DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2005-082
FINAL DECISION
AUTHOR: Andrews, J.
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 Chair docketed
the application for correction on March 25, 2005, 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 January 5, 2006, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a former seaman apprentice (SA; pay grade E-2) in the
Coast Guard, asked the Board to correct his military record by upgrading the
reenlistment code on his discharge form (DD 214) from RE-4 so that he would be
eligible to reenlist. He was discharged on January 26, 2000, with an RE-4 reen-
listment code (ineligible for reenlistment), a JFX separation code (unsuitable for
service due to a personality disorder), and “Personality Disorder” as the narra-
tive reason for separation shown on his DD 214. The applicant asked that his
narrative reason for separation and separation and reenlistment codes be
upgraded to “Miscellaneous/General,” JND, and RE-1 (eligible to reenlist) or, if
not, to “Condition, Not A Disability,” JFV, and RE-3G (eligible to reenlist with
waiver).
The applicant alleged that the diagnosis of “personality disorder”1 was
based on two short consultations with a psychologist, Dr. G, after his command
gave her biased information. He stated that “she was very un-professional and
curt in her questioning, which led me to become very frustrated.” The applicant
alleged that at the time, he was under a lot of stress because his grandfather had
died of cancer and he had been in a boating accident and incurred “a life chang-
ing knee injury that the USCG doctor did not take seriously.” The applicant
stated that he was actually suffering from a temporary “adjustment disorder,”2
rather than a permanent “personality disorder,” and that the stresses that caused
the adjustment disorder are no longer present in his life. He argued that upgrad-
ing his DD 214 as requested would be consistent with several of this Board’s past
decisions.
The applicant alleged that while in the Coast Guard, he never received
non-judicial punishment (NJP) and “carried out my duties to the best of my
abilities even when my command made me feel isolated and moved the only
person who tried to help me with my career to another duty rotation.” The
applicant alleged that since his discharge, he has “had stable employment, never
been in trouble with the law, … [and earned an] AA degree in Paralegal Studies”
in a program approved by the American Bar Association. The applicant submit-
ted many medical records and other documents in support of his allegations,
including
•
two letters of recommendation from the Office of the Commonwealth’s
Attorney in xxxxxxxxxxxxxxx, which indicate that the applicant is a very
personable and hard worker, who has shown himself to be willing to learn
1 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-compulsive. 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.
2 Adjustment disorders are defined as psychological responses to identifiable stressors that result
in the development of clinically significant emotional or behavioral symptoms. Adjustment
disorders are not personality disorders and normally disappear when the stressors disappear.
American Psychiatric Association, DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS,
FOURTH EDITION, TEXT REVISION (2000) (DSM-IV-TR), p. 679.
and follow directions, is very committed to self improvement, has “excellent
people skills”;
• a letter of recommendation from the head of the Legal Assisting Program
at the applicant’s college, stating that the applicant has a “strong work ethic”
and is “extremely good natured,” never disruptive, and “always courteous
and polite”;
• a letter of recommendation from a veterans’ employment representative at
the xxxxxxxxxx Employment Commission, stating that the applicant is a
“quick learner, a team player,” who works quite competently with little
supervision; and
• a letter of recommendation from the Director of Human Resources at a
security company, stating that the applicant was a responsible, efficient, and
trustworthy security guard.
SUMMARY OF APPLICANT’S MILITARY AND MEDICAL RECORDS
The applicant first enlisted in the Coast Guard on July 29, 1997, at the age
of 18. On his Report of Medical History prior to his enlistment, the applicant
denied ever having suffered from depression or having been treated for a mental
condition. Following boot camp, he was assigned to a cutter on the xxxx Coast.
On January 8, 1998, the applicant’s command referred him for a psychiat-
ric evaluation. Several “page 7” record entries indicate that the applicant was
disruptive, argumentative, and threatening to crewmates and superiors at his
command. The applicant told the doctor that no one on his boat understood him
and that “they need to adjust their attitudes.” He admitted that his mother had
taken him to a psychiatrist while in high school. Dr. N found him to be angry
and volatile and diagnosed him with an “Adjustment Disorder with Mixed Dis-
turbance of Emotion and Conduct.” The applicant was sent to anger and stress
management classes.
On February 13, 1998, Dr. N noted that the applicant had been referred for
evaluation due to continuing disruptive, disrespectful behavior and to making
threatening remarks to crewmates and superiors. Dr. N noted that it was
unlikely that the applicant would ever adapt to military life and recommended
that he be administratively discharged.
