DEPARTMENT  OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JRE
Docket No: 5486-99
22 February 2000

This is &reference to your request for further consideration application for correction of
your naval record ’pursuant to the provisions of title 10 of the United States Code, section
1552.

58 February 2000.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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 a designee of the Specialty Advisor for
Psychiatry dated 26 May 1994, a copy of which is attached.

Your allegations of error and

Documentary material considered by the Board

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. In this connection, the Board substantially concurred with the comments contained
The fact that the Department of Veterans Affairs awarded you
in the advisory opinion.
service connection for an anxiety disorder effective 11 September 1990, based on what it
describes as plausible claim of exposure to severe trauma in 1964, was not considered
probative of your contention that you were unfit for duty because of an anxiety disorder at
the time of your discharge from the Navy in 1966.
In the absence of evidence which
demonstrates that you were unfit for duty at that time, there is no basis for granting your
request for disability retirement or separation.
an honorable discharge because your behavior mark average was below 3.0, which is the
minimum required for an honorable discharge.

The Board noted that you did not qualify for

In view of the foregoing, your application has been denied.
members of the panel will be furnished upon request.

The names and votes of the

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

,

.

26 MAY 1994

;%

*'bf Naval Records

APPLICATION FOR CORRECTION OF NAVAL RECORDS IN THE CASE'
OF 

FORME

Per your request, and in accordance with reference 

1.
reviewed enclosures  

(1) through  

(4).

Review of BCNR File reveals a request dated 29 AUG 91 for a

to medical discharge

seconda

(unsuitable due to  

passive-

:

(a), I have

MEMORANDUM

6.

Date:

From:
To:
Via:

Subj:

Ref:

Encl:

(a) Title 10 USC 1552

( 1 )
(2)
!.3 
)
(4)

BCNR File
Service Record
Medical Records
VA Record

reaction)

2.
change of discharge from honorable
aggressive
traumatic stress disorder
requests
medical d
retroactive to date
VA medical notes fro
worker, are included

(PTSD).

  62.

He participated in

1964-651, the National 

He was UA from 0001-0635 on 03 OCT 63.

Review of service record reveals enlistment on 15 MAR

3.
Prior service included serving from 30 JAN 61 to 14 MAR 62 in the
He commenced a
Alabama National Guard at the rate of E-2.
continuous tour of sea duty 05 JUL 62. He received NJP of extra
duty for 25 days on 14 OCT 63 for violation of Article 86 of the
UCMJ.
direct support of US operations in landing support elements in Chu
Lai, Republic of Vietnam during the period 7-10 MAY and 18-19 MAY
1965.
Fermervreenlisted  on 16 DEC 65.
Armed Forces Expeditionary Medal with bronze star
Vietnam 
of Vietnam Meritorious Unit Citation,

He received the
(Cuba 1962,
Defence Service Medal, the Republic
and the Republic of Vietnam
Ex-
s UA from 15 SEPT 66 to 07 OCT 66, during which time he
This mark was removed to process him for
's movement.
Evaluations prior to first

He was advanced to CS3 effective 16 MAY 65.

After hospitalization,

discharge by reason of unsuitability.
hospitalization ranged from 3.0 to 3.4 with an overall average of
3.175.
the evals from the USS Bexar ranged
Final trait average for the first enlistment was
from 2.6 to 3.8.
3.38.
Mayport ranged from 2.8 to 3.2 with a final
overall trait average of 2.95.
He acknowledged being informed of
the recommendation for discharge due to unsuitability in writing on
17 OCT 66,

and did not desire to make a statement. He was not

Evals from USNS 

recommended for reenlistment on 05 DEC 66, and was discharged as
unsuitable for military service.

Reenlistme

On 31 OCT 64,

Review of medical record reveals initial normal physical exam
The patient presented with complaints of anxiety on

4.
on 15 MAR 62.
19 MAR 66 in Rota treated with librium, response unknown. He was
seen in sick call on 23 APR 63 for headache and nervousness treated
On 20 MAY 63 he again complained of headache which
with fiorinal.
was felt to be a manifestation of a chronic anxiety reaction, and
was again treated with fiorinal.
vomiting and problems with urination.
state was of questionable
symptomatology.t~
normal.
related to
donnigel, and atropine.
on 09 MAY 66, was felt to have an anxiety reaction and depression,
was treated with seconal,
Hogan underwent a psychiatric evaluation during hospitalization in
Rota,
gastrointestinal
etiology, anxiety,
depression, vomiting, an
He complained that this
not being able to adjust
him with:

stability-probably due to his severe
ical exam on 02 DEC 65 was

poor work concentration,
ased drinking.
and child, and
R, MC diagnosed

symptoms
demerol,
een with the same complaints

Spain from 12 MAY 66 to 15 MAY 66.

