DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2009-122 
 
xxxxxxxxxxxxxx 
xxxxxxxxxxxxxx   

FINAL DECISION 

 

 
 

 

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 Chair docketed the case after receiving the applicant’s 
completed  application  on April  9,  2009,  and  assigned  it  to  staff  member  J.  Andrews  to  pre-
pare 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  January  14,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant  asked  the  Board  to  remove  from  his  record  an Administrative  Remarks 
entry (form CG-3307, known as a “Page 7”) dated March 31, 2000, and another Page 7 dated 
April 24, 2000.  The applicant complained that the March 31st Page 7 has been entered in his 
record twice, whereas it should only appear once, and that the April 24th Page 7 is erroneous in 
that it states that he was diagnosed as alcohol dependent1 when in fact medical officials found 
only  that  he  had  abused  alcohol.2   The  applicant  stated  that  because  of  the  false  diagnosis  of 
                                                 
1 Article 20.A.2.c. of the Personnel Manual in effect in 2000 defines “alcohol dependence” as follows: 

A  chronic  disease  characterized  by  repetitive,  compulsive  ingestion  of  alcohol  which  interferes 
with the user’s health, safety, job performance, family life, or other required social adaptation. … 
The term alcohol dependence also applies to a medical diagnosis made by a physician or clinical 
psychologist.  …  DSM-IV  contains  the  criteria  to  establish  a  diagnosis  of  Alcohol  Dependence 
(303.9). The medical diagnosis is primarily used to determine the appropriate level of treatment. 

U.S. COAST GUARD, COMDTINST M100.6A, PERSONNEL MANUAL, Art. 20.A.2.c. (Change 30, Mar. 2000). 
2 Article 20.A.2.b. contains the following definition of “alcohol abuse”:   

A general term for the misuse of alcohol which interferes with the user’s health, safety, job per-
formance, family life, ….  “Alcohol abuse” also applies to a medical diagnosis made by a physi-
cian,  clinical  psychologist,  or  a  DoD  or  civilian  equivalent  Counseling  and  Assistance  Center 
(CAAC) counselor. … [T]he Diagnostic and Statistical Manual of the American Psychiatric Asso-
ciation  (DSM-IV)  contain  the  criteria  to  establish  a  diagnosis  of  Alcohol  Abuse  (305.0).    The 
medical diagnosis is primarily used to determine the appropriate level of treatment. 

Id. at Art. 20.A.2.b. 

On March 24, 2000, the applicant’s command entered the following Page 7 in his record, 

 
 
which the applicant signed in acknowledgement: 
 

On 19 Mar 00 you were cited and arrested by the Plymouth Police Department, Plymouth MA, for 
operating a motor vehicle under the influence (OUI), operating a vehicle so as to endanger.  Your 
blood alcohol content (BAC) was .13.  This is in direct violation of Coast Guard regulations. 
 
On 23 Mar 00 you were counseled on policies concerning alcohol use/abuse and the serious nature 
of this incident.  You will be screened by the Group Woods Hole CDAR on 27 Mar 00.  You are to 
continue to abstain from the  use of alcohol and  your driving privileges at this unit are  revoked 
until further notice.   
 
This is considered your first alcohol incident for documentation purposes.  Per Chapter 20 of the 
Personnel  Manual,  COMDTINST  M1000.6  (series),  any  further  alcohol  incidents  may  result  in 
your separation from the U.S. Coast Guard. 
 
 
 
On March 31, 2000, the applicant was assigned an unsatisfactory conduct mark and a low 
mark of 2 in the category “Health and Well-Being” on his performance evaluation because of his 
arrest for operating under the influence on March 19, 2000. 
 
 
which the applicant signed in acknowledgement: 
 

On April 24, 2000, the applicant’s command entered the following Page 7 in his record, 

alcohol  dependence,  he  is  required  to  abstain  from  drinking  alcohol  for  the  remainder  of  his 
career,  and  any  consumption  of  alcohol  by  him  could  cause  him  to  be  discharged  from  the 
Service. 
 
 
In  support  of  his  allegations,  the  applicant  submitted  a  progress  report  dated April  26, 
2000, from the  Gosnold-Thorne Counseling Center to a  chief health services technician.  The 
report  notes  that  the  applicant  was  first  seen  on April  11,  2000;  that  he  would  participate  in 
twelve sessions of “Addiction Education Group” and a follow-up individual session.  The written 
comments  state,  “Client  has  been  diagnosed  with  alcohol  abuse,  in  remission.    Education  on 
addiction is needed at this point.” 

