DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2005-002
XXXXX XXXXXXX
xxxxxxxxxxxxxxxxxxxxxxxxxx
FINAL DECISION
AUTHOR: Hale, D.
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 October 1, 2004, upon receipt of the applicant’s
completed application and military records.
appointed members who were designated to serve as the Board in this case.
This final decision, dated June 9, 2005, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a former seaman yeoman (SNYN) in the Coast Guard,
asked the Board to correct her military record by upgrading the reenlistment
code on her discharge form (DD 214) so that she would be eligible to reenlist.
She was discharged on January 3, 2000, with an RE-4 reenlistment code
(ineligible for reenlistment), a JFX separation code (unsuitable for service due to
a personality disorder), and “Personality Disorder” as the narrative reason for
separation shown on her DD 214.
The applicant stated that she wants to go back on active duty and is fully
capable of performing her job. She alleged that her work history since her
discharge from the Coast Guard proves that she is a dedicated and hard worker.
In support of this allegation, she submitted a letter from her employer stating
that she “has proven herself to be very dependable and reliable. She has shown
good work ethic and is a self-starter. Heather shows integrity in her dealings
with others, and has a positive attitude towards all things.”
SUMMARY OF THE RECORD
On September 15, 1997, the applicant enlisted in the Coast Guard for a
term of four years. After completing boot camp, she was assigned to a cutter.
On July 7, 1999, the applicant received non-judicial punishment (NJP)
from her commanding officer (CO). She was found to have created false travel
orders for a friend and the applicant was subsequently punished with a
reduction in pay grade. On the page 7 administrative entry1 documenting the
NJP, she was assigned marks of 2 (on a scale of 1 to 7, with 7 being best) in the
“Responsibility” and “Integrity” performance categories.
On September 23, 1999, and October 8, 1999, the applicant was evaluated
at a naval mental health clinic for a variety of problems. On November 9, 1999,
the applicant was evaluated for a third time by a psychiatrist at the mental health
clinic, who noted a history of depressed mood, occasional suicidal ideations,
social withdrawal, decreased sleep, anhedonia,2 decreased energy, and decreased
concentration. Following her examination of the applicant, the psychiatrist
reported that:
This service member has been clinically determined to be unsuitable for
continued service based upon a DSM [Diagnostic and Statistical Manual
of Mental Disorders] IV diagnosis of an Adjustment Disorder with
depressed mood and Axis II diagnosis of Cluster B traits are sufficiently
severe as to preclude satisfactory performance of duty. Her disorder is a
consequence of her personality traits and concurrent inability to tolerate
the military environment. Given the member’s personality style that
makes her vulnerable to affective illness and poor judgment, she is likely
to continue to experience emotional difficulties. No amount of training or
leadership will reverse this condition. Her personality traits existed prior
to enlistment and are likely to continue even beyond discharge from
military service.
is not warranted at this time.
Administrative separation is strongly recommended.
Hospitalization
On November 17, 1999, the applicant’s commanding officer formally
notified her that he was initiating her discharge under Article 12.B.12.a. of the
1 An Administrative Remarks, or Page 7, entry documents any counseling that is provided to a
service member as well as any other noteworthy events that occur during that member’s military
career.
2 Anhedonia is a “total loss of feeling of pleasure in acts that normally give pleasure.”
DORLAND’S ILLUSTRATED MEDICAL DICTIONARY, 29TH ED. (2000), p. 89.
Coast Guard Personnel Manual because she had been diagnosed as having an
adjustment disorder. The CO also notified her that she was entitled to submit a
statement on her own behalf. The applicant signed a statement acknowledging
the notification, waiving her right to submit a statement, and indicating that she
did not object to being discharged.
On November 22, 1999, the CO recommended to the Coast Guard
Personnel Command (CGPC) that the applicant be honorably discharged for the
convenience of the government, based on her diagnosed adjustment disorder
with depressed mood. The CO wrote that the applicant had been clinically
determined to be unsuitable for continued service based upon her diagnosis.
