
felt that his situation was desperate, and he did not understand the full implications of
the discharge.
After he left the Coast Guard, the applicant alleged, they moved to xxxxxxxxxxx
and his wife’s illness eventually stabilized. They have remained married and raised
two sons. Since leaving the Coast Guard, he has earned his Associate’s, Bachelor’s, and
Master’s degrees in education and is presently working on a Master’s of Divinity
Degree with a concentration in counseling at xxxxxxxxxxxxxxxxxxxxx Seminary. He
worked as an athletics instructor and basketball coach for four years after earning his
Bachelor’s degree in 1983; as a trainer and production supervisor at a mill from 1987 to
1990; as a park program manager and athletic coach from 1990 until 1997; and then as a
recreation services manager for the Air Force for four years, before he resigned in 2001
to pursue the ministry.
The applicant alleged that he never had a personality disorder. He pointed out
that no psychiatric problems were noted on the reports of his physical examinations for
enlistment in and separation from the Air Force and enlistment in the Coast Guard and
that he had served very successfully in the Air Force for three years and performed well
in the Coast Guard. He also pointed out that the psychiatrist’s is the only documenta-
tion of any performance problem in his record.
Regarding the untimeliness of his application, the applicant stated that although
he has known of the errors in his record since 1977, he “was unaware that there was any
process for appeal or correction to military records and that there were time limitations
to said process.”
SUMMARY OF APPLICANT’S SUBMISSIONS
In support of his allegations, the applicant submitted copies of his Air Force
records, his wife’s medical records, his school transcripts, and numerous letters of rec-
ommendation and appreciation from past jobs and volunteer affiliations, which noted
his professionalism, dependability, diligence, and ability to work well with all age
groups. A copy of his final performance evaluation as a recreation services manager in
the Air Force, dated May 25, 2000, shows that he was rated as “far above fully success-
ful” for most of the performance criteria and that he received the highest possible mark
of “outstanding” for his “working relationships.” Copies of documents from a Navy
recruiting office indicate that his recruiter rated him as an exceptional candidate for a
Navy chaplaincy. The applicant also submitted a letter dated June 20, 2003, from a
counselor with a Master’s of Social Work (MSW) employed by the xxxxxxxxxxxxxxxxxx.
She stated that a “clinical evaluation of [the applicant showed] him to be without any
personality disorder and to be well suited for military service.”
Statement and Health Records of Applicant’s Wife
The applicant’s wife signed a statement, saying that the applicant had joined the
Coast Guard because they had missed the military “way of life” and hoped that the
applicant could make a career in the service. However, soon after he began training,
she became sick with nausea, vomiting, and diarrhea that did not stop and gradually
worsened to the point where leaving the house was very difficult. She lost a lot of
weight, had chills and fever, and had no energy. After she moved to xxxxxxxxxxx, her
condition worsened to the point where she was spending all of her time in the bath-
room. She finally was admitted to the hospital and received the diagnosis of ulcerative
colitis.
The applicant’s wife submitted hospital test results and a report prepared by her
doctor after her discharge from the hospital in 1977. The report indicates that she had
been hospitalized from January 10 to February 1, 1977, because of increasing nausea,
vomiting, and bloody diarrhea and a loss of more than 20 pounds (from 115 to 93) in six
months. The doctor noted that she complained of having bloody diarrhea between
three and eight times every day. He diagnosed her with ulcerative colitis and noted
that she needed to return for follow-up visits.
The applicant’s wife stated that, because they had no friends or family in the
area, and no money for child care, her husband had to stay at home with their son and
“was being threatened at work.” She stated that even after she was discharged a few
weeks later, she was expected to attend outpatient visits, and there were days that she
could not function. However, she alleged, the applicant was not permitted to take time
off to help her. Every time he asked for time off, there was a “confrontation” with his
supervisor, and the stress this caused them would cause a setback in her condition. She
stated that she and the applicant “spent days talking about what options [they] had”
and “tried every avenue available to [them] for support.” She stated that the applicant
loved the camaraderie of the service and did not want to be discharged.
The applicant’s wife stated that she has been told that her “condition is terminal
but controlled” by daily medication. Her condition has stabilized and is not debilitat-
ing. She stated that she has been “functioning within normal limits for the past 18
years.” She concluded by stating that it was her illness that caused the applicant’s dis-
charge, and not any “unsuitability.”