SUMMARY OF THE APPLICANT’S RECORD 

 

On 19 April 2000, you were screened by the Gosnold Alcohol treatment center at Falmouth, MA.  
Gosnold treatment center determined that you met the criteria of being alcohol dependent, DSM 
III code 303.9, and recommended you attend an outpatient treatment program. 
 
You have been counseled on the policies concerning alcohol and abuse along with the seriousness 
of this incident.  Additionally, you were directed to read Chapter 20 of the Personnel Manual.  Fur-
thermore, you will be required to adhere to the following treatment plan. 
 
a.  Abstain from the use of alcohol. 
 
b.  Attend counseling sessions once a week for next 6 months. 
 
c.  Attend 2 AA meetings a week. 
 
d.  Weekly contact with the unit CDAR. 

 
This is considered your first alcohol incident for documentation purposes.  Per Chapter 20 of the 
Personnel Manual, COMDTINST M1000.6A, any further alcohol incidents will result in discipli-
nary action and possible separation from the U.S. Coast Guard. 

On November 16, 2000, the applicant’s command entered the following Page 73 in his 

 
 
record, which the applicant signed in acknowledgement: 
 

 
You  have  completed  an  outpatient  alcohol  addiction  treatment  and  aftercare  requirements  on  6 
November 2000.  I congratulate you on this accomplishment, and encourage you to use the tools 
learned during  your treatment and aftercare to combat difficult situations  which  may arise from 
time to time in your life. 

The Page 7s  dated March 24, March 31, and April 24, 2000, appear twice each in the 

 
 
copy of the applicant’s military record forwarded to the Board by the Coast Guard. 
 

VIEWS OF THE COAST GUARD 

 
 
On August 19, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion in which he recommended that the Board grant partial relief.  In so doing, he 
adopted  the  findings  and  analysis  in  a  memorandum  on  the  case  provided  by  Commander, 
Personnel Service Center (PSC).   
 
 
The PSC stated that the applicant’s record shows that he incurred an “alcohol incident”; 
was screened and diagnosed with “alcohol abuse,” which is different from “alcohol dependent”; 
and prescribed an aftercare program.  Therefore, the PSC stated, the Page 7 dated April 24, 2000, 
contains  the  wrong  diagnosis  and  should  be  corrected  to  reflect  a  diagnosis  of  alcohol  abuse.  
The PSC stated that the remainder of the treatment plan recorded on the Page 7 “is valid regard-
less of the diagnosis.”  The PSC stated that the order to abstain from alcohol on the Page 7 is not 
indefinite, and that only members diagnosed as alcohol dependent are ordered to abstain from 
alcohol indefinitely beyond the end of their aftercare program. 
 
 
cates should be removed through normal administrative channels. 
 

The PSC stated that the other Page 7s in the record are valid, but any unnecessary dupli-

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On August 31, 2009, the Chair sent the applicant a copy of the views of the Coast Guard 

 
 
and invited him to respond within 30 days.  No response was received. 
 

APPLICABLE REGULATIONS 

 

as follows: 

 

Article 20.B.2.d. of the Personnel Manual in effect in 20004 defines an “alcohol incident” 

                                                 
3 This Page 7 was submitted by the applicant and is not in the record submitted to the Board by the Coast Guard. 
4 U.S. COAST GUARD, COMDTINST M100.6A, PERSONNEL MANUAL (Change 30, Mar. 2000). 

Any behavior in which the use or abuse of alcohol is determined to be a significant or causative 
factor and which results in the member’s loss of ability to perform assigned duties, brings discredit 
upon the Uniformed Services, or is a violation of the Uniform Code of Military Justice (UCMJ) or 
federal, state, or local laws.  The member need not be found guilty at court martial, in a civilian 
court, or be awarded non-judicial punishment (NJP) for the behavior to be considered an alcohol 
incident.  However,  the  member  must  actually  consume  alcohol  for  an  alcohol  incident  to  have 
occurred.   

 

Article 20.B.2.g.1. states that following a first alcohol incident, the member is counseled 
about the Coast Guard’s alcohol policies and the counseling is documented on a Page 7 in the 
member’s  record  with  two  copies  sent  to  Headquarters.   The  member  must  be  warned  on  the 
Page 7 that any additional alcohol incident may result in separation from the Coast Guard.   