On December 7, 1999, CGPC ordered the CO to discharge the applicant, in
accordance with Article 12.B.16., no later than January 3, 2000, with an honorable
discharge by reason of unsuitability, and with the “appropriate narrative reason
for discharge found in the separation program designator [SPD] handbook.” The
applicant was discharged on January 3, 2000, with the JFX separation code, an
RE-4 reenlistment code, and “Personality Disorder” as the narrative reason for
separation.
Prior to filing her application with the Board, the applicant submitted a
request to the Coast Guard’s Discharge Review Board (DRB) for the same relief
requested from the BCMR. On April 6, 2004, the DRB denied the applicant's
request, stating that her discharge had been carried out in accordance with Coast
Guard policy. On July 15, 2004, the Commandant reviewed the DRB’s decision
and approved its finding that the applicant’s discharge was proper.
VIEWS OF THE COAST GUARD
On February 14, 2005, the Judge Advocate General (JAG) of the Coast
Guard submitted an advisory opinion recommending that the Board grant relief
by correcting the applicant’s DD 214 to show a different separation authority,
separation code, reentry code, and narrative reason for separation.
The JAG relied on a memorandum from the Coast Guard Personnel
Command (CGPC) concerning the applicant’s request. CGPC recommended that
partial relief be granted, and stated that the applicant’s discharge did not
conform to the diagnosis provided by the psychiatrist who evaluated her and
recommended her discharge. CGPC noted that the applicant was diagnosed
with an adjustment disorder, but her DD 214 states that the reason for separation
was a personality disorder. CGPC further stated, “absent any record of any
psychological diagnosis stating such, I must assume that the decision to
discharge the applicant due to personality disorder was in error.” CGPC alleged
that the applicant is harmed by the continued assignment of the JFX separation
code and the RE-4 reenlistment code because they prevent the applicant from
reenlisting.
CGPC recommended that four changes be made to the applicant’s DD
214. It recommended that the separation authority be changed to Article 12.B.12.
of the Personnel Manual, that the separation code be changed to JFV,3 that the
reenlistment code be changed to RE-3G,4 and that the narrative reason for
separation be changed to “Condition, Not a Disability.”
3 JFV is used to denote an involuntary separation when a condition, not a physical disability,
interferes with the performance of duty. SPD Code Handbook, page 2-5.
4 An RE-3G means that the veteran is eligible for reenlistment if she can prove that she no longer
has the condition for which she was originally discharged.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On February 24, 2005, the BCMR sent the applicant a copy of the views of
the Coast Guard and invited her to respond within 30 days. She responded on
March 17, 2005, stating that she did not object to the Coast Guard’s
recommendation.
APPLICABLE LAW
Article 12.B.12.a. of the Coast Guard Personnel Manual provides that the
Commander may authorize or direct the separation of enlisted members for a
number of reasons, including unsuitability.
Chapter 5.B.2. of the Coast Guard Medical Manual lists the personality
disorders for which a member may be separated. Adjustment disorders are not
included and are addressed in Chapter 5.B.3 of the Manual, which states that
adjustment disorders “are generally treatable and not usually grounds for
separation,” but
that members with adjustment disorders may be
administratively discharged “when these conditions persist or treatment is likely
to be prolonged or non-curative (e.g. inability to adjust to military life …).”
Chapter 3.F.16.d. of the Medical Manual states that adjustment disorders
“do not render an individual unfit because of physical impairment. However, if
these conditions are recurrent and interfere with military duty, are not amenable
to treatment, or require prolonged treatment, administrative separation should
be recommended (see Section 5-B).”
Article 1.E. of the Coast Guard Instruction for completing discharge forms
states that a member’s DD 214 should show a separation code and reenlistment
code “as shown in the SPD Handbook or as stated by [CGPC] in the message
granting discharge authority.” The narrative reason for separation on the DD
214 must be whatever is specified by CGPC.
