DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2009-211 
 
XXXXXXXXXXXXXX  
XXXXXXXXXXXXXX  
   

 

 
 

FINAL DECISION 

 
 
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 Chair docketed the case after receiving the 
applicant’s completed application on July 28, 2009, and subsequently prepared the final decision 
for the Board as required by 33 CFR § 52.61(c).         
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  March  26,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant asked the Board to change his separation and reenlistment codes so that he 
is eligible to reenlist in the military.    The military record indicates that the applicant enlisted in 
the active duty Coast Guard on March 15, 1994 and was discharged on May 29, 1994. He was 
honorably  discharged  by  reason  of  unsuitability,  with  a  JFX  (personality  disorder)  separation 
code and an RE-4 (not eligible to reenlist) reenlistment code.    
 
 
The  applicant  alleged  that  the  codes  should  be  changed  because  the  reason  for  his 
discharge no longer exists.  The applicant stated that at the time he was married and his wife was 
pregnant.    Upon  learning  after  recruit  training  that  he  would  be  assigned  to  a  cutter  that  was 
scheduled to deploy for six months, his wife suffered severe separation anxiety.  He stated that 
his 16-year marriage is stable and that he has 4 children.   His wife is a nurse and interested in 
joining the military.   They would like to enlist together.   
 

The applicant submitted a June 29, 2009 psychological evaluation from Dr. R, who made 
the  following  diagnosis  of  the  applicant’s  current  mental  state:    “Axis  I  –  No  condition  or 
Diagnosis . . .  Axis II – Compulsive Personality Traits. “    Dr. R concluded his evaluation with 
the following: 
 

In general the testing results suggest an underlying characterological presentation 
to his personality style.  There was no indication in the testing results to suggest 

any significant emotional illness, nor was there any evidence of any personality 
disorder indicated on his separation papers.  There was nothing in the testing to 
suggest that he will have any difficulty emotionally in handling military service.  
Based on his personality description it is easy to see that once he sets his mind to 
something, he will not stop until he has accomplished his goal.  Having worked 
with veterans for 31 years, I would view this as a very favorable personality trait 
that would serve him well in the military. 

  

 

The applicant also submitted a letter of support and recommendation from his wife.  She 

The applicant was referred to a psychiatrist for a psychological evaluation on April 26, 
the  applicant  with  separation  anxiety  disorder  and 

 
 
expressed her desire to enlist in the military with the applicant.     
 
Pertinent Documents in the Applicant’s Medical Record 
 
 
A  medical  entry  dated April  26,  1994,  indicates  that  the  applicant  wanted  to  leave  the 
Coast Guard because he could not handle the separation from his wife and because had no will to 
stay in the Coast Guard.    
 
 
1994.  The  psychiatrist  diagnosed 
recommended him for discharge from the Coast Guard.   
 
 
On April  26,  1994,  the  senior  medical  officer  for  the  battalion  informed  the  Battalion 
Officer that the applicant was disqualified for enlistment due to separation anxiety disorder and 
stated that his prognosis for future service was poor.   
 
On April  26,  1994,  the  applicant  acknowledged  the  proposed  discharge  due  separation 
 
anxiety disorder.  He was also informed that he could make a statement regarding the proposed 
discharge, but he elected not to submit a written statement.   
 
 
The  discharge  recommendation  was  approved  and  the  applicant  was  honorably 
discharged on April 29, 1994 due to unsuitability, with a JFX (personality disorder) separation 
code and an RE-4 reenlistment code.   
 

VIEWS OF THE COAST GUARD 

 
 
On December 18, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion recommending that the Board deny relief to the applicant.   The JAG asked 
that  the  Board  accept  the  comments  from  Commander,  Coast  Guard  Personnel  Service 
Command (PSC) as the advisory opinion. 
 
