DEPARTMENT OF

 

TH& NAVY

BOARD FOR  

CORRECTI%+I  OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

HD: hd
Docket No: 00283-01
13 July 2001

Dear Command

This is in reference to your application for correction of your naval record pursuant to
provisions of title 10 of the United States Code, section 1552. You requested removal
your second failure of selection to commander, ‘by the Fiscal Year 01
Corps Commander Selection Board, and that you be granted a special

the
of
Naval Reserve Staff
selection board.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 July 2001. 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
opinions furnished by the Navy Personnel Command dated 21 March 2001 and undated,
copies of which are attached.

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 warranting the relief requested.
concurred with the comments contained in the undated advisory opinion. Accordingly, your
application has been denied. The names and votes of the members of the panel will be
furnished upon request.

In this connection, the Board substantially

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 
burden is on the applicant to demonstrate the existence of probable material error or
injustice.

cc&&on of an official naval record, the

J

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosures

DEPARTME

TO&THE NAVY
C&lMAND
NEL 

5720 

INTEbRlTY DRIVE

MILLINGTON TN 38055-0000

1610
PERS-3 11
21 March 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,

NAVAL, RECORDS

BOARD FOR CORRECTION OF

 

Via: 

PERS/BCNR Coordinator (PERS-OOZCB)

Subj: LC

Ref: (a) BUPERSINST 1610.10 EVAL Manual

Encl: (1) BCNR File

1. Enclosure (1) is returned. The member requests 
corrected concerning his fitness report for the period 1 October 1998 to 30 September 1999.

.his Personnel Summary Report (PSR) be

2. Based on our review of the material provided, we find the following:

a. A review of the member ’s headquarters record revealed the report in question to be on file.
The report is not signed by the member; however, block-46 is annotated with “Certified Copy
Provided. ” The member provided a signed copy with his petition.

b. The report in question is a Periodic/Detachment of Reporting Senior/Regular report. The

member request his PSR be corrected to indicated a promotion recommendation of “Early
Promote ” vice  “Promotable. ”

c. On 21 December 2000, the member

recommendation of  “Early Promote.”
petition is dated 27 November 2000.

’s PSR was corrected to indicate a promotion
The copy of the PSR submitted with the member

’s

d. The member proves the report to be unjust or in error.

e. We have replaced the unsigned fitness report with the signed copy.

4. Recommend the member ’s 

,

petiti

Evaluation Branch

DEPARTMENT 

OF$-lE NAVY

NAVY PERSON EL COMMAND
MILLINGTON TN 38055-0000

INTEG ITY DRIVE

5720 

r

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via :

Subj

Encl

:

:

Assistant for BCNR Matters (PERS-OOZCB)

REQUEST FOR COMMENTS

AND RECOMMENDATION

IN CASE OF

(1)

 BCNR File 00283-01 w/Service Recor

d

1. We are returning enclosure (1) with the recommendation tha
Lieutenant Commander

petition be denied

.

s request for a specia
select is based on his cop

s

of the  

Lieutenant Commander

2 .
board and removal of hi
of the Personnel Summary Record (PSR) dated 27 November 2000. 
review 
the FY-01 Reserve Staff Corps Selection Board shows that the
error was corrected.
available and used by the selection board, consequently there is
no basis for a special selection board or a removal of his
failure of Select

PSR detail page used by the selection board for

Therefore,

.

the correct information was

Lieutenant Commander

3 .
his record and years o
his petition does not detract from his honorable service to thi
nation and the United State

s

Na

f

can be justifiably proud o
s; the negative response t

5420
PERS-86

t

l

y

A

f

o

s

Promotions
Enlisted Advancement Divisio

, Appointments, an

d
n

DEPARTMENT OF THE NAVY
NEUROSCIENCES DEPARTMENT
34730 BOB WILSON DR., STE 201

SAN DIEGO, CA 92 134-320 1

6320
7 

Ju l 00

CDR
Nava
Chairman, Board for Correction of Naval Records, 2 Navy Annex,
Washington, DC 20370-5 100

C, USN, Specialty Leader for Neurology,

.

THE CASE OF

JREjdh Docket No: 7713-99 dtd 7  March 2000
1993;43:  1871-l 874. Physical trauma and multiple sclerosis
1993;43:  1878-l 882. Trauma and multiple sclerosis

1994;36:S33-S37.