 
Article 20.B.2.e. states that “[a]ny member who has been involved in alcohol incidents or 
otherwise shown signs of alcohol abuse shall be screened in accordance with the Alcohol Abuse 
Treatment and Prevention Program . . . .  The results of this alcohol screening shall be recorded 
and acknowledged on a [Page 7].”  This Page 7 must also include a “statement of recommended 
treatment, if any.”  The  Page 7 is entered in the member’s record, and two copies are sent to 
Headquarters. 

 
Article 10.B.2. states that when a member has incurred an alcohol incident, the command 
must prepare a Page 7 documenting the member’s receipt of a low factor mark or unsatisfactory 
conduct mark on the member’s next performance evaluation. 
 
 
Article 20.B.3.h. states that when a member has completed rehabilitative alcohol treat-
ment, the command “shall ensure that a record of the completion is recorded and acknowledged 
on a [Page 7] CG-3307 entry in the enlisted member’s PDR with a copy to Commander, (CGPC-
epm) and (CGPC-adm-3) … .  This record of completion will also include a description of the 
aftercare plan required by the Alcohol Abuse Treatment and Prevention Program, COMDTINST 
M6330.1 (series).” 
 
 
Article 20.B.2.l. states that members diagnosed as alcohol-dependent must abstain from 
drinking alcohol and that a “second episode of alcohol consumption after completing any after-
care program by members who have been diagnosed as alcohol-dependent will result in separa-
tion from the Coast Guard.” 
 
  
According to Article 20.B.2.h.2., “[e]nlisted members involved in a second alcohol inci-
dent will normally be processed for separation in accordance with Article 12.B.16.”  However, in 
“cases involving enlisted members whose commanding officer feels that an exceptional situation 
warrants  consideration  for  retention,  a  letter  request  for  retention  and  treatment,  including  the 
medical screening results, treatment plan, and commanding officer's recommendation concerning 
treatment shall be forwarded via the chain of command to Commander (CGPC-epm) who shall 
consult with Commandant (G-WKH) and direct the appropriate action regarding retention.  The 
command recommendation for retention will be submitted as a cover letter to the required dis-
charge package.” 
 
 
be processed for separation from the Service.” 

Article 20.B.2.i. states that “[e]nlisted members involved in a third alcohol incident shall 

 
 
COMDTINST  M1080.10H,  the  Coast  Guard’s  manual  for  the  Military  Personnel  Data 
Records (PDR) System, governs the organization of members’ PDRs, including where particular 
documents are filed.  The manual contains no express prohibition of duplicate entries. 
 

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 10 U.S.C. § 1552.  
The applicant was diagnosed with alcohol abuse and received the Page 7s in 2000.  Although his 
application was not filed within three years of his discovery of the alleged error or injustice, it is 
considered  timely  under  Detweiler  v.  Pena,  38  F.3d  591,  598  (D.C.  Cir.  1994)  (holding  that, 
under § 205 of the Soldiers’ and Sailors’ Civil Relief Act of 1940, the BCMR’s three-year limi-
tations period under 10 U.S.C. § 1552(b) is tolled during a member’s active duty service). 

The Board begins its analysis in every case by presuming that the disputed infor-
mation in the applicant’s military record is correct as it appears in his record, and the applicant 
bears the burden of proving by a preponderance of the evidence that the disputed information is 
erroneous  or  unjust.  33 C.F.R.  §  52.24(b);  see Docket  No.  2000-194,  at  35-40  (DOT  BCMR, 
Apr. 25, 2002, approved by the Deputy General Counsel, May 29, 2002) (rejecting the “clear and 
convincing” evidence standard recommended by the Coast Guard and adopting the “preponder-
ance of the evidence” standard for all cases prior to the promulgation of the latter standard in 
2003 in 33 C.F.R.§ 52.24(b)).  Absent evidence to the contrary, the Board presumes that Coast 
Guard officials and other Government employees have carried out their duties “correctly, law-
fully, 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). 

 
2. 

 
3. 

