DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 
Application for Correction of  
Coast Guard Record of: 
 
 
 
 
    

 
 
 
BCMR Docket  
No. 2004-138 

  FINAL DECISION 

 
Author:  Ulmer, D. 
 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 
425 of title 14 of the United States Code. The application was docketed on June 4, 2004, 
upon  the  Board's  receipt  of  the  applicant's  complete  application  for  correction  of  his 
military record. 
 
 
appointed members who were designated to serve as the Board in this case. 
 
 
The  applicant  asked  the  Board  to  upgrade  his  RE-4  (not  eligible  to  reenlist) 
reenlistment  code  so  that  he  would  be  able  to  reenlist  in  the  military.  He  was 
discharged  from  the  Coast  Guard  under  honorable  conditions  (general  discharge)  by 
reason  of  misconduct.    He  was  assigned  an  RE-4  reenlistment  code  and  a  JDT 
(fraudulent entry into military service, drug abuse) separation code.  
 

This  final  decision,  dated  February  24,  2005,  is  signed  by  the  three  duly 

APPLICANT'S ALLEGATION 

 

2003. 
 

The applicant alleged that he did not attempt to leave the Coast Guard or break 
his enlistment contract.  He stated that he enlisted at age 17 and upon arriving at recruit 
training  he  became  ill.    He  alleged  that  he  was  then  given  the  option  of  leaving  the 
Coast  Guard  and  returning  later  if  he  desired  to  do  so  and  was  in  good  health.    He 
stated  that  he  did  not  return  because of a civilian job opportunity.  He further stated 
that  he  currently  has  the  desire  and  opportunity  to  serve  in  the  United  States  Army 
National Guard but is barred from enlisting due to his RE-4 reenlistment code.   

 
The applicant stated that he did not discover the alleged error until October 11, 

SUMMARY OF RECORD AND SUBMISSIONS 

 

The  applicant  enlisted  in  the  Coast  Guard  on  October  29,  1996,  and  was 
discharged on November 8, 1996.  He had served eleven days on active duty at the time 

of  his  discharge.      The  applicant's  signature  is  on  the  DD  Form  214  (discharge 
document).   
 
 
The record indicates that on October 30, 1996, the applicant's command referred 
the  applicant  to  a  doctor  for  evaluation  because  the  applicant  was  experiencing 
abdominal pain and nausea, vomiting, and diarrhea.  The medical note stated that the 
applicant was also suffering from bilateral knee and shoulder pain.  The medical note 
further  indicated  that  the  applicant  had  experienced  these  types  of  physical 
manifestations from childhood, but did not mention them on his pre-enlistment Report 
of Medical History form.  In this regard, the medical note reported the applicant said 
that the military entrance processing station personnel told him that "his problem was 
resolved and there was no need to put it down on the medical report."  
 
 
Dr.  A,  the  treating  physician,  diagnosed  the  applicant  as  suffering  from 
Undifferentiated  Somatoform  Disorder,  which  was  disqualifying  for  enlistment.    He 
recommended that the applicant be discharged from the Coast Guard. 
 
 
The  applicant's  pre-enlistment  August  20,  1996,  Report  of  Medical  History  did 
not  indicate  that  the  applicant  suffered  from  any  existing  medical  problems,  but  it 
indicated  that  the  applicant  had  been  arrested  and  that  he  had  previously  used 
marijuana. His October 30, 1996, pre-training Report of Medical History indicated that 
the  applicant  had  experienced  several  pre-service  problems,  including  swollen  or 
painful joints, dizziness and fainting, frequent indigestion, and intestinal trouble, etc.   
 
 
criminal or disciplinary problems during his eleven days on active duty. 
 

The  applicant's  military  record  does  not  indicate  that  he  was  involved  in  any 

VIEWS OF THE COAST GUARD 

 
 
On  October  19,  2004,  the  Board  received  an  advisory  opinion  from  the  Judge 
Advocate  General  (JAG)  of  the  Coast  Guard.    He  asked  the  Board  to  accept  the 
comments  from  the  Commander,  Coast  Guard  Personnel  Command  (CGPC)  as  the 
advisory opinion in this case.    CGPC noted the application was untimely.   
 
