DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 3165-01
3 July 2001
Dearéiplili,
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 21 June 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, it considered the comments of your
counsel.
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 underwent a pre-enlistment physical examination on 28 May 1999.
You did not disclose any significant medical history in the Standard Form 93, Report of
Medical History, you completed on that date. You specifically denied a history of suicide
attempt, alcohol abuse, depression or excessive worry, and nervous trouble of any sort. You
enlisted on 22 June 1999. It appears that your enlistment was fraudulent, because after you
enlisted you disclosed significant evidence of pre-service psychopathology, such as an
attempted suicide at age 12; abuse of alcohol beginning at age 14; and auditory
hallucinations beginning at age 17. You were discharged by reason of physical disability on
15 January 2001, without entitlement to disability benefits administered by the Department of
the Navy. 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. You apparently agreed with that determination, as
you accepted the findings of the PEB.
The fact that you were found fit for enlistment, that you did not seek treatment for a mental
disorder for almost seven months after you enlisted, and that you suffered from mental
disorders other than the psychotic disorder were not considered probative of the existence of
error or injustice in your record. The Board noted that psychiatric diagnoses are generally
based on information disclosed by the person being evaluated. With the possible exception
of those cases where a florid psychosis is present, it is very unlikely that a physician
conducting a pre-enlistment physical examination will diagnose a significant psychiatric
disorder when the person being evaluated denies a history of psychiatric symptoms. Had you
disclosed your pre-service history of suicide attempt, alcohol abuse, and auditory
hallucinations, you would have been referred for psychiatric evaluation, and most likely been
disqualified from enlisting. As you have not proved that your psychotic disorder was
improperly classified as EPTS, that it was aggravated beyond natural progression during your
enlistment, or that you suffered from another condition which rendered you unfit for duty,
and was incurred in or aggravated by your brief period of military service, 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.
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
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