On May 15, 1998, the applicant was honorably discharged from the Coast
Guard with “Personality Disorder” as the narrative reason for separation on his
DD 214, a JFX separation code (denoting an involuntary discharge due to a per-
sonality disorder), and an RE-3G reenlistment code.
In September 1998, the applicant consulted Dr. S pursuant to an attempt to
receive a waiver and enlist in the Navy. Dr. S wrote that the applicant said he
had been discharged from the Coast Guard in May 1998 due to a diagnosed
adjustment disorder after having two confrontations—one with a crewmate and
one with a lieutenant. The applicant reported that he had been under stress due
to a serious accident and injury and his father’s illness. Dr. S wrote that there is
“[n]o current evidence for major psych. illness—[patient] states he feels more
mature to handle conflict/stress—father is in good health—Obviously, I cannot
predict precisely how [he] may handle conflict in future, but I see no current evi-
dence for psychiatric illness.”
On October 3, 1998, Dr. R of a Department of Veterans Affairs (DVA) hos-
pital wrote that “[n]either the applicant’s background not his current mental
status are consistent with any thought disorder or mood disorder” and that test-
ing would be necessary to determine whether there was a personality disorder,
which was not detectable during their interview.
On December 1, 1998, a clinical psychologist’s report reported that he
agreed with Dr. R that the applicant had “no psychiatric disorder.” The psy-
chologist noted that mental disorders testing by the DVA on November 12, 1998,
had revealed “no clinical disorder” and that “[t]he only disorder that he could
possibly qualify for is number 309.9, adjustment disorder not otherwise
specified. This primarily is a stress-related disorder, associated with the current
distress that [he] is experiencing with regard to the problems that he is having
with his job and the diagnosis. … It is unfortunate that [the applicant] has been
labeled with the diagnosis of personality disorder, which carries many negative
impressions and expectations … . It is unclear as to whether or not he has ever
really met the criteria, which include the requirement that such a disorder be
ongoing for a number of years.”
Subsequently, the applicant asked his congressman to help him reenlist in
the Coast Guard. He wrote that he loved the sea and wanted to complete a 20-
year career in a sea-going service. Initially, the Coast Guard refused to grant a
waiver, stating that too little time had passed since his discharge. However, on
July 8, 1999, the applicant was allowed to reenlist in the Coast Guard after
receiving a waiver.
On October 22, 1999, the applicant’s command counseled him about “dis-
ruptive and non-conforming behavior.” The record entry notes that he had twice
asked to be discharged and was slow to achieve qualifications and that the
“[t]ime that you spend figuring out how you can get discharged from the Coast
Guard or get out of your responsibilities of Boat Crewman is time that could be
spent working on your quals.” The applicant refused to sign the entry.
On October 27, 1999, the applicant hurt his right knee playing football. He
told a doctor that he had been having anxiety attacks, nightmares, sleeplessness,
and headaches since a boating incident on October 10, 1999. The applicant told
the doctor that he would not go back on the cutter and “wanted out of the Coast
Guard.” The applicant also told the doctor that he had “thoughts of harming
fellow co-workers.” The doctor referred him to a clinical psychologist and noted
that the applicant should be evaluated to “rule out” post-traumatic stress
disorder, specific phobia, and personality disorder.
On November 2, 1999, a clinical psychologist, Dr. G interviewed the appli-
cant and noted that he said he was “feeling like he was going to explode.” Dr. G
wrote that the applicant reported having “difficulty [with] the lack of freedom in
the USCG” and a “significant fear of being on a boat.” She wrote that he wanted
to be discharged so that he could enlist in the National Guard.
On November 9, 1999, Dr. G again interviewed the applicant. According
to her report, he insisted that his only problem with being in the Coast Guard
was his fear of boats since his boat “capsized” on October 10, 1999. Dr. G noted
that this statement contradicted one he had made to her on November 2, 1999,
when he told her that the boat had simply tilted and taken on water. The appli-
cant became “very angry and frustrated when it was suggested that there might
be additional factors in his difficulty in the USCG.” The applicant told Dr. G that
he had difficulty in the Coast Guard because of the “culture shock” and that he
felt like a “slave.” He told her that he “is very aware of his surroundings in the
event someone may attempt to harm him” and had recently thought that some
workmen were installing a “listening device above his room because they
seemed to be taking a rather long time to complete a job on the sprinkler sys-
tem.” He admitted that he had been previously discharged following “numer-
ous instances of … hostile, aggressive behavior towards other service members.”