VIEWS OF THE COAST GUARD
On April 8, 2004, the Judge Advocate General (TJAG) of the Coast Guard sub-
mitted an advisory opinion recommending that the Board grant partial relief by
upgrading his reenlistment code to RE-3G, which means that a veteran would be eligi-
ble for reenlistment except for a condition that is not a physical disability but that inter-
fered with his performance of duty. A veteran with an RE-3 code must receive a waiver
before he can be reenlisted.
TJAG relied on a memorandum from the Coast Guard Personnel Command
(CGPC) concerning the applicant’s request. CGPC stated that although the application
was untimely, the Board should consider his request because the applicant has submit-
ted “voluminous documentation with his application that he has led a very productive
life since and possibly overcome the underlying conditions that led to his separation in
1977.” CGPC alleged that there is no evidence that the applicant’s “discharge for
unsuitability due to personality disorder was in error or unjust.” CGPC also alleged
that the applicant never requested a hardship discharge. CGPC pointed out that he was
afforded the opportunity to make a statement in his own behalf but never did so.
CGPC stated that the Separation Designator Code (SPD) Handbook permits the
assignment of either an RE-4 or an RE-3G reenlistment code for members discharged
because of a personality disorder. CGPC stated, based upon the information in the
record, that the RE-4 reenlistment code should be upgraded “in that it prevents him
from even being considered for service as a military chaplain.” Therefore, CGPC rec-
ommended that it be upgraded to RE-3G.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On April 8, 2004, the Chair faxed the applicant a copy of the views of the Coast
Guard and invited him to respond within 30 days. On April 21, 2004, the applicant’s
response was received. He stated that he is “very appreciative of the Coast Guard’s
recommendation as it at least opens the door to allow [him] to pursue God’s calling on
[his] life to ministry as a Navy chaplain.” He argued, however, that the Coast Guard, in
maintaining that he has a personality disorder, is ignoring the preponderance of the
evidence in the record. He asked the Board to upgrade his reenlistment code to an RE-
1, rather than an RE-3G.
In further support of his allegation that he does not have a personality disorder,
the applicant submitted two signed statements. Dr. P, a psychologist, wrote that the
diagnosis of “Adjustment Reaction of Adult Life” meant only that the applicant “was
not able to handle the challenges he faced” when his wife became critically ill just as he
was trying to launch a new career in the Coast Guard. He stated that the applicant’s
successful history of employment and personal relationships—both before and after his
enlistment in the Coast Guard—contradicts the diagnosis of a personality disorder.
Dr. P stated that true personality disorders are permanent and do not come and go.
Dr. P stated that his examination of the applicant indicates that he has no mental illness
or significant psychosocial problem and that he is “in excellent mental health.”
A doctor of clinical psychology and Associate Professor of Pastoral Care and
Counseling at the applicant’s seminary stated that the applicant has been his student for
almost three years. He stated that the diagnosis of “inadequate personality disorder”
was dropped from the DSM in 1980 because it was “found to be unreliable.” He also
stated that his observations of the applicant “provide absolutely no evidence for any
type of personality disorder. In fact, to the contrary, he is well-adjusted and capable. I
have seen no evidence for any type of mental disorder.”
APPLICABLE LAW
Article 12.B.16. of the Coast Guard Personnel Manual in effect in 1977 (CG-207)
authorized the Commandant to discharge members for unsuitability if they had, “[a]s
determined by medical authority, personality behavior disorders and disorders of intel-
ligence listed in Chapter 5, CG Medical Manual (CG-294).” Article 12.B.16.(d) required
that any member considered for such a discharge be informed in writing of the reason
for the proposed discharge and be afforded an opportunity to make a statement in his
own behalf. A member who declined to make a statement in his own behalf was
required to sign a statement to this effect.
Article 5.C.1.(b)(2) of the Medical Manual (CG-294) stated that members diag-
nosed with personality disorders, various sexual preferences, addictions, and “Tran-
sient situational disturbances: Adjustment reaction of: adolescence[,] late life[,] Adult
situation reaction[,] Gross stress reaction” “should be considered for ‘Administrative
Discharges’ (Refer to Article 12-B-10 and 12-B-12, CG Personnel Manual, CG-207).”