 
On  the  merits,  CGPC  recommended  alternative  relief  instead  of  that  requested 
by the applicant. He stated that the applicant's record should be corrected by changing 
the  reason  for  discharge  to  "erroneous  entry",  the  separation  code  to  JFC  (erroneous 
entry) and the separation authority to Article 12.B.12. (convenience of the government) 
of the Personnel Manual.  He did not recommend changing the applicant's reenlistment 
code.  In addition, CGPC stated the following: 
 

The record shows that the applicant's separation from the Coast Guard in 
1996 was carried out in accordance with the policy in effect at that time.  
However, the separation code and character by which the applicant was 
discharged was not the most appropriate and does not reflect the nature 
of the applicant's discharge.   

  Undifferentiated  Somatoform  Disorder 

 
The  record  .  .  .  shows  that  the  applicant  was  not  recommended  for 
discharge  due  to  drug  abuse.    The  recommendation  for  immediate 
discharge of the applicant was the result of a diagnosis of Undifferentiated 
Somatoform  Disorder. 
is 
disqualifying for appointment, enlistment, or induction.  An assessment of 
the  applicant's  record  establishes  that  this  disorder  existed  prior  to  the 
applicant's  enlistment  and  that  the  applicant's  complete  medical  history 
was  erroneously  concealed  .  .  .  While  it  was  not  established,  with 
specificity, that the applicant was either aware of or deliberately concealed 
a prior diagnosis of Undifferentiated Somatoform Disorder, it is apparent 
that  the  applicant  did  procure  an  erroneous  entry  by  either  deliberate 
material  omission  or  due  to  erroneous  counseling  [to  omit  the 
information]. 
 
I  find  that  the  applicant's  reenlistment  code  should  remain  RE-4.    The 
applicant's current diagnosis of Undifferentiated Somatoform Disorder is 
disqualifying  for  future  enlistment.    The  applicant  should  not  have 
received a separation code of JDT in that the applicant was not separated 
due to drug abuse.  A separation code of JFC would be more applicable to 
this  case:    (1)  this  separation  code  is  assigned  to  a  member  who  is 
involuntary discharged by an established directive (no board entitlement) 
when  an  individual  erroneously  enlists  (not  related  to  alcohol  or  drug 
abuse),  (2)  "fraudulent"  doesn't  adequately  reflect  that  the applicant was 
not previously diagnosed with Undifferentiated Somatoform Disorder, (3) 
the  possibility  exists  that  the  applicant  might  have  been  miscounseled 
concerning the omission of information in his medial history.    

APPLICANT'S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 

On October 19, 2004, a copy of the Coast Guard views was sent to the applicant 

 
 
for any response that he desired to make.  He did not submit a response. 
   
 

APPLICABLE REGULATIONS 

 

Coast Guard Personnel Manual  

 
Article 12.B.2.f.1. sets the standards for an honorable discharge.   It provides that 
a  member  who  is  separated  for  convenience  of  the government, has exhibited proper 
military  behavior  and  proficient  performance  of  duty  for  their  age,  grade,  length  of 
service,  and  general  aptitude,  and  has  an  average  minimum  mark  of  2.5  in  each 
performance  factor  over  the  period  of  the  member's  enlistment  meets  the  eligibility 
requirements for an honorable discharge.  Subsection f. of this provision states that the 
proficiency  mark  requirement  shall  be  disregarded  for  a  recruit  discharged  while 
undergoing recruit training. 

 
Article  12.B.5.b.  states  that  commanding  officers  must  notify  a  member  with 
fewer than eight yeas of total active duty of the reasons why he or she is ineligible to 
reenlist and that he or she may submit a written appeal through the chain of command 
with 15 days of notification.  The member must acknowledge this notification.   

 
Article 12.B.12 (Convenience of the Government) states that a convenience of the 
government  may  be  granted  for  a  erroneous  entry  to  a  member  undergoing  recruit 
training in an original enlistment who has fewer than 60 days' active service and has a 
physical disability not incurred in or aggravated by a period of military service (a defect 
that existed prior to the member entering the service).   
 

Article  12.B.18.b.2.  of  the  Personnel  Manual  authorizes  the  Commander,  Coast 
Guard  Personnel  Command  (CGPC)  to  discharge  a  member  by  reason  of  misconduct 
for "[p]rocuring a fraudulent enlistment, induction, or period of active service through 
any deliberate material misrepresentation, omission, or concealment, which, if known at 
the time, might have resulted in rejection." 
 