She noted that he had recently hurt his leg while playing football. Dr. G diag-
nosed the applicant with “Adjustment Disorder with Mixed Anxiety and
Depressed Mood” and “Antisocial and Paranoid Traits.” The psychologist con-
cluded that the applicant had “difficulty with authority and structure” and was
maladjusted to a military lifestyle. She noted that he “utilizes rationalization and
externalization of blame and lacks insight into the role his own behavior plays in
his difficulties, thereby making a change in his behavior very unlikely.” Dr. G
“strongly recommended administrative separation based on the diagnosis of an
adjustment disorder” and “strongly recommended that [he] not be able to re-
enlist in the military.”
On November 10, 1999, the officer in charge (OIC) of the applicant’s unit
informed him that he was initiating the applicant’s administrative discharge due
to the diagnosed adjustment disorder. The OIC noted that the applicant had
been slow in achieving qualifications and had expressed a desire to be released
from the Coast Guard on numerous occasions.
On November 17, 1999, the applicant waived his right to submit a state-
ment on his own behalf and noted that he did not object to being discharged. He
stated that he regretted enlisting on active duty and would rather be in the
Reserve or National Guard.
On November 19, 1999, the OIC recommended to the Coast Guard Per-
sonnel Command (CGPC) that the applicant be discharged for unsuitability due
to his diagnosed adjustment disorder. The OIC noted that the applicant “has dif-
ficulty accepting orders and in general, he is having an extremely difficult time
adjusting to the military lifestyle.” The OIC wrote that the applicant’s “mental
condition and behavior are unpredictable and unacceptable and he should not be
allowed to enter any branch of the military.”
On December 28, 1999, CGPC directed that the applicant be discharged for
unsuitability with the JFX (personality disorder) separation code and an RE-4
reenlistment code.
On January 8, 2000, a Navy orthopedic surgeon reported that the
applicant had had a “complete anterior cruciate ligament tear” with a “possible
meniscal tear” in his right knee and was “unable to fully extend his knee.”
Therefore, the applicant had undergone reconstructive surgery on December 13,
1999. During surgery, the surgeon had discovered “a severe complex bucket
handle tear, which was not repairable, so the majority of his lateral meniscus was
removed.” The surgeon stated that the applicant would require six months of
intensive rehabilitation and that “his premature discharge from the Coast Guard
would harm his chances for an excellent result from his surgery. … At the end of
six months, I can better determine any type of potential disability for his future
and whether or not he will require a medical board at that time.” The surgeon
noted that the applicant was currently serving in a limited duty status and was
not deployable.
On January 11, 2000, the applicant underwent a discharge physical exami-
nation. On a Report of Medical History, he noted his recent knee surgery and
ongoing knee pain and cramps. Dr. N found that his knee condition was not
disqualifying, pursuant to Article 2.C.2.e. of the Physical Disability Evaluation
System (PDES) Manual, and found him qualified for separation in accordance
with Chapter 3-F-16.c. of the Medical Manual. Dr. N noted that the applicant
should continue rehabilitation therapy for his knee. Dr. N also noted that the
applicant suffered from an “Adjustment Disorder with Mixed Disturbance of
Emotion and Conduct” but had “no permanent disqualifying physical or mental
defects.”
On January 13, 2000, the applicant signed a form objecting to the results of
the examination and stating that he did not agree that he was able to perform his
duties or had a “high expectation of recovery in the near term from illness,
injury, or surgical procedure such that I would again be able to perform my
usual duties.”
On January 18, 2000, the applicant sent CGPC a written statement of
objection to being found fit for discharge. He stated that he wanted to remain on
active duty until he had completed rehabilitation treatment for his knee. He also
asked for another psychological evaluation. He stated that Dr. G’s evaluation
was “biased and tainted with frustration that I created.”
On January 20, 2000, the applicant’s command notified CGPC that the
applicant had refused to disclose whether he had submitted a written objection
regarding the finding of fitness for separation to CGPC. On January 24, 2000,
CGPC informed the command that the applicant’s case had been carefully
reviewed and that he had been found fit for separation by both the examining
physician and the medical staff at CGPC. CGPC noted that the applicant could
continue his physical therapy after his separation. CPGC ordered the command
to effect the applicant’s separation.