Article 12.B.10. of the Personnel Manual dealt with discharges for unsuitability,
but it was removed from the manual and replaced by Article 12.B.16. on April 8, 1977,
pursuant to Amendment 62. Article 12.B.12. of the Personnel Manual dealt with dis-
charges for the “convenience of the Government.” Article 12.B.12.(e) stated that “[i]n
cases where the commanding officer feels that separation should not be for the conven-
ience of the Government, but for unsuitability, misconduct, or for any other reason,
suitable recommendation will be forwarded to Commandant (G-PE) for consideration.
Cases in this category would be those where the record of the member concerned show
commission of serious military offenses, a generally unsatisfactory military record, or
other good and sufficient cause in the opinion of the commanding officer.”
Article 12.B.13. of the Personnel Manual authorized the Commandant to dis-
charge a member for hardship or dependency and required that members who
requested such a discharge be informed of the proper procedures to follow. Under
Article 12.B.13.(c)(3)(b), the Commandant could authorize a hardship discharge when it
was determined that the “member’s family is undergoing hardship more severe than
the normal hardships encountered by dependents or families of members of the Coast
Guard; that this hardship is not of a temporary nature and the release of the member
will result in the elimination of, or will materially alleviate, the condition, and that there
are no means of alleviation readily available other than be release from active duty.
Pregnancy of an enlisted man’s wife is not in itself a circumstance for which release
from active duty will be authorized.” Article 12.B.13.(d) provided that, after the policies
were explained to a member, he would “be permitted to submit a written application
for discharge or release from active duty for dependency or hardship to the Comman-
dant (G-PE), via the commanding officer. Sympathetic consideration will be given in
the preparation of this request.”
Article 12.B.16.b. of the current Personnel Manual authorizes unsuitability dis-
charges 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 personality disorders that qualify a member for
administrative discharge pursuant to Article 12 of the Personnel Manual. Adjustment
disorders are not included among the personality disorders listed. Adjustment disor-
ders 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 Man-
ual] as necessary.”
Commandant Instruction 1900.4A, issued on May 14, 1975, provided instructions
for the preparation of the discharge form DD 214.4 Enclosure (2) of the instruction per-
4 Because COMDTINST 1900.4A was issued before Amendment 62, which reorganized Article 12 of the
Personnel Manual, the COMDTINST refers to erroneous articles of the Personnel Manual as the Separa-
tion Authorities for each SPD code. In 1975, when the COMDTINST was issued, Article 12.B.6. governed
discharges for the convenience of the Government; Article 12.B.7. governed hardship discharges; and
Article 12.B.10. governed unsuitability discharges.
mitted the following combinations of codes and narrative reasons for separation that
might apply to the applicant’s case:
Narrative Reason for
Separation
SPD
Code
JMB Unsuitability—
Character and
Behavior Disorders
JFV Condition, Not a
Disability
JFF
Separation for Good
and Sufficient Reasons
when Determined by
the Secretary of
Transportation
KDB Hardship
RE Code
RE-4
Separation
Authority
12.B.10.
Remarks
Enclosure (2) qualifies this code with the remark that
“Member must not object.”
12.B.6.
RE-4,
RE-3G,
or RE-3X
RE-1 or
RE-4
12.B.6.
JFV denoted an involuntarily discharge when the
member had a condition that was not a physical dis-
ability but that interfered with the performance of
duty (enuresis, motion sickness, allergy, fear of
flying, etc.).
RE-3H or
RE-4
12.B.7.
KDB denotes a voluntary discharge by direction of
competent authority.
The JMB SPD code is no longer used today. Instead, Article 12.B.16. of the Per-
sonnel Manual (COMDTINST M1000.6A) and the SPD Handbook provide that mem-
bers discharged because of a personality disorder receive the SPD code JFX, an RE-4 or
RE-3G reenlistment code, and “Personality Disorder” as the narrative reason for sepa-
ration shown on their DD 214s, instead of “Unsuitability.”
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.
An application to the Board must be filed within three years of the day the
applicant discovers the alleged error in his record. 10 U.S.C. § 1552(b). The applicant
received his discharge form DD 214 in 1977 and knew or should have known of his
reenlistment code and narrative reason for separation at that time. Therefore, his
request is untimely.
3.
The Board may waive the three-year statute of limitations if it is in the
interest of justice to do so. 10 U.S.C. § 1552(b). Factors for the Board to consider in
determining whether it is in the interest of justice to waive the statute of limitations
include any stated reasons for the delay and whether a cursory review of the record
indicates that there is some merit in the case. See Dickson v. Secretary of Defense, 68 F.3d
1396, 1405 (D.C. Cir. 1995); Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 1992). The appli-
1.
