DEPARTMENT OF
THEi NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
2037C-5100
JRE
Docket No: 2027-01
11 June 2001
This is in reference to your application for correction
provisions of title 10 of the United States Code, section 1552.
of your naval record pursuant to the
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 24 April 2001.
Your allegations of error and
injustice were reviewed in accordance with
administrat,ve 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.
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
injustice.
exi:;tence of probable material error or
“mental anguish”
The Board found that you enlisted in the Navy on 5 September 1985. On 7 August 1996,
you presented for psychiatric evaluation because of a fear of heights, and were given a
diagnosis of acrophobia. On 13 September 1986, you complained of
secondary to your impending administrative separation and concerns over future medical care
entitlement for a neck injury. You denied sleep disturbances, social or occupational
disturbances, suicidal or homicidal thoughts, or unhappiness. Your mental status
examination results were within normal limits, and you were not found to be suffering from
a psychiatric disorder. On 30 September 1986, you
in connection with your pre-separation physical examination. You disclosed a history of
arthritis and recurrent
back pain, but denied frequent trouble sleeping, depression or
The physician who conducted the
excessive worry, or nervous trouble of any sort.
examination did not discover any disqualifying defects, and you did not disclose any.
were discharged by reason of misconduct/commission of a serious offense on 10 October
1986.
cc’mpleted a Report of Medical History
You
The Board carefully considered the findings of your private physician, which are too the
effect that you suffer from post traumatic stress disorder secondary to your military service,
As
but found that information insufficient to warrant any corrective action in your case.
noted above, your mental health was evaluated on at least two occasions during your
enlistment, and you did not disclose any of the hallmark symptoms of post traumatic stress
disorder.
September 1986. In the absence of evidence which demonstrates that you were unfit by
reason of physical disability at the time of your discharge, and that your discharge by reason
of misconduct was erroneous or unjust, the Board was unable to recommend any corrective
action in your case. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
histor;, of nervous trouble of any sort on 30
In addition, you specifically denied a
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
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.
presump,;ion of regularity attaches to all official
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2001 | 06155-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 2001. service or alleged murder-related post traumatic stress disorder to the VA rating officials. The Board was not persuaded that the misconduct which resulted in your discharge from the Navy was caused by or related to undiagnosed mental disorder, that your misconduct was significantly extenuated or mitigated by your mental state, or that you were...
NAVY | BCNR | CY2009 | 08797-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2010. Your receipt of a combined disability rating of 10% from the VA shortly after you were released from active duty is not probative of the existence of error or injustice in your naval record because those ratings were assigned without regard to the issue of your fitness for military duty on 25 June 1985. Consequently, when applying for a correction of...
NAVY | BCNR | CY2008 | 07559-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. In a letter dated 29 November 1999, a psychiatrist with a Louisiana State University student health center stated that you had an organic mental disorder with depression and a personality disorder, both secondary to a severe head injury you suffered as a teenager. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2001 | 03165-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 2001. Although you were diagnosed a suffering from several mental disorder at that time, the only condition considered disabling was a psychotic disorder, not otherwise specified, which the Physical Evaluation Board (PEB) determined existed prior to service (EPTS), and was not service aggravated. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2001 | 04596-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 2001. In this connection, the Board rejected your contentions to the effect that you suffered from post traumatic stress disorder at the time of your release from active duty in 1971, and that you were unfit by reason of physical disability at that time. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2001 | 05285-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 2001. The available records do not establish that you suffered from post traumatic stress disorder at the time of your release from active duty or for several years thereafter, or that you were unfit for duty when separated from the Navy. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2002 | 04334-01
Documentary material considered by the Board your 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 Physical Evaluation Board (PEB) made preliminary findings that you were unfit for duty because of post traumatic stress disorder and major depression, which existed prior to your enlistment, and were not aggravated by your service. ...
NAVY | BCNR | CY2001 | 03842-01
There is no documentation of symptoms of depression, alcohol abuse, or any other psychiatric disorder. It is unlikely that symptoms of a post-traumatic stress disorder or major depressive disorder would have "caused or significantly contributed to the misconduct of record." In summary, it does not appear that this individual's diagnosed post-traumatic stress disorder and depressive disorder were symptomatic during his period of service.
NAVY | BCNR | CY2009 | 11128-09
, The Board concluded that in view of your failure to disclose your pre-service history of posttraumatic stress disorder when you applied for enlistment, it would not be in the interest of justice to correct your record to show that you were retired by reason of physical disability due to posttraumatic stress disorder. In the Board’s opinion, the provisions of title 38, Code of Federal Regulations, part 4.129 (38CFR4.129) required VA rating officials to apply a convalescent rating, rather...
AF | BCMR | CY2004 | BC-2004-01808
The applicant in March 1982 presented for care in the mental health clinic with nervousness and depressive symptoms due to “too much stress on flight line (his crew chief).” His medical records also reflect the applicant was evaluated for alcohol abuse in March 1983, with no other details listed. The evidence in the record shows a diagnosis of a personality disorder, however, the record also shows that the applicant’s duty performance was excellent. There is no indication in the record...