Separation Program Designator (SPD) Handbook 
 
 
Separation  Program  Designator  (SPD)  Handbook,  section  two,  authorizes  only 
the  assignment  of  an  RE-4  reenlistment  code  for  the  JDT  separation  code.    The  SPD 
Handbook  states  that  the  JDT  separation  code  is  appropriate  when  there  is  an 
"[i]nvoluntary discharge directed by established directive (no board entitlement) when 
a  member  procured  fraudulent  enlistment,  induction  or  period  of  military  service 
through  deliberate  material  misrepresentation,  omission  or  concealment  of  drug 
use/abuse." 
 
The SPD Handbook authorizes either an RE-3E (eligible for reenlistment, except 
 
for disqualifying factor) or RE-4 reenlistment code. The SPD Handbook states that the 
JFC separation code is appropriate when there is an "[i]nvoluntary discharge directed 
by established directive (no board entitlement) when a member erroneously enlisted . . . 
into a service component (not related to alcohol or of drug abuse)." 
 
Coast Guard Medical Manual 
 
 
Article 3.D.32 states that a Somatoform Disorder may be addressed as a neurotic 
disorder,  and  Article  5.B.12  states  that  such  disorders  are  disqualifying  for  an 
appointment or enlistment.   
 

FINDINGS AND CONCLUSIONS 

 
The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 
 
applicant's  submissions  and  military  record,  submission  of  the  Coast  Guard,  and 
applicable law: 
 

1.  The BCMR has jurisdiction over this matter pursuant to section 1552 of title 

2. The application was not timely.   To be timely, an application for correction of 

 
10, United States Code. 
 
 
a military record must be submitted within three years after the alleged error or 
injustice was discovered or should have been discovered.  See 33 CFR 52.22.   
 
 
3.  However, the Board may still consider an untimely application on the merits, 
if it is in the interest of justice to do so.  In deciding whether it is in the interest of justice 
to waive the statute of limitations, the Board should take into consideration the length 
and reason for the delay and the likelihood of the applicant's success on the merits.  See 
Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 1992). 
 

4.    The  applicant's  application  was  submitted approximately five years beyond 
the Board's three-year statute of limitations.  Although the applicant stated that he did 
not discover the alleged error until October 11, 2003, he should have discovered it on 
the date of his discharge.  The Board is persuaded in this finding by the fact that the 
applicant's signature appears on the DD Form 214 (discharge document) and he did not 
deny  that  he  was  aware  of  the  reason  for  his  discharge  at  the  time  of  his  separation.   
However a cursory review of the merits indicates that the applicant's record contains an 
error.  Therefore, it is in the interest of justice to waive the statute of limitations in this 
case.  

 
5.  With respect to the merits, the Coast Guard conceded, and the Board finds, 
that the applicant's record should be corrected by changing the reason for his discharge 
from  misconduct  to  erroneous  entry,  by  changing  the  separation  code  from  JDT 
(misconduct) to JFC (erroneous entry) and by changing the separation authority from 
Article 12.B.18 (misconduct) to Article 12.B.12 (convenience of the government).   In this 
regard,  CGPC  admitted  that  the  JDT  separation  code  the  applicant  received  upon 
discharge was erroneous because there is no evidence in the record that the applicant 
was involved with drugs while on active duty, as that code suggests.   

 
6.  A misconduct discharge may still be appropriate if the applicant deliberately 
hid  his  preexisting  medical  condition  from  the  Coast  Guard  at  the  time  of  his 
enlistment.    However,  the  Coast  Guard  admitted,  and  the  Board  finds,  that  there  is 
insufficient evidence in the record to establish that the applicant fraudulently enlisted 
by deliberately concealing his pre-existing medical problems.  The Board is persuaded 
in this finding by the applicant's non-rebutted statement that military personnel at the 
military entrance processing station told him that his problems had resolved and that 
he did not need to put that information of his pre-enlistment Report of Medical History 
form.  The  Board  also  notes  the  applicant's  honesty  about  his  pre-service  health 
problems on his pre-training Report of Medical History form and about an arrest and 
prior  drug  use  on  his  pre-enlistment  Report  of  Medical  History  form.    In  light  of  his 
honesty with respect to an arrest, prior drug use, and his prior health problems on his 
pre-training medical form, the Board finds no reasonable explanation for the applicant's 
decision  not  to  be  upfront  about  his  pre-existing  medical  condition  on  his  pre-

enlistment medical form unless he was told not to report the medical condition or he 
did  not  understand  at  the  time  that  he  needed  to  report  it.  Therefore,  there  is 
insufficient evidence in the record to support a discharge by reason of misconduct due 
to fraudulent enlistment.   