§ 1552.
2.
cant stated that he was unaware of the BCMR process until recently. Moreover, the
Board’s review of the record indicates that the Judge Advocate General has recom-
mended granting certain relief and that there is some merit in the case. Therefore, the
Board will waive the statute of limitations and consider the application on the merits.
4.
In 1977, the applicant was diagnosed with “Adjustment Reaction of Adult
Life,” diagnostic code 307.3 in DSM-II. This diagnosis was abandoned in 1980 and is no
longer in use by the American Psychiatric Association or the Coast Guard. According
to the Textbook of Military Medicine published by the Office of the Surgeon General of the
United States Army, the diagnosis was “reserved for more or less transient disorders of
any severity … that occur in individuals without any apparent underlying mental dis-
order and that represent an acute reaction from overwhelming environmental stress. …
If the patient has good adaptive capacity, his symptoms usually recede as the stress
diminishes.”5 Furthermore, someone who was diagnosed with “Adjustment Reaction
of Adult Life” in 1977 would today receive a diagnosis of either an adjustment disorder
or post-traumatic stress disorder, not a diagnosis of a (permanent) personality
disorder.6
5.
The applicant has submitted reports from a licensed social worker; Dr. P, a
practicing psychologist; and a clinical psychologist who, as an Associate Professor of
Pastoral Care and Counseling, has known the applicant for three years. All three have
stated that the applicant has no personality disorder and no mental illness. Given these
professional assessments; the applicant’s success in the Air Force and civilian life; and
the fact that his condition in 1977 would today be diagnosed as an adjustment disorder,
which is a temporary condition and not an indication of any underlying mental illness,
the Board finds that the applicant has proved by a preponderance of the evidence that
he has never had a personality disorder and has never been diagnosed with a personal-
ity disorder, as defined by the American Psychiatric Association, whose terms and defi-
nitions are used by the Coast Guard.
6.
The preponderance of the evidence in the record indicates that as the
applicant, at age 22, was attempting to launch a career in the Coast Guard as a dental
technician, his wife became critically ill and unable to care for their three-year-old son.
The Board notes that the psychiatrist who diagnosed the applicant with “Adjustment
Reaction of Adult Life” on May 2, 1977, indicated that the applicant’s symptoms had
begun four months before, in early January 1977, which is when his wife was first hos-
pitalized and diagnosed with chronic ulcerative colitis. The applicant alleged that the
psychiatrist’s report was a trumped-up document concocted to ensure his discharge
after his supervisor refused to forward any request for a compassionate transfer or a
5 Zajtchuk, Russ, series ed., TEXTBOOK OF MILITARY MEDICINE, Jones, Franklin D., et al., eds., War
Psychiatry, Jones, Franklin D., “Chronic Post-Traumatic Stress Disorder” (Office of the Surgeon General,
United States Army, 1995), pp. 411-13.
6 Id. at 413.
hardship discharge up the chain of command. However, there is no evidence in the
military record to confirm his allegations about his supervisor’s and psychiatrist’s atti-
tudes and actions, and absent evidence to the contrary, the Board must conclude that
they acted “correctly, lawfully, and in good faith.” 33 C.F.R. § 52.24(b); Arens v. United
States, 969 F.2d 1034, 1037 (Fed. Cir. 1992), and Sanders v. United States, 594 F.2d 804, 813
(Ct. Cl. 1979). The Board finds that the preponderance of the evidence in the record
indicates that in the spring of 1977, the applicant was suffering from what would today
be diagnosed as an adjustment reaction to the stress of trying to cope with the demands
of his new job, his ill wife, and his young son. The preponderance of the record also
indicates that after his wife’s illness stabilized, he was able to attend school, earn several
degrees, and have a career as an athletic coach and trainer and recreation services man-
ager, which indicates that the adjustment reaction was temporary.
7.
In 1977, the Coast Guard Medical Manual grouped the diagnosis of a
(usually temporary) “Adjustment Reaction of Adult Life” (307.3) with various perma-
nent personality disorders and permitted members with such diagnoses to be dis-
charged for unsuitability with the same SPD code, JMB. As indicated by the Judge
Advocate General’s advisory opinion, the JMB SPD code that the applicant received is
today interpreted as denoting a discharge because of a diagnosed permanent personal-
ity disorder. More recently, although Chapter 5 of the Medical Manual now distin-
guishes between personality disorders and adjustment disorders, members still some-
times receive personality disorder discharges even though they have been diagnosed
with adjustment disorders.7
8.