 
PSC noted that the application was not timely and that the applicant had not provided any 
justification for not filing his application sooner.  With respect to the merits, the PSC stated the 
following:   
 

h. According to [the Medical Manual], Chapter 5 part B, the applicant was found 
to  have  met  the  definition  of  adjustment  disorder  as  the  precise  cause  for 

  * 

* 

* 

discharge.  Here it states:  “These disorders are generally treatable and not usually 
ground  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/sea 
duty,  separation  from  family/friends)  process  in  accordance  with  Chapter  12, 
Personnel Manual, if necessary.  
 

 
j.  In  accordance  with  [the  Separation  Program  Designator  [SPD]  Handbook],  a 
separation code of JFX was correctly applied, as the narrative reason for this code 
“Personality  Disorder”  with  the  given  explanation  for  its  proper  use  as, 
“Involuntary  discharge  directed  by  established  directive  when  a  personality 
disorder  exists,  not  amounting  to  a  disability,  which  potentially  interferes  with 
assignment to or performance of duty.”  The only authorized reentry code for JFX 
is either RE-3G or RE-4.  The applicant received a reentry code of RE-4 based 
upon the findings  of the staff psychiatrist of Training Center Cape May, as per 
[the medical recommendation].   

 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On December 22, 2009, the Board sent the applicant a copy of the views of the Coast 

 
 
Guard.  He did not submit a reply.    
 

 
Personnel Manual (COMDTINST M1000.6) 
 

APPLICABLE LAW 

Article 12.B.16. of the Coast Guard Personnel Manual authorizes enlisted personnel to be 
discharged  by  reason  of  unsuitability  at  the  direction  of  the  Commandant  for  inaptitude, 
personality  disorders,  apathy,  defective  attitudes,  inability  to  expend  effort  constructively, 
unsanitary habits, alcohol abuse, financial irresponsibility, or sexual harassment.   

 
Article  12.B.16.b  of  the  Personnel  Manual  authorizes  unsuitability  discharges  for 
members diagnosed with one of the “personality behavior disorders …  listed in Chapter 5, CG 
Medical Manual … .”  
 
Medical Manual (COMDTINST M6000.1B) 
 

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.B.16. of the 
Personnel Manual. They are Paranoid, Schizoid, Schizotypal, Obsessive Compulsive, Histrionic, 
Dependent,  Antisocial,  Narcissistic,  Avoidant,  Borderline,  Passive-aggressive,  and  Personality 
disorder NOS.  Neither anxiety disorders nor disorders usually first evident in infancy, childhood 
or adolescence are included in the list of personality disorders.   

 

Chapter  5.B.17.  of  the  Medical  Manual  lists  separation  anxiety  disorder  under  the 
heading  “Disorders,  Usually  First  Evident  in  Infancy,  Childhood,  or  Adolescence.”    It  is 
disqualifying  for  appointment,  enlistment,  or  induction  or  a  member  diagnosed  with  the 
condition after entry into the military shall be processed in accordance with Chapter 12 of the 
Personnel Manual.    
 
Commandant  Instruction  (COMDTINST)  M1900.4B  (Instruction  for  the  Preparation  and 
Distribution of the Certificate of Release or Discharge from Active Duty, DD Form 214 
 

Article 4.a. states that the DD 214 provides a concise record of a period of service with 
the Armed Forces at the time of a member’s discharge.  Further, Article 1.D.2. states that the DD 
214  must  be  accurate  and  complete  in  order  for  it  to  fulfill  the  purposes  for  which  it  was 
designed.   
 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions on the basis of the applicant's 

 
 
military record and submissions, the Coast Guard's submissions, and applicable law: 
 

1.  The Board has jurisdiction concerning this matter pursuant to section 1552 of title 10 

of the United States Code.   

 
 
2.    The  application  was  not  timely.    To  be  timely,  an  application  for  correction  of  a 
military  record  must  be  submitted  within  three  years  after  the  applicant  discovered  or  should 
have  discovered  the  alleged  error  or  injustice.    See  33  CFR  52.22.      This  application  was 
submitted approximately twelve years beyond the statute of limitations and the applicant did not 
provide the date on which he discovered the alleged error or injustice.  However, he knew at the 
time  that  he  was  being  discharged  due  to  a  separation  anxiety  disorder  that  the  Coast  Guard 
determined to be unsuitable for military service.  Unsuitability is listed as the narrative reason for 
discharge  and  the  reenlistment  code  is  listed  as  RE-4  on  the  applicant’s  DD  214,  which  he 
signed.  Therefore, the applicant knew or should have known of the alleged error at the time of 
his discharge from the Coast Guard.   
 

