DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2008-127 
 
xxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxx 

 

 

FINAL DECISION 

 
 
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 case on May 20, 2008, 
upon  receipt  of  the  completed  application,  and  assigned  it  to  staff  member  J.  Andrews  to 
prepare the decision for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This final decision, dated November 25, 2008, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
The applicant, who was honorably discharged from the Coast Guard on January 18, 2000, 
 
after just four months and five days on active duty, asked the Board to correct his discharge form, 
DD 214, by upgrading his reenlistment code from RE-4 (ineligible) and by changing his separa-
tion  code  and  narrative  reason  for  separation  to  reflect  a  cause  for  separation  other  than 
“personality disorder.”1  The applicant alleged that he has never had a personality disorder.  In 
support of his allegation, the applicant submitted copies of the following documents: 
 

• 

In a letter dated December 8, 2003, a licensed psychologist states that he had conducted 
an MMPI-2 personality test on the applicant on January 20, 2002, pursuant to his attend-
ing a security officer training academy, and that the test showed that the applicant was “in 

                                                 
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. 

compliance with the psychological aspects of Lethal Weapons Training Act 235 at that 
time.” 

• 

In a memorandum dated September 16, 2004, the Chief Surgeon of the Army National 
Guard stated that a medical waiver had been approved to allow the applicant’s enlistment 
based on a favorable report of a psychiatric evaluation regarding the personality disorder 
noted by the Coast Guard. 

• 

In a letter dated January 9, 2004, the applicant’s supervisor at Leonard Security Services 
stated that the applicant is an excellent employee. 

 

 

 

SUMMARY OF THE RECORD 

 
 
On September 14, 1999, at age 19, the applicant enlisted in the Coast Guard.  The report 
of  his  pre-enlistment  physical  examination,  dated  July  20,  1999,  indicates  that  he  was  fit  for 
enlistment.  Other medical records indicate that he complained of chest pain during boot camp, 
but testing revealed no physical cause for his symptoms. 
 
 
Upon completing boot camp, the applicant was assigned to Station Cleveland Harbor.  On 
January 4, 2000, a psychologist reported that the applicant had been referred for evaluation by 
his command “because of recurrence of panic attacks and difficulty adjusting to military.”  The 
applicant  complained  of  frequent  insomnia,  migraine  headaches,  shortness  of  breath,  stomach 
cramping, chest pain, light headedness, and inability to concentrate.  A medical evaluation had 
shown no physical cause for his symptoms, and taking the antidepressant Zoloft for two months 
had not relieved his symptoms.  The psychologist cited his “diagnostic impression” as “Axis I: 
Panic Attacks, Adjustment Disorder with Depressed Mood, Occupational Problem; Axis II: No 
diagnosis.”2  The psychologist noted that the applicant suffered from no disqualifying mental or 
physical defect ratable as a disability and recommended that he be administratively discharged. 
 
 
On January 10, 2000, the applicant’s command reported to the Coast Guard Personnel 
Command  (CGPC)  that  the  applicant  had  been  diagnosed  by  a  clinical  psychologist  with 
“309.0,” which is the code for an adjustment disorder with depressed mood; that the command 
requested authorization to discharge him for unsuitability; and that the applicant had waived his 
right to submit a statement. 
 
 
On January 11, 2000, CGPC authorized the command to discharge the applicant with an 
honorable discharge under Article 12.B.16. of the Personnel Manual, an RE-4 reenlistment code, 
a JFX separation code (involuntary discharge due to a diagnosed personality disorder), and “the 
appropriate narrative reason for disch[arge] found in the Separation Program Designator Hand-
book.” 
 
                                                 
2 Panic attacks are not personality disorders or any kind of coded disorder but are noted under anxiety disorder as 
discrete  periods  of  intense  fear.    DSM-IV-TR,  pp.  429-30  and  685.  Adjustment  disorders  are  psychological 
responses to identifiable stressors that result in the development of emotional or behavioral symptoms.  Adjustment 
disorders are not personality disorders and normally disappear when the stressors disappear.  Id. at 679.  Personality 
disorders are coded on Axis II. Id. at 686. 