There has never been an SPD code specifically for people diagnosed with
adjustment disorders. 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 SPD codes and narrative
reasons for separation that do not perfectly reflect the causes of their discharge. How-
ever, because SPD codes and narrative reasons for separation are reviewed by military
and some civilian employers in recruiting employees, it is extremely important that
they be fair and not unduly prejudicial to the veteran.
9.
The Board has previously upheld personality disorder discharges for
members who have actually been diagnosed with a personality disorder or a chronic
adjustment disorder that has led to inappropriate behavior or misconduct which fully
supports their diagnoses.8 The Board has previously corrected such discharges when
7 See, e.g., BCMR Docket Nos. 2003-015, 1999-037, and 1999-050, in which members were processed for
personality disorder discharges based on a diagnosed adjustment disorder.
8 See, e.g., BCMR Docket Nos. 2001-020, 2000-142, 1999-185, 1999-037, and 1998-099 in which the Board
upheld the unsuitability and personality disorder discharges of, respectively, a veteran who was
diagnosed with a dependent personality disorder after going AWOL and committing various other
disciplinary infractions; a veteran who was diagnosed with a borderline personality disorder and went to
members have not been diagnosed with a personality disorder and/or when there has
been insufficient evidence of behavioral problems to support the diagnosis.9 In this
case, the psychiatrist’s second-hand mention of the slow speed of the applicant’s work
is the only evidence of any performance problem in the record. Moreover, the record
indicates that he completed a very successful enlistment in the Air Force; he finished
third in his class to become a dental technician; he received a reasonably satisfactory
performance evaluation in June 1977; and there is no documentation of any disciplinary
infractions.
10.
In light of the above findings, the Board finds that the applicant’s SPD
code, narrative reason for separation, and reenlistment code constitute errors in his
record that should be corrected by the Board. The Judge Advocate General recom-
mended that the Board only correct the applicant’s reenlistment code. However, given
the quality of the applicant’s record and the fact that he was diagnosed with what today
would be called an adjustment disorder under clearly stressful conditions, the Board
finds that more relief should be granted. Moreover, the Board notes that, with the RE-
3G code that the Judge Advocate General recommended, the applicant would in theory
only have to prove that he no longer has an adjustment disorder to join the military,
while his wife’s continuing illness—the primary underlying cause of his 1977 adjust-
ment disorder —would not necessarily be considered.
11.
The applicant asked the Board to correct his record to provide him with a
hardship discharge and an RE-1 reenlistment code. The applicant has proved by a pre-
ponderance of the evidence that his adjustment reaction/disorder was caused primarily
by the hardship of trying to care for his ill wife and young son while fulfilling his com-
mitment to the Coast Guard. Whether the stressful circumstances of his case actually
warranted a hardship discharge at the time is not clear to the Board. However, the
types of discharges provided under Commandant Instruction 1900.4A and the Person-
nel Manual were limited, and a hardship discharge would be a fair and reasonably
an historic tower, told a guard at the bottom that he was going to hang himself off the top with a dog
collar and leash, and waited at the top until the police arrived; a veteran with numerous disciplinary
infractions and performance problems in his record who was diagnosed by two psychiatrists with a
borderline personality disorder; a veteran who frequently exhibited inappropriate sexual behavior over a
two-year period and was twice diagnosed with “adjustment disorder with disturbance of conduct”; and a
veteran who was twice arrested for indecent exposure and diagnosed with narcissistic personality
disorder.
9 See, e.g., BCMR Docket Nos. 2003-015, 2001-104, 2001-072, and 1999-050, in which the Board corrected
the personality discharges of, respectively, a veteran whose diagnosed adjustment disorder with schizoid
and schizotypal traits was determined after his discharge to have been an early stage of his psychosis; a
veteran who was diagnosed with post-traumatic stress disorder after she was attacked by a fellow
servicemember; a veteran who had no disciplinary problems but who was unable to adjust to shipboard
life and diagnosed with an adjustment disorder by two psychologists and a personality disorder by one
psychiatrist; and a newly married veteran who was diagnosed with an adjustment disorder after being
told that accepting transfer orders to be stationed near her husband would require that she remain in the
Service for an additional two years.