Symptoms included
organic

he complained of
II mental

and referred to Dr. Marshall.

On 07 MAY 66,
drinking

difficulty sleeping,

It was felt his  

was seen for G.I.

treated with  

identifiable

complaints

Former CS3

without

any

in that
He was

n 05 JUL 66 at USNH Charleston was done when

he 

-felt his symptoms would return

,

He was

Shangri-

treated with Librium,

ielt to be immature and passive-dependent.

He was seen on the USS 
17 AUG 66 and diagnosed with
and again on 29 AUG 66
by-w with Anxiety Reaction and Adult
nville for
Chief of
threats of
A diagnosis
for

setting.
diagnosed with acute situational reaction with alcoholism. It was
recommended that his orders to Spain be cancelled, and he not
receive any overseas assignments.
La for complaints of anxiety on
anxiety, reaction,
diagnosed 
Situationai Reaction,
admission and treatment.
Psychiatry,
violence, feeling disgruntled,
of
administrative discharge due to unsuitability was made. It was felt
would be
that
unhelpful.
over 6 weeks
Discharge physical exam on 09 NOV
discharge by
66 noted abnormal psychiatric exam described as passive aggressive
episode.

On 13 OCT 66 his condition was felt to be unchanged

in recommended for administrative

on 29 AUG 66 revealed  

and excessive drinking.

passive-aggressive

hospitalization,

with referral to

rehabilitation

recommendation

Evaluation by

treatment, or

excessiv

reaction

and

Anxiety Reaction, Situational
Psychophysiologic G.I. Reaction

He was transferred to USA
to USNH Oakland where he
64.

On 26 MAY 66

former,

n to Ro

Weisbaden, Germany for medevac
zed from 14 APR 64 to 23 APR
s released to full duty and
1111).

consultation by  

. 

-

,/""._'_

above

right leg,

Review of VA Records reveals a report of disability evaluation

5 .
from 30 JAN 75 with a rating decision on 13 FEB 75 of 60% disabled
due to amputation,
Specifically, no neurological deficit
disabilities were found."
The patient requested a neuropsychiatric evaluation for
was found.
He was diagnosed
increased disability that was done on 22 MAY 84.
with Generalized Anxiety Disorder,
impairment were  
diagnosed him
origin as neurological examination from 30 APR 84
He reported a different story pertaining to
with essential tremor.
his anxiety about Vietnam related to the possible spraying of Agent
Orange along a river. He was treated in the VA clinic.
rating from 09 OCT 84 noted:

but industrial and social
He felt his tremor was neurological in

the knee.

Disability

"none."

" No

other

60% right leg amputation
30% essential tremor
10%

generalized anxiety
personality
80% combined NSC

disorder with passive-aggressive

,

the patient was

seen for complaints of disturbing

On 03 JUL 90,
memories from Vietnam involving being shot at while off-leading
supplies, but
with PTSD by
referred to p
Ochoa, M.D.
Disability rating from 05 FEB 91 denied service connection for PTSD
as no confirmatory evidence of involvement in combat operations is
Medication
in
clonazepam, Pamelor, and Zantac.

He was diagnosed
and was
nd the Vietnam support group. G.G.
diagnosis

for protection.
social work associate,

of PTSD on 10 JUL 90.

agreed with the

treatment

included

record.

Xanax,

the

has

has been diagnosed with a number of different
0th on Axis I and on Axis II (personality
(pre-DSM) to the present. However, there is no

disorder) from 1966
evidence of continuity of symptoms or treatment for a nervous
condition from the time of discharge from military
servic

 

The thoughts associated with anxiety reported by
have been inconsistent, changing through the years.
porting documentation of the events described in more recent
Early complaints of anxiety involved geographic separation

eva,ls support the unsuitability discharge

years.
from his family, not incidents in Vietnam. His active duty behavior
(related to what
and 
The tremor,
would now be diagnosed as a personality disorder).
has been diagnosed as an
initially felt to be related to anxiety,
Therefore, I
essential tremor and th
recommend that former
character of the discharge to

request for change of the

"medical" be denied.

ogically  rated.

T

Very respectfully,