3.      The  Board  may  still  consider  the  application  on  the  merits,  if  it  finds  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  in  assessing  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 stated 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."  Id. at 164, 165. 

 
4.  The applicant did not state why it is in the interest of justice for the Board to excuse 
his  untimeliness  and  consider  the  merits  of  his  application.    While  evidence  in  the  record 
suggests that the applicant only recently on June 29, 2009, obtained evidence that he no longer 
suffers  from  separation  anxiety  disorder  he  provided  no  explanation  why  he  waited  for 
approximately 15 years to obtain a second opinion as to his mental status.  Therefore, the Board 

is not persuaded to waive the statute of limitations based solely on the submission of the newly 
acquired relevant evidence.   

 
5.  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.  Therefore, it is probably in the interest of justice for the Board to consider 
this application on the merits.   

 
6.    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.   According to Article 5.B.17. 
of the Medical Manual, separation anxiety disorder is a “disorder usually first evident in infancy, 
childhood or adolescence,” and a basis for an administrative discharge under Article 12 of the 
Personnel  Manual.  Separation anxiety disorder is not a personality disorder.  Article 5.B.2. of 
the Medical Manual lists the following as personality disorders:  paranoid, schizoid, schizotypal, 
obsessive  compulsive,  histrionic,  dependent,  antisocial,  narcissistic,  avoidant,  borderline, 
personality  disorder  NOS,  and  personality  traits.1    Additionally,  there  is  no  evidence  in  the 
military record that the applicant was ever diagnosed with a personality disorder.      
 

7.   Although  separation  anxiety  disorder  is  not  a  personality  disorder,  it  was  a  proper 
basis  for  the  applicant’s  discharge.    Therefore,  the  issue  is  whether  the  separation  authority 
(Article  12.B.16.  (unsuitability)  of  the  Personnel  Manual),  the  narrative  reason  for  separation 
(unsuitability), and the corresponding JFX (personality disorder) separation code  listed on the 
applicant's DD 214 accurately and fairly describe the reason for his discharge.  Chapter 1.D.2. of 
the  DD  214  instruction  states  that  the  DD  214  must  be  accurate  and  complete  to  fulfill  the 
purposes  for  which  it  was  designed.    As  stated  above,  the  Medical  Manual  does  not  list 
separation anxiety disorder as a personality disorder.   Nor does separation anxiety disorder fit 
within any of the other eight grounds for an unsuitability discharge under Article 12.B.16 of the 
Personnel Manual, which are inaptitude, apathy, defective attitudes, and inability to expend effort 
constructively, unsanitary habits, alcohol abuse, financial irresponsibility, sexual harassment, and 
not adhering to Core Values.   
 

8.    Because  describing  the  applicant’s  discharge  as  unsuitability  due  to  a  personality 
disorder was erroneous, and because the reason for his discharge—separation anxiety disorder—
does not fit within any of the other grounds for an unsuitability separation under Article 12.B.16. 
of  the  Personnel  Manual,  the  Board  must  determine  the  narrative  reason  for  the  applicant’s 
discharge that most accurately describes his situation.  Chapter 12 of the Personnel Manual lists 
all of the reasons for administrative discharge.  The reason that appears to most accurately fit the 
applicant’s situation is discharge by reason of convenience of the government due to a “condition 