accurate correction of his DD 214. The Board notes that, while the applicant’s adjust-
ment disorder has clearly dissipated over the past 25 years, his wife is still ill, though
apparently no longer as symptomatic as she was in 1977. Moreover, whether the
applicant’s stressful circumstances in 1977 actually warranted a hardship discharge is a
judgment call, and there is no evidence that any authority deliberated the question in
1977. Absent a more accurate discharge under Commandant Instruction 1900.4A and
Personnel Manual, the Board finds that the applicant’s request for a hardship discharge
should be granted. The Board notes that the Coast Guard has in the past recommended
that the Board correct a veteran’s personality disorder discharge to a hardship
discharge when the veteran was diagnosed with both an adjustment disorder and an
obsessive-compulsive personality disorder after he asked to be discharged merely
because of homesickness.10
12. Although the applicant asked the Board to upgrade his reenlistment code
to RE-1, under Commandant Instruction 1900.4A and the current SPD Handbook,
members discharged because of hardship could be assigned only an RE-4 or RE-3H
reenlistment code. The applicant presented some evidence to show that his wife’s ill-
ness has stabilized since 1977. However, the Board is not in a position to judge whether
the applicant’s wife’s medical condition should no longer be a potential deterrent to his
military service. Therefore, the Board finds that his reenlistment code should be
upgraded to RE-3H.
13. Accordingly, the Board finds that it is in the interest of justice to correct
the applicant’s SPD code to KDB; the narrative reason for separation shown on his DD
214 to “Hardship”; the separation authority to Article 12.B.7. of the Personnel Manual
(CG-207); and the reenlistment code to RE-3H.
[ORDER AND SIGNATURES ON FOLLOWING PAGE]
10 See BCMR Docket No. 2001-032.
ORDER
The application record of former DT3 xxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for
correction of his military is granted in part as follows:
Jordan S. Fried
The Coast Guard shall correct his DD 214 and other Coast Guard records,
including the form CGHQ-3299 in his record, to show that the separation authority is
Article 12.B.7. of the Personnel Manual (CG-207); his separation code is KDB; the
narrative reason for separation is “Hardship”; and his reenlistment code is RE-3H.
J. Carter Robertson
Kathryn Sinniger
CG | BCMR | Discharge and Reenlistment Codes | 2002-144
This final decision, dated July 24, 2003, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct her military record by changing the narrative reason and reenlistment code on her discharge form (DD form 214). He stated that when the CO provided the applicant with notice and the opportunity to make a statement, he should have also advised the applicant that the nature of her “unsuitability” for military service was her...
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 | 2005-158
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 | 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 | 2004-024
[The applicant] feels that the Coast Guard is also forcing he and his wife to separate, because of all of its 2 The Board normally reviews the appropriateness of the reenlistment code when it considers modifying the reason for discharge. The applicant has not presented any evidence that the Coast Guard committed any error or injustice by discharging him from the Coast Guard by reason of unsuitability due to a personality disorder. TJAG recommended, and the Board agrees, that copies of each...
CG | BCMR | Discharge and Reenlistment Codes | 2009-112
He was pre- scribed Darvon.4 On October 20, 1971, a medical officer in Long Beach stated that the applicant had been prescribed Valium at the U.S. Public Health Service Hospital in San Pedro on October 18, 1971, and had gone to the Naval Hospital REPOSE Annex in Long Beach the next day and was again 2 Benadryl, a brand name for the generic drug diphenhydramine, is prescribed for insomnia. The applicant denied having any pre-existing mental condition when he enlisted in the service and noted...
CG | BCMR | Disability Cases | 1997-092
However, Dr. x, Dr. x, and Dr. x, Coast Guard doctors who examined the applicant many times in 199x and 199x, diagnosed him as having both a personality disorder and a depressive mood disorder. Dr. x diagnosed him as having both dysthymia (a depressive mood disorder) and a personality disorder. Therefore, the Board finds that, at the time of his discharge, the applicant had recently been diagnosed by Coast Guard medical personnel with both (a) a depressive mood disorder (dysthymia), which...
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 | 2004-068
VIEWS OF THE COAST GUARD On May 28, 2004, the Judge Advocate (TJAG) of the Coast Guard submitted an advisory opinion recommending that the Board grant partial relief as recommended by the Commander, Coast Guard Personnel Command (CGPC). With respect to the merits of the application, CGPC stated that although the applicant's unsuitability discharge was appropriate under Article 12-B-10 of the Personnel Manual in effect at the time, it is in the interest of justice to change the reason for...
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...