 Trauma and Multiple Sclerosis

(a) Your ltr 
(b) Neurol 
(c) Neurol 
(d) Ann Neurol 
(e) J Neurol Sci 1993; 115 
(f) Clin Neurol Neurosurg 

multiple sclerosis (abstract)

From:

, To:

Subj 

:

Ref:

Suppl:S3-15.
1994;96(2):

 The pathogenesis of multiple sclerosis (abstract)
103-  10. The role of trauma in the pathogenesis of

 

(g) Neurol 
AAN  
(h) 
Trauma and Psychological Stress

1994;44:  
Dee 1999; Practice Guideline;435446. The Relationship of MS to Physical

1360-  1364. Physical trauma and multiple sclerosis

Encl:

(1) BCNR File
(2) Service Record
(3) VA Records/Medical Records
(4) Disability Evaluation Board Proceedings

1. As requested in reference (a), I have reviewed the records (enclosure (1) through  (4))
provided to me.
a combat related injury. It is clear that his Multiple Sclerosis (MS) first manifest in 1987.
However, there are no grounds to conclude that the condition of MS is related to head trauma.

The petitioner requests change of record to state that his disability resulted from

(b) states  “(MS) patients 

2. References (b) through (d) refer to clinical studies on head injury and multiple sclerosis.
Reference 
likely that trauma is ever a causal factor in initiating the MS process.
“Head injury and lumbar disk surgery are not associated with the onset of MS.
based on the same data makes the same published authoritative conclusion.

are-at  no greater risk after trauma than at other times; nor is it
” Reference (c) concludes,
” Reference (d),

3. There is a report, reference (e), from 1993 suggesting an association between MS and trauma.
However, reference (d) criticizes this as based on anecdotal reports. As evidence of the scholarly
(f) that it is  “inappropriate to
controversy the author of reference (e), later writes reference 
attempt to prove or disprove a causal relationship between physical trauma and MS exacerbation

Subj 

: REQUEST FOR COMMENTS AND

FORMER

RECOMMENDATION IN THE CASE OF

or clinical onset by means of epidemiologic studies.
both sides.

”Reference (g) is a series of letters arguing

“On the basis of strong and generally consistent Class II evidence,

4. Reference (h) concludes:
any posited association of trauma, especially head trauma, with more than a small effect on
either MS onset or MS exacerbation is excluded. Moreover, the preponderance of the Class II
evidence supports no association between physical trauma and either MS onset or MS
’ exacerbation. ”

5. The medical literature does not support the petitioner
for change of record be denied.

’s request.I recommend that his request

2

DEPARTMENT OF THE  

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280RUSSELL ROA

D

QUANTICO, VIRGINIA

22 134-5 103

 

IN REPLY REFER TO:

1760
MMSR-6J
28 Jul 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

‘

Ref:

ASE  OF

(a) MMER Route Sheet of  

21Ju100,

 Docket No. 7713-99

Reference (a) requests an advisory opinion on Captain

1.
'_s  request to have his records corrected to show that he
was retired from the Marine Corps by reason of "combat related"
physical disability in the rank of major.

m  transferred to the Temporary Disability

2.
Retired List (TDRL) on  
transferred to the Retired List by reason of permanent physical
disability on 16 June 1999.
on 1 August 1995 by the Commanding General, Marine Corps Reserve
Support Command (MCRSC) is invalid because Captain-as in
a retired status at that  

16  June 1994 in the grade of captain. He

timLe  and, by law, could not be promoted.

His promotion to the grade of major

entered a retired status on 16 June 1994 and

remained in a retired status since that date.

has
his subsequent appointment in the Marine Corps Reserve (while in
receipt of monthly retired pay) and promotion to major are,
therefore,

invalid and unlawful.

Unfortunately,

4.
sclerosis resulted from earlier injuries and is, therefore,
combat related,
Physical Evaluation Board (PEB).
that Board.

is a matter under the cognizance of the Naval

assertion that his diagnosis of multiple

We defer further opinion to

With regard to

5.
retired rank and pay grade,
his petition not be granted favorable consideration.

request for a change in his

we must regretfully recommend that

.

Separation and

Head,
Retirement Branch
By direction of the Commandant
of the- Marine Corps