On January 26, 2000, the applicant was honorably discharged with a JFX
separation code, an RE-4 reenlistment code, and “Personality Disorder” as the
narrative reason for separation on his DD 214, in accordance with Article 12.B.16.
of the Personnel Manual.
On July 23, 2001, a clinical psychologist, Dr. M, reported that the applicant
“presented with vague complaints of mood disorder that have eluded firm diag-
nosis” and complained that he had not been selected for several jobs for which
was well qualified. Dr. M stated that the applicant explained that he had not “fit
in” in the Coast Guard because it “isn’t very integrated and I don’t go to clubs, I
don’t drink, I don’t like country music, I don’t like NASCAR.” He noted that the
applicant could not explain why he had reenlisted except that he “had hoped
things would go smoother and be more tolerable during his second tour but they
were not.” Dr. M reported that test results showed the following:
Results did NOT suggest problems with depression, anxiety, paranoia, PTSD,
psychosis, substance abuse, or prominent antisocial personality features. As
such, results were inconsistent with [the applicant’s] prior personality disorder
diagnosis. [He] did demonstrate a significant elevation on one scale sensitive to
manic-like symptoms. However, examination of relevant subscales indicates that
elevation was due to stable character features reflecting exaggerated self-impor-
tance, self-centeredness, cynicism, stubbornness and a tendency to be overly
opinionated. He does not demonstrate such characteristics to a clinically debili-
tating level. … [The applicant] does not appear to meet diagnostic criteria for
any mental health disorder at this time. A prior diagnosis of personality disorder
(paranoid/antisocial traits) does not appear consistent with his overall history
nor with current test results.
On July 13, 2004, the Commandant of the Coast Guard approved the rec-
ommendation of the Discharge Review Board (DRB) and denied the applicant’s
request for an upgraded reenlistment code, separation code, and narrative reason
for separation. The DRB noted that “two separate military doctors diagnosed
applicant with a personality disorder.”
On July 26, 2005, the DVA informed the applicant that his 10% disability
rating for post-traumatic arthritis in his right knee would be continued but that
service connection for his adjustment disorder, “also claimed as personality dis-
order,” was denied. The DVA stated that the denial was based on a lack of any
evidence of a “permanent residual or chronic disability.” The DVA also stated
that at an examination on June 17, 2005, the examiner found “no diagnosis of cur-
rent psychiatric disorder” and noted that his “previous diagnosis has resolved
[since] you were removed from the situation which was causing your stress.”
VIEWS OF THE COAST GUARD
On August 9, 2005, the Judge Advocate General (JAG) of the Coast Guard
submitted an advisory opinion recommending that the Board grant partial relief
by correcting the applicant’s narrative reason for discharge to “Condition, Not A
Disability” and his separation code to JFV. However, he recommended that the
Board not upgrade the applicant’s reenlistment code.
The JAG adopted as part of his advisory opinion a memorandum on the
case prepared by CGPC. CGPC stated that the applicant was discharged due to a
diagnosed adjustment disorder, rather than a personality disorder, and so should
have been discharged
the
corresponding JFV separation code. CGPC also stated, however, that the record
indicates that the applicant should not be considered for future reenlistment in
the military. CGPC stated that upgrading the RE-4 to an RE-3G would
circumvent the recommendation of the clinical psychologist, Dr. G. CGPC stated
for a “Condition, Not A Disability” with
the separation authority for discharging someone due to a condition that is not a
disability is Article 12.B.6. of the Personnel Manual.
The JAG argued that “[a]bsent strong evidence to the contrary,” the Board
must presume that the doctors involved in the applicant’s discharge “carried out
their duties correctly, lawfully, and in good faith.” Arens v. United States, 969 F.2d
1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl.