On January 18, 2000, the applicant was honorably discharged with an RE-4 reenlistment 
code; a JFX separation code; “personality disorder” as the narrative reason for separation; and 
Article 12.B.16. of the Personnel Manual as the authority for separation. 
 

In a decision dated July 26, 2004, the Discharge Review Board (DRB) denied the appli-
cant’s request to be discharged “for the good of the service” with an upgraded reenlistment code 
based  on  the  lack  of  “a  definitive  diagnosis  concerning  the  applicant’s  mental  well  being  but 
noted  that  a  dissenting  member  felt  that  the  applicant  should  have  the  opportunity  to  provide 
such documentation. 
 

VIEWS OF THE COAST GUARD 

 
On October 14, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion recommending that the Board grant partial relief in this case pursuant to the 
recommendation in a memorandum by CGPC. 
 
 
CGPC noted that the application was not timely filed because it was submitted more than 
three years after the applicant was notified of the decision of the DRB.  However, CGPC stated, 
the  applicant  was  not  diagnosed  with  a  personality  disorder,  but  with  an  adjustment  disorder.  
CGPC noted that the BCMR often corrects applicants’ DD 214s in such cases to reflect “condi-
tion, not a disability” as the narrative reason for discharge under separation code JFV, rather than 
“personality disorder” under JFX.  CGPC recommended that the Board grant similar relief but 
stated that the narrative reason for discharge should be “convenience of the government,” which 
is the title of Article 12.B.12. of the Personnel Manual, wherein lies the authorization for dis-
charging members with medical conditions that are not disabilities.  CGPC recommended that 
the  applicant’s  reenlistment  code  be  upgraded  from  RE-4  (ineligible)  to  RE-3G  (eligible  with 
waiver). 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On  October  23,  2008,  the  applicant  responded  stating  that  he  has  no  objection  to  the 
recommendation  of  the  Coast  Guard.   The  applicant  also  submitted  a  copy  of  a  letter  from  a 
recruiter for the United States Marine Corps.  The recruiter stated that he has been working with 
the applicant to enlist him and that the “only thing that is holding him back is his reenlistment 
code.”  He asked that the applicant’s request for an RE-3 reenlistment code be considered so that 
he may be enlisted in the Marine Corps. 
 

APPLICABLE REGULATIONS 

 

 

 
Article 12.B.16. of the Coast Guard Personnel Manual in effect in 2000 authorized enlist-
ed personnel with diagnosed personality disorders 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 qualify a member for 
 
administrative discharge pursuant to Article 12.B. of the Personnel Manual.  Neither panic disor-
ders  nor  adjustment  disorders  are  included  among  the  personality  disorders  listed  in  Chapter 

 

5.B.2. of the Medical Manual.  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.” 

 
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.12.a.12. of the Personnel Manual authorizes enlisted personnel with a diag-
nosed “condition that, though not a physical disability, interferes with performance of duty” to be 
discharged for the convenience of the Government.   
 
 
following: 
 

Article 1.E. of COMDTINST M1900.4D, the manual for completing DD 214s, states the 

Block 25. Separation Authority.  
1.  Enlisted  Personnel.  Enter  the  appropriate  separation  authority  associated  with  a  particular 
authority and reason for separation as shown in the SPD Handbook, unless otherwise directed by 
the MPC-SEP. … 
 
Block  26.  Separation  Code. Enter  the  appropriate  separation  code  (SPD)  associated  with  a  par-
ticular  authority  and  reason  for  separation  as  shown  in  the  SPD  Handbook  or  as  stated  by  the 
MPC-SEP in the message granting discharge authority.  
 
Block 27. Reenlistment Code.  
1. Enlisted Personnel. Enter the appropriate reenlistment code to denote whether or not the mem-
ber  is  recommended  for  reenlistment.  Use  only  the  proper  reenlistment  code  associated  with  a 
particular SPD Code as shown in the SPD Handbook….  
 
