DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8154-98
14 July 1999
Dear Sli
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 July 1999. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies. In addition, the Board considered the advisory
opinion furnished by the Department of Psychiatry, Naval Medical
Center, San Diego, CA, a copy of which is enclosed.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 31 May 1979 at
age 19. The record shows that you received nonjudicial
punishment on four occasions. Your offenses were four periods of
unauthorized absence totaling about 42 days, absence from your
appointed place of duty, and missing ship's movement.
A special court-martial convened on 17 December 1981 and
convicted you of an unauthorized absence of about 243 days and
breaking restriction. The court sentenced you to forfeiture of
$350 pay per month for three months, confinement at hard labor
for three months and a bad conduct discharge. Portions of the
forfeitures and confinement were suspended. The bad conduct
discharge was issued on 31 June 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that your were not responsible for your actions in the Navy
because of mental illness. You have submitted evidence showing
that more than two years after your discharge, you were diagnosed
with paranoid schizophrenia and have been in treatment since
then. The Board found that these factors and contentions were
not sufficient to warrant recharacterization of your discharge
given your frequent misconduct and especially the final 243 day
period of unauthorized absence. Concerning your claim of mental
illness the enclosed advisory opinion states, in part, as
follows:
...(While in the Navy) he underwent two complete and
thorough psychiatric evaluations. These evaluations
yielded no history or examination findings consistent
with a psychotic disorder or any other Axis I diagnosis
but report symptomology consistent with a schizoid
personality.
While these findings may also be signs of a prodromal
period, and (he) was subsequently diagnosed with
Paranoid Schizophrenia two years after his military
discharge, there is no evidence in these records that
sustain a psychotic disorder or any other Axis I
diagnosis while he was on active duty.
What is well documented is (his) frustration with
military service. It is this, and not psychotic
symptomology, that resulted in his several unauthorized
absences reflected in the nature of his discharge. I
see no evidence to show that (his) bad conduct
discharge whole on active duty (was) in any way related
to psychiatric symptomology.
After review, the Board substantially concurred with the comments
contained in the advisory opinion. The Board concluded that the
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
Copy to:
The American Legion
— DEPT. OF PSYCHIATRY
Naval Medical Center San Diego San Diego, California 92134-5000
Facsimile /Memorandum
To: Chairman, Board for Correction of Naval Records
From: CAPT William Nash - Psychiatry Specialty Leader
LCDR M. S. Roundy - Psychiatric Resident
Subject: Request for comments and recommendations in the case ofa.
1) SAN was discharged from military service after a pattern of misconduct spanning two
years time . Between 1979 and 1981 he was convicted of Article 86 violation on five occasions, one
of which involved missing ships movement and another with breaking restriction. During this time
period he underwent two complete and thorough psychiatric evaluations. These evaluations yielded
no history or examination findings consistent with a psychotic disorder or any other Axis | diagnosis
but report symptomology consistent with a schizoid personality. Findings consistent with such
personality characteristics are documented in the medical record - isolativness, “bizarre”
interpretations of proverbs, and strange thoughts. Frank Delusions and hallucinations are
consistently, however, denied.
2)While these findings may also be signs of a prodromal period, and@jggiewas subsequently
diagnosed with Paranoid Schizophrenia two years after his military discharge, there is no evidence
in these records that sustain a psychotic disorder or any other Axis 1 diagnosis while he was on
active duty.
3)What is very well documented is WM custration with military service. It is this, and not
psychotic symptomology, that resulted in his several unauthorized absences reflected in the nature
of his discharge. I see no evidence to show that eae ; bad conduct while on active duty were
in any way related to psychiatric symptomology.
M. S. Roundy William Nash
LCDR, MC, USN CAPT, MC, USN
Psychiatric Resident Psychiatry Specialty Leader
rr
Voice: (619) 532-8580 Page I Fax: (619) 532-8353
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