1979). He argued that the medical records show that Dr. G took into considera-
tion the applicant’s boating incident, medical history, and family history before
strongly recommending that the applicant be separated and not be allowed to
reenlist in the military. He stated that the record also shows that it was the
applicant who was curt and uncooperative during the evaluation. Moreover, the
JAG pointed out, the applicant did not object to his discharge. He argued that
the applicant has not proved by a preponderance of the evidence that his RE-4
reenlistment code is erroneous or unjust.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On August 16, 2005, the applicant responded to the views of the Coast
Guard. The applicant asked the Board to grant full relief as the rules allow a
member being discharged due to a condition, not a disability, to receive an RE-
3G. The applicant complained that Dr. G was not professional as she did not
offer him relief, medication, or other remedies. He stated that she took the side
of his command and was biased against him. The applicant argued that since the
Coast Guard has admitted that he was discharged due to an adjustment disorder,
which is temporary, he should receive the RE-3G. He also argued that the RE-4
is unjust because it stops him from reenlisting in any military service, but he has
not been in all of the military branches.
APPLICABLE LAW
Article 12.B.16. of the Coast Guard Personnel Manual authorizes enlisted
personnel with diagnosed personality disorders that are listed in Chapter 5 of the
Medical Manual to be discharged by reason of unsuitability at the direction of
the Commandant.
Chapter 5.B.2 of the Medical Manual lists personality disorders that qual-
ify a member for administrative discharge pursuant to Article 12.B. of the Per-
sonnel Manual. Adjustment disorders are not included among the personality
disorders listed in Chapter 5.B.2. of the Medical Manual. Chapter 5.B.3 of the
Medical Manual states that adjustment disorders “are generally treatable and not
usually grounds for separation,” but that members with adjustment disorders
may be administratively discharged “when these conditions persist or treatment
is likely to be prolonged or non-curative (e.g. inability to adjust to military life
…).” Chapter 3.F.16.d of the Medical Manual states that adjustment disorders
“do not render an individual unfit because of physical impairment. However, if
these conditions are recurrent and interfere with military duty, are not amenable
to treatment, or require prolonged treatment, administrative separation should
be recommended (see Section 5-B).”
Article 12.B.16.d. of the Personnel Manual provides that every member
discharged under the article shall be notified of the reason he is being considered
for discharge and shall be allowed to submit a statement on his own behalf.
Article 12.B.16.h. provides that every member “under consideration for discharge
for unsuitability must have a physical examination performed by a Public Health
Service or Armed Forces medical officer. If one is not available locally, a contract
physician may perform the exam.”
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
JND Miscellaneous/
General Reasons
RE-1 or
RE-4
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.)
Involuntary discharge [by direction] when a
Service component does not have a Service
reporting requirement for specific reasons and
desires to identify reasons collectively “All
other reasons” which qualify a member for
separation.
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.
Article 12.B.12.a.12. of the Personnel Manual authorizes enlisted personnel
with a diagnosed “condition that, though not a physical disability, interferes
with performance of duty” to be discharged for the convenience of the Govern-
ment.
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 sec-
tion 1552 of title 10 of the United States Code.
2.
Although the applicant filed his application more than three years
after his discharge, he filed it within three years of having timely filed an appli-
cation with the DRB, which has a fifteen-year statute of limitations. Therefore,
the Board finds that the application is timely in accordance with the decision in
Ortiz v. Sec’y of Defense, 41 F.3d 738, 743 (D.C.C. 1994).
3.
The record indicates that the applicant was discharged due to a
diagnosed adjustment disorder, not a personality disorder. An adjustment dis-
order is not a personality disorder.3 There are a limited number of separation
codes available to the Coast Guard; they cannot be tailor-made to reflect exactly
the circumstances of each member’s discharge. Therefore, a member sometimes
receives a separation code and narrative reason for separation that do not per-
fectly reflect the cause of his discharge. Nonetheless, because civilian employers
often demand to see former servicemembers’ DD 214s prior to hiring them, it is
extremely important for DD 214s to be fair and not to unduly tarnish service-
members’ records without just cause and substantial evidence. The record con-
tains several doctors’ evaluations that state that the applicant does not have a
personality disorder. Therefore, the Board agrees with the JAG and CGPC that
the applicant’s separation code and narrative reason for separation should be
corrected to JFV and “Condition, Not A Disability” because an adjustment dis-
order is a normally temporary medical condition that does not constitute a
physical disability.
4.
The article of the Personnel Manual that authorizes the discharge of
a member for a condition that is not a disability is Article 12.B.12., rather than
Article 12.B.16. or Article 12.B.6. (as indicated by CGPC). Therefore, the dis-
charge authority noted on the applicant’s DD 214 should also be corrected to be
consistent with his narrative reason for discharge.