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
RE-4 or
RE-3G
12.B.12
RE Code
RE-4 or
RE-3G
Separation
Authority
12.B.16
Explanation
Involuntarily discharge [by direction] when a
personality disorder exists, not amounting to a
disability, which potentially interferes with
assignment to or performance of duty.
Involuntarily discharge [by direction] when a
condition, not a physical disability, interferes
with the performance of duty (Enuresis, motion
sickness, allergy, obesity, fear of flying, et al.)
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 is assigned to the member.
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 in this case pursuant to section 1552 of
title 10 of the United States Code. The application was timely. An applicant has
fifteen years from the date of discharge to apply to the DRB for an upgrade of her
discharge. The applicant applied to the DRB approximately four years after her
discharge, and the DRB issued a final decision on April 6, 2004. Pursuant to 33
CFR § 52.13, the applicant was required to exhaust her administrative remedies
by applying to the DRB. According to Ortiz v. Secretary of Defense, 41 F3rd. 738
(D.C. Cir. 1994), the BCMR’s three year statute of limitations begins to run at the
conclusion of DRB proceedings for an applicant who is required to exhaust
administrative remedies by applying to the DRB before seeking redress from the
BCMR. Therefore, the applicant’s BCMR application, received by the Board on
September 22, 2004, was timely.
2.
The Board notes that the applicant is not contesting her discharge
from the Coast Guard; she is only seeking a change in her reenlistment code so
she may be allowed to reenlist. The applicant’s DD 214 indicates that she was
discharged because of a personality disorder and given an RE-4 reenlistment
code. However, the record indicates and the Coast Guard admits that the
applicant was never diagnosed with a personality disorder. 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. The separation code for “Condition, Not a Disability” is
JFV, not JFX.
3.
The SPD Handbook permits an RE-3G reenlistment code as well as
an RE-4 for a discharge resulting from an adjustment disorder characterized as a
“Condition, Not a Disability.” The RE-4 code is a permanent bar to reenlistment,
but an RE-3G would require the applicant to satisfy a recruiting command that
she no longer suffers from her adjustment disorder before she would be allowed
to reenlist. Adjustment disorders are not permanent according to the DSM, and
the evidence submitted by the applicant indicates that she has been able to
maintain steady employment. Therefore, the Board agrees with the Coast Guard
that the applicant’s RE code should be upgraded to RE-3G.
4.
The JAG and CGPC recommended that the applicant’s DD 214 be
corrected to cure these inaccuracies. The Board agrees. 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 military service but does not amount to a physical
disability. The applicant was diagnosed with an adjustment disorder and her
CO recommended her discharge pursuant to Article 12.B.12.a. of the Personnel
manual, but her DD 214 indicates that she was discharged because she had a
“Personality Disorder.” This error, in turn, caused her DD 214 to reflect an
incorrect separation authority, and narrative reason for separation. The article of
the Personnel Manual that authorizes the separation of a member with a
condition that is not a disability, is Article 12.B.12, rather than 12.B.16.
5.
In light the applicant’s diagnosis and the JAG’s recommendation,
the Board finds that it would be in the interest of justice to correct the applicant’s
separation code to JFV, correct her narrative reason for separation to “Condition,
Not a Disability,” and correct the separation authority shown on her DD 214 to
Article 12.B.12. of the Personnel Manual. In addition, her reenlistment code
should be corrected to RE-3G.
[ORDER AND SIGNATURES ON FOLLOWING PAGE]
ORDER
The application of former XXXXXXXXXXXXXXXXXXXXXXX, USCG, for
correction of her military record is granted as follows:
Block 25 shall be corrected to show Article 12.B.12. of the Personnel
Manual as the separation authority.
Block 26 shall be corrected to show JFV as the separation code.
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
narrative reason for separation.
The Coast Guard shall issue the applicant a new DD 214 reflecting these
corrected entries.
_______________________________
James E. McLeod
_______________________________
J. Carter Robertson
_______________________________
Darren S. Wall
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