 
7.    The  Coast  Guard  did  not  address  whether  the  applicant's  discharge  under 
honorable conditions (known as a general discharge, the second best discharge) should 
be  changed  to  an  honorable  discharge.    The  Board  finds  that  the  applicant's  military 
record,  once  corrected,  supports  an  honorable  discharge.    Under  Article  12.B.2.f. 
(Standards  for  Discharge)  of  the  Personnel  Manual,  the  applicant  meets  the 
requirements  for  an  honorable  discharge.    First,  an  honorable  discharge  may  be 
awarded  for  convenience  of  the  government  discharges  (Article  12.B.2.f.1,  of  the 
Personnel  Manual).    Second,  the  applicant  has  no  unsatisfactory  conduct  marks  or 
disciplinary  problems  in  his  record.  See  Article  12.B.2.f.b.  of  the  Personnel  Manual.  
Third, the 2.5 proficiency mark requirement in each factor for an honorable discharge is 
to be disregarded in the applicant's case. Article 12.B.2.f.1.f. (3), states that if a member 
is discharged while undergoing recruit training the proficiency mark requirement shall 
be  disregarded.    Fourth,  the  record  does  not  establish  that  the  applicant  fraudulently 
enlisted  in  the  Coast  Guard  by  deliberately  concealing  his  pre-service  medical 
problems, which would be the only basis for lowering the character of his discharge to 
general. 
 
8.    For  the  reasons  discussed  in  Finding  7.  above,  the  applicant's  reenlistment 
code should be upgraded to RE-3E.  The SPD handbook authorizes either an RE-3E or 
an RE-4 for a JFC separation code.  There is nothing in the record to support giving the 
applicant  an  RE-4  reenlistment  code.    In this regard, the evidence does not support a 
finding  of  fraudulent  enlistment  and  he  had  no  disciplinary  infractions  during  his 
eleven days of military service.  An RE-3E is the more appropriate reenlistment code.  
An  RE-3E  permits  the  applicant  to  reenlist,  but  only  if  he  proves  that  he  no  longer 
suffers from Undifferentiated Somatoform Disorder.   

 
9.    The  Board  notes  that  the  applicant  did  not  request  an  upgrade  in  his 
discharge.  However, the Board finds that it is difficult to make the corrective changes 
to the applicant's record as discussed in this decision and leave the general discharge in 
the  applicant's  record.  According  to  Article  12.B.2.f.2.  (General  Discharge)  of  the 
Personnel Manual, a general discharge applies when a member is discharged for drugs, 
when the member's final average for other than recruits, is less than 2.5, or when CGPC 
directs upon reviewing the member's military record.  The applicant's case meets none 
of  the  requirements  for  a  general  discharge,  particularly  in  light  of  the  fact  that  the 
record  does  not  contain  any  evidence  that  the  applicant  was  notified  of his proposed 
discharge and given an opportunity to submit a statement in his own behalf.     
 
 
 

10.  Accordingly, the applicant is entitled to relief. 

 

 

ORDER 

The application of ______________________ USCG, for correction of his military 

record is granted.  Specifically, his DD Form 214 shall be corrected to show the 
following: 

 
Block 24 shall be corrected to show an honorable discharge.  
 
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 JFC as the separation code. 
 
Block 27 shall be corrected to show RE-3E as the reenlistment code. 
 
Block 28 shall be corrected to show convenience of the government as the 

 
 
 
reason for separation. 
 
The Coast Guard shall issue the applicant a new DD Form 214. 
 
All other requests for relief are denied.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 Marc J. Weinberger 

 
 Audrey Roh 

 
 

 
 

 

 
 Harold C. Davis, MD