3 Coast Guard Medical Manual, Chap. 5.B.2.; American Psychiatric Association, DIAGNOSTIC AND
STATISTICAL MANUAL OF MENTAL DISORDERS, FOURTH EDITION, TEXT REVISION (2000) (DSM-IV-
TR), p. 679.
5.
The applicant asked that his discharge be upgraded to RE-1 or at
least RE-3G. He submitted doctors’ reports indicating that his adjustment disor-
der has abated since he left active duty. He also submitted several employment
references showing that he has been successful in civilian life. However, the
applicant’s record contains several doctors’ statements indicating that he was
unable to adapt to a military lifestyle. During his two enlistments, the applicant
was repeatedly described by doctors and superior officers as hostile, disruptive,
frustrated, volatile, argumentative, and disrespectful toward superiors. A doctor
reported on October 27, 1999, that the applicant admitted to having had thoughts
of harming his fellow servicemembers. Moreover, according to Dr. G’s notes, the
applicant stated on November 2, 1999, that he had difficulty with “the lack of
freedom” in the Coast Guard. He told her on November 9, 1999, that taking
orders made him feel like a “slave.” Following orders is an inherent part of all
military service. In light of his medical and military records, the Board finds that
the applicant has not proved by a preponderance of the evidence that the RE-4
reenlistment code on his DD 214 is erroneous or unjust.
6.
Accordingly, the applicant’s request to have his RE code upgraded
should be denied, but the partial relief described in findings 3 and 4 should be
granted.
[ORDER AND SIGNATURES ON FOLLOWING PAGE]
ORDER
The application of former xxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for
correction of his military record is granted in part as follows:
Block 25 on his DD 214 shall be corrected to show that he was discharged
under the authority of Article 12.B.12. of the Personnel Manual (COMDTINST
M1000.6A).
Block 26 shall be corrected to show that he received the separation code
JFV.
Block 28 shall be corrected to show “CONDITION, NOT A DISABILITY”
as the narrative reason for separation.
The Coast Guard shall issue the applicant a new DD 214 with these
corrections made in the original (not by hand and not by issuing a DD 215).
No other relief is granted.
______________________________
Stephen H. Barber
______________________________
Harold C. Davis, M.D.
______________________________
David Morgan Frost
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 | 2007-028
of the Coast Guard Instruction for completing discharge forms states that a member’s DD 214 should show a separation code and reenlistment code “as shown in the SPD Handbook or as stated by [CGPC] in the message granting discharge authority.” The narrative reason for separation on the DD 214 must be whatever is specified by CGPC. The Personnel Manual and Medical Manual permit the separation of members with diagnosed adjustment disorders, as well as those with personality disorders, and the...
CG | BCMR | Discharge and Reenlistment Codes | 2005-002
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...
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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 | 2004-057
The patient was discharged back to the Coast Guard fit for full duty. I noted that because the applicant was on limited duty for his ankle and because he had major depression, panic attacks, ADHD, and back and knee problems he required further evaluation prior to discharge.4 The applicant alleged that when he returned to his unit with the medical evaluation performed by Dr. In this regard, the Board notes the following with respect to the applicant's diagnosed medical conditions at the...
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 | Discharge and Reenlistment Codes | 2005-134
of the Coast Guard Instruction for completing discharge forms states that a member’s DD 214 should show a separation code and reenlistment code “as shown in the SPD Handbook or as stated by [CGPC] in the message granting discharge authority.” The narrative reason for separation on the DD 214 must be whatever is specified by CGPC. The applicant was diagnosed with an anxiety and adjustment disorder and his CO recommended his discharge pursuant to Article 12.B.12.a. In light of the...
CG | BCMR | Discharge and Reenlistment Codes | 2004-167
CGPC also noted that a civilian psychiatrist did not find that the applicant had a personality disorder. The Coast Guard did not commit an error by discharging the applicant by reason of personality disorder based on the psychiatric report dated December 27, 2002, in which the military psychiatrist determined that the applicant suffered from a personality disorder NOS with narcissistic traits and that he could be discharged if his performance and behavior did not improve. While the Board...
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 | 2008-042
The military record indicates that the applicant enlisted in the active duty Coast Guard on April 2, 2002. I have had difficult times at Station [G] with the command, and respectfully request a change in rate. While the applicant’s negative behavior and performance would support an RE-4 reenlistment code, the Board finds that the RE-3G is the more appropriate code because it recognizes that the applicant’s discharge was the result of a specific phobia condition that interfered with...