Block  28.  Narrative  Reason  for  Separation.  Only  the  narrative  reason,  i.e.  UNSUITABILITY, 
MISCONDUCT, etc. is to be entered--do not enter additional information, i.e. "Due to frequent 
involvement with civil authorities, financial irresponsibility, etc."  
1. Enlisted Personnel. The MPC-SEP will specify entries to be made in this item by pertinent letter 
or orders issued.  … 

 

The SPD Handbook includes the following combinations of codes and narrative reasons 

for separation which might apply to the applicant’s case: 
 

SPD 
Code 
JFX 

Narrative Reason 
for Separation 
Personality 
Disorder 

 

RE Code 
RE-4 or 
RE-3G 

Separation 
Authority 
12.B.16. 

JFV 

Condition, Not a 
Disability 

RE-4 or 
RE-3G 

12.B.12. 

 
Explanation 
Involuntarily discharge [by direction] when a personality 
disorder exists, not amounting to a disability, which 
potentially interferes with assignment to or performance 
of duty. 
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.) 

 

ALCOAST 562/08, issued on November 14, 2008, stated the following in pertinent part: 

2.    Inconsistencies  have  been  noted  in  the  way  some  field  units  have  completed  the  DD-214, 
specifically with regard to blocks 24 and 28 of the form. 
3.  COMDT (CG-1221) recently met with DOD officials to review the policies and guidance that 
must  be  followed  when  completing  the  DD-214.    A  determination  was  made  that  the  Coast 
Guard’s guidance in [COMDTINST M1900.4 (series)] for completing blocks 24 (character of ser-
vice) and 28 (narrative reason for separation) are not consistent with DOD directives, prompting 
this clarification of policy. 

5.    Block  28  must  only  state  the  narrative  reason  found  in  the  Separation  Program  Designator 
(SPD) Code Handbook.  Narrative reasons such as Unsuitability and Convenience of the Govern-
ment are not found in the SPD Code Handbook and, therefore, are not considered narrative rea-
sons. 

●  ●  ● 

 
 

 

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: 
 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.  

The applicant has exhausted his administrative remedies by applying to the DRB. 

1. 

 
2. 

 
3. 

 
4. 

 
An application to the Board must be filed within three  years after the applicant 
discovers, or reasonably should have discovered, the alleged error or injustice.3  However, the 
Board’s statute of limitations is tolled in a case over which the DRB has jurisdiction until the 
DRB renders a decision.4  The DRB rendered  a  decision upon the applicant’s request in July 
2004, and he did not file his application with this Board until more than three years later, on May 
10, 2008.  Therefore, the application was untimely. 

Pursuant to 10 U.S.C. § 1552(b), the  Board may  excuse the untimeliness of an 
application if it is in the interest of justice to do so.  In Allen v. Card, 799 F. Supp. 158, 164 
(D.D.C. 1992), the court stated that to determine whether the interest of justice supports a waiver 
of the statute of limitations, the Board “should analyze both the reasons for the delay and the 
potential merits of the claim based on a cursory review.”  The court further instructed that “the 
longer the delay has been and the weaker the reasons are for the delay, the more compelling the 
merits would need to be to justify a full review.”5  Because the applicant’s delay in filing his 
application was not very long and the evidence of record reveals significant merit in his claim, as 
explained below, the Board finds that it is in the interest of justice to excuse the untimeliness of 
the application. 

The  applicant’s  DD  214  indicates  that  he  was  diagnosed  with  and  discharged 
because of a personality disorder even though the applicant was never diagnosed with a personal-
ity disorder during his four months in the Coast Guard.  Instead, he was diagnosed with panic 
                                                 
3 10 U.S.C. § 1552(b); 33 C.F.R. § 52.22. 
4 Ortiz v. Secretary of Defense, 41 F.3d 738, 743 (D.C. Cir. 1994). 
5 Allen v. Card, 799 F. Supp. 158, 164-65 (D.D.C. 1992); see Dickson v. Secretary of Defense, 68 F.3d 1396 (D.C. 
Cir. 1995). 