The Coast Guard has admitted and the applicant has proved by a preponderance 
of  the  evidence  that  he  was  diagnosed  with  “alcohol  abuse”  (305.0),  rather  than  “alcohol 
dependence” (303.9) following his arrest for operating a vehicle under the influence of alcohol 
on  March  19,  2000.    Therefore,  the  Page  7  dated  April  24,  2000,  in  his  record  is  erroneous 
because it states that he was diagnosed as alcohol dependent.  The Board also notes that the Page 
7  cites  the  third  edition  of  the  American  Psychiatric  Association’s  Diagnostic  and  Statistical 
Manual of Mental Disorders, whereas the Personnel Manual in effect in 2000 used the fourth 
edition.5  The applicant asked the Board to remove this Page 7 from his record in its entirety.  
However, the Page 7 was a required record entry pursuant to Article 20.B.2.e. of the Personnel 
Manual.  Therefore, the Board finds that the Page 7 should be corrected by replacing the words 
“being alcohol dependent, DSM III code 303.9” with the words “alcohol abuse, DSM-IV code 
305.0”. 
 

                                                 
5 American Psychiatric Association, DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS (DSM).  The 
third edition (DSM-III) was published in 1980, whereas the fourth edition (DSM-IV) was published in 1994.  A text 
revision of the fourth edition (DMS-IV-TR) was published in 2000. 

The applicant also complained that as written, the Page 7 dated April 24, 2000, 
indicates that he has been ordered to abstain from drinking alcohol forever, which would make 
any  consumption  of  alcohol  by  him  now,  nine  years  later,  a  violation  of  a  direct  order.    The 
Coast  Guard  states  that  the  order  to  abstain  from  alcohol  was  not  indefinite,  and  that  only 
members diagnosed as alcohol dependent are ordered to abstain from alcohol indefinitely beyond 
the end of their aftercare program.  The Board finds that the order on the Page 7 to “Abstain from 
the use of alcohol” is ambiguous in that it provides no end date and so would be consistent with 
the diagnosis of alcohol dependence, which the Board is removing from the Page 7.  Because the 
order should apparently have expired at the end of the applicant’s six-month aftercare program, 
the Board finds that the words “for next 6 months” should be added to this order to remove the 
ambiguity and to make the order consistent with the diagnosis of alcohol abuse. 
 
 
The applicant complained that at least one of the Page 7s concerning his alcohol 
incident and treatment has been entered into his record twice.  In the copy of his military record 
provided to the Board, there are two copies each of the Page 7s dated March 24, March 31, and 
April 24, 2000.  The Board notes that the Personnel Manual in effect in 2000 required commands 
to forward copies of each Page 7 to more than one office within the Personnel Command.  The 
PDR System Manual, COMDTINST M1080.10H, governs the filing of Page 7s.  The Board can 
find  no  express  prohibition  of  multiple  entries  of  a  single  Page  7  in  this  manual.    However, 
multiple entries of negative documents could prejudice an inattentive reader of the applicant’s 
file, and the Coast Guard has agreed that unnecessary duplicates should be removed.  Therefore, 
the  Board  will  order  the  Coast  Guard  to  review  the  applicant’s  PDR  and  to  remove  any 
unnecessary duplicate copies of the Page 7s dated March 24, March 31, and April 24, 2000, in 
his record. 
 

Accordingly,  partial  relief  should  be  granted  by  correcting  the  April  24,  2000, 
Page 7 by replacing the words “being alcohol dependent, DSM III code 303.9” with the words 
“alcohol abuse, DSM-IV code 305.0” and by adding the words “for next 6 months” to the order 
to “Abstain from the use of alcohol.”  In addition, the Board will order the Coast Guard to review 
the applicant’s PDR and remove any unnecessary duplicate copies of the Page 7s arising from his 
alcohol incident. 
 
 

6. 

4. 

5. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

The application of xxxxxxxxxxxxxxxxxxx, USCG, for correction of his military record is 

ORDER 

 

granted in part. 

 
The Coast Guard shall correct the Page 7 (form CG-3307) in his record dated April 24, 
2000,  regarding  the  results  of  his  screening  at  the  Gosnold  Alcohol  treatment  center,  by 
removing the words “being alcohol dependent, DSM III code 303.9” and replacing them with the 
words “alcohol abuse, DSM-IV code 305.0”.  In addition, the words “for next 6 months” shall be 
added to the order to abstain from the use of alcohol on this Page 7 so that the order shall read:  
“Abstain from the use of alcohol for next 6 months.”   

 
The  Coast  Guard  shall  also  review  his  PDR  and  remove  from  it  any  unnecessary 
duplicate  copies  of  the  Page  7s  dated  March  24,  2000;  March  31,  2000;  and  April  24,  2000, 
pursuant to the requirements of the Personnel Manual and COMDTINST M1080.10H. 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 Donna M. Bivona 

 

 

 
Evan R. Franke 

 

 

 
 James E. McLeod