                                                 
1  See, e.g., BCMR Docket No. 1998-099 (member twice arrested for indecent exposure was diagnosed with narcis-
sistic  personality  disorder  and  discharged  with  a  GFX  SPD  code  (“involuntary  discharge  approved  by 
recommendation  of  a  board  when  a  personality  disorder  exists,  not  amounting  to  a  disability,  which  potentially 
interferes  with  assignment  to  or  performance  of  duty”)  and  a  narrative  reason  for  separation  of  “Unsuitability”; 
BCMR Docket No. 1997-097 (member suffering severe chronic depression was diagnosed with passive-aggressive 
personality disorder and discharged with JFX SPD code and narrative reason for separation of “Unsuitability”). 
 

that,  though  not  a  physical  disability,  interferes  with  performance  of  duty;  e.g.  enuresis  or 
somnambulism,” which is described in the Separation Program Designator (SPD) Handbook as 
“condition, not a disability.”   

 
9.  Further, according to the SPD Handbook, the corresponding separation code should be 
JFV, which means an “involuntary discharge directed by directive when a condition [that is] not 
a physical disability . . . interferes with the performance of duty.”  The SPD Handbook offers the 
following examples of such conditions:  Enuresis, motion sickness, allergy, obesity, and fear of 
flying.   The Board notes that enuresis and conduct disorders are listed as disorders usually first 
evident in infancy, childhood or adolescence, which also includes separation anxiety disorder.   
 

10.    By  correcting  the  reason  for  the  applicant’s  discharge  to  convenience  of  the 
government due to “condition, not a disability” with the corresponding separation JFV separation 
code, the Board must review the correctness of the applicant’s RE-4 reenlistment code.  The SPD 
Handbook authorizes an RE-3G or an RE-4 reenlistment code with a JFV separation code.  In the 
circumstances of this case it appears to the Board that the RE-4 reenlistment code is unjust and 
should be corrected to RE-3G.  The Board is persuaded to change the reenlistment code from RE-
4 to RE-3G because the psychologist who recommended the applicant’s discharge did not state in 
that recommendation that it was unlikely that he could overcome his separation anxiety disorder 
nor did the psychologist recommend against granting a waiver for the condition.  Additionally, 
the 2009 psychological evaluation, although not completely favorably to the applicant, did not 
diagnose him with a current separation anxiety disorder.   The evaluation supports the applicant’s 
contention that he no longer suffers from that condition.2     Further, there is no evidence in the 
record that the applicant was a disciplinary problem while in the Coast Guard.  Therefore, an RE-
3G  is  appropriate  because  it  allows  the  applicant  to  reenlist,  but  only  with  a  waiver  for  his 
separation anxiety disorder.   

 

 

11.  In light of the above findings, the Board finds that it is in the interest of justice to 
change the narrative reason for separation shown on his DD 214 to “Condition, Not a Disability” 
and  the  separation  authority  to  Article  12.B.12  of  the  Personnel  Manual.    In  addition,  the 
applicant's SPD code should be changed to JFV and his reenlistment code should be changed to 
RE-3G, which means “eligible for reenlistment except for disqualifying factor:  condition (not 
physical disability) interfering with performance of duty.” 
 
 

12.  Accordingly, the applicant’s request should be granted. 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

 
                                                 
2   The 2009 psychological evaluation diagnosed the applicant with compulsive personality traits (which was not the 
basis  for  the  1994  discharge).    Regardless,  the  psychologist  stated  that  based  on  his  31  years  of  experience  the 
applicants personality traits should serve him well in the military because once he sets his mind to something he will 
not stop until he accomplishes his goal. 

ORDER 

 

The  application  of  former  XXXXXXXXXXXX  USCG,  for  correction  of  his  military 
record  is  granted.    His  military  record  shall  be  corrected  to  show  that  he  was  discharged  by 
reason of convenience of the government.  Specifically his DD 214 shall be corrected to show 
the following: 

 
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 discharge. 

 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 

The Coast Guard shall issue a new DD Form 214 to the applicant with these corrections.  

Block 18 may be corrected to state, “Action taken as result of BCMR.” 

 
No other relief is granted.   

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

  

 
 Jeff M. Neurauter 

 

 

 
 Lynda K. Pilgrim 

 

 

 
 Kenneth Walton