attacks and an adjustment disorder, and the record indicates that he was discharged because of 
the adjustment disorder.  As stated in Chapter 5.B. of the Coast Guard Medical Manual and the 
American  Psychiatric  Association’s  Diagnostic  and  Statistical  Manual  of  Mental  Disorders, 
which the Coast Guard uses, adjustment disorders are not personality disorders.  CGPC admitted 
this fact in the advisory opinion.  Therefore, the Board finds that the Coast Guard erred in assign-
ing the applicant the JFX separation code, which denotes a diagnosed personality disorder, and 
“personality disorder” as his narrative reason for separation.  Article 12.B.16. of the Personnel 
Manual in effect in 2000 and the SPD Handbook do not authorize “personality disorder” dis-
charges or the JFX code for members diagnosed with adjustment disorders.  Because the appli-
cant was never diagnosed with a personality disorder, the Board finds that the narrative reason 
for separation and JFX separation code shown on his DD 214 are erroneous, unjust, and unduly 
prejudicial. 

 
5. 

 
6. 

 
7. 

In light of the highly prejudicial nature of a discharge by reason of “personality 
disorder,” the Board has often ordered the Coast Guard to correct the narrative reason on a DD 
214  to  “condition,  not  a  disability,”  under  Article  12.B.12.  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. but “convenience of 
the  government,”  which  is  the title  of  Article  12.B.12.,  as  the  narrative  reason  for  separation.  
This latter recommendation does not comport with the instructions in the applicant’s discharge 
orders or with the narrative reason that corresponds to a JFV separation code in the SPD Hand-
book.  As stated in ALCOAST 562/08, the Department of Defense requires that only narrative 
reasons shown in the SPD Handbook be used in block 28 of a DD 214.  Therefore, the Board 
finds that, as in many past BCMR cases, the applicant’s DD 214 should be corrected to show 
Article 12.B.12. as the separation authority in block 25; JFV as the separation code in block 26; 
and “condition, not a disability” as the narrative reason for separation in block 28. 

The applicant also asked the Board to upgrade his reenlistment code, which is cur-
rently  RE-4  (ineligible  to  reenlist).   The  SPD  Handbook  allows  members  discharged  with  the 
JFV separation code to be assigned either an RE-4 or an RE-3G, which allows them to reenlist 
with a waiver if they convince the accessing service that the condition that caused their discharge 
will not prevent them from successfully performing active duty in the future.  Although the appli-
cant was assigned an RE-4, there are no reports of misconduct or other behavioral problems in 
the record.  In addition, the Board notes that the applicant was only 19 years old when the adjust-
ment disorder prevented him from fulfilling his enlistment contract.  Although personality disor-
ders are considered permanent conditions, adjustment disorders and panic attacks are usually not 
permanent conditions.7  Therefore, the Board agrees with CGPC that it is in the interest of justice 
to upgrade the applicant’s reenlistment code to RE-3G. 

Accordingly, the applicant’s DD 214 should be corrected to show “Condition, Not 
a  Disability”  as  the  narrative  reason  for  separation,  JFV  as  the  separation  code,  an  RE-3G 
reenlistment  code,  and  Article  12.B.12.  of  the  Personnel  Manual  as  the  separation  authority.  
Moreover, these corrections should be made on a newly issued DD 214, rather than by means of 
                                                 
6 See, e.g., BCMR Docket Nos. 2005-082, 2005-045, 2004-044, 2003-015, and 2007-221. 
7 DSM-IV-TR, pp. 429-30, 679, 685; Coast Guard Medical Manual, Chap. 5.B.2. 

a  DD  215,  so  that  the  incorrect,  prejudicial  information  suggesting  that  he  has  a  personality 
disorder need not be seen by any future employers. 

 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

The application of former SA xxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of 

his military record is granted in part as follows: 

ORDER 

 

 
•  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 27 shall be corrected to show reentry code RE-3G. 
 
•  Block  28  shall  be  corrected  to  show  “CONDITION,  NOT A  DISABILITY”  as  the 
narrative reason for separation. 
 
•  The Coast Guard shall issue him a new DD 214 reflecting these corrections, rather 
than issuing him a DD 215. 
 
•  The following notation shall be made in block 18 of the new DD 214:  “Action taken 
pursuant to order of BCMR.” 
 
 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 

 
 Donna M. Bivona 

 

 

 
 Robert F. Parker 

 

 

 
 
 Eric J. Young