DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  3842-01 
15 May  2002 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, 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 1 May 2002.  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 Specialty Advisor to the Surgeon General 
for Psychiatry, a copy of which is 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. 

You enlisted in the Marine Corps on 28 September 1979 at age 19. 
The record reflects that on 15 October 1980 you were involved in 
a truck accident.  Subsequently, you received four nonjudicial 
punishments and were convicted by a summary court-martial.  The 
offenses included unauthorized absences totalling 18 days, 
absence from your appointed place of duty, and possession of 
marijuana. 

On 7 December 1981 your commanding officer recommended that you 
be separated with an other than honorable discharge by reason of 
misconduct.  When informed of this recommendation, you elected to 
waive the right to present your case to an administrative 
discharge board.  After review by  the discharge authority, the 
recommendation for separation was approved and you were 
discharged with an other than honorable discharge on 18 December 
1981. 

With your application, you presented a medical evaluation that 
states that you have post traumatic stress disorder (PTSD) that 
was caused by the truck accident and your being a witness to a 
murder-suicide.  You state that after these incidents you were 
never quite the same.  The advisory opinion from the Specialty 
Advisor states that there is no evidence that your diagnosed PTSD 
was symptomatic during your period of service.  The opinion also 
states that there is no evidence that it was germane to the 
misconduct that led to your discharge. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and 
immaturity, two medical evaluations, and the contentions that 
PTSD caused your misconduct and that your discharge would be 
upgraded in six months.  However, the Board concluded that these 
factors were not sufficient to warrant recharacterization of your 
discharge, given your record of frequent involvement with 
military authorities.  You were the subject of five disciplinary 
actions within a period of less than three years.  Furthermore, 
there is no evidence that your PTSD caused or contributed to your 
misconduct.  There is also no law or military regulation that 
provides for upgrading a discharge based solely on the passage of 
time.  Based on the foregoing, the Board concluded that no change 
to the discharge 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. 

Enclosure 

W. DEAN PFEIFFER 
Executive Director 

Department of Psychiatry 

Naval Medical Center 

San Diego. CA 92 134-5000 

1.0: mOr 

MC, USNR 

From: 

2 1  Feb 02 

Washington, DC 20370-5 100 

Correction of Naval  Records.  Department of the Navy. 

Subi:  COMMENTS AND RECOMMENDATIONS  ICO FORME- 

Ref: 

(a) Docket #3842-01  Itr dated 6 February 2002 

Encl: 

(1) BCNR File 
(2) Service Record 

1. Reference (a) requested a psychiatric specialty review of the petitioner's request of 
correction of his naval record.  Specifically, he requests an upgrade from his Other 
Than  Honorable/Misconduct~Frequent Involvement discharge on 18 Dec 8 1.  I 
Have reviewed enclosures (1) and (2). and offer the following comments. 

2. 

I  will review some history: 

-19 Sep 79 

-28 Sep 79 
-14 Oct 80 

- 16 April 8 1 
-13 May 81 
-6 Aug 81 

-27 Aug 8 1 
-29 Oct 81 
-16 NOV 81 

Enlistment physical.  He answered NO to having prior suicide 
attempts, depression or excessive worry, and nervous trouble of 
any sort. 
Enlisted  in USMC 
Motor Vehicle Accident in which member was "pinned  under an 
overturned truck."  Member now contends that at this time he 
developed "depression,  nightmares, suicidal thoughts, lack of 
appetite, loss of interest and self-esteem."  He also relates that 
these symptoms occurred in the context of  physical pain and 
heavy drinking.  Member relates that he sought help with "CO, 
company Sergeant, Parris Island Substance Abuse Officer". 
NJP (UA for  1 day on April  10, 198 1) 
NJP (UA for 2 days on May 8-1 0,198 1) 
LT. D.A. O'Briant  relates  "No mental disorder, ETOH or Drug 
abuse noted at this time"  (in progress note). 
SCM (UA for  1 5 days on  July 20,  198 1 -August 5, 198 1) 
NJP (Absence from appointed place of duty) 
Final physical showed that he was qualified for discharge.  No 

physical defects noted other than contact lenses.  No psychiatric 
symptoms reported  at this time.  The member checks "no"  to 
depressive symptoms or nervous trouble of any sort. 

-0 1  Dec 8 1 

-07 Ilec 8 1 

- 18 Dec 8 1 

NJP (possession of marijuana, restriction broken). 
Member relates that he witnessed "murder-suicide''  in company 
Office (does not recall exact date or names of deceased). 
CO recommended  OTH/MISC/FI.  CO noted that applicant 
maintained a negative attitude toward Marine Corps. 
Administrative Discharge (Other 'Than  Honorable  Misconduct 
Frequent Involvement). 

'I'he member asserts that he developed symptoms of post-traumatic  stress disorder. 
depression, and alcohol abuse (or dependence) after  "a  near fatal accident."  This 
is documented  retrospectively  in a letter (from the member) dated April 3,  2001. 
Review of available medical records reveals the following about his psychiatric 
symptoms and treatment: 

-There is no documentation during his military service to indicate that he 
endorsed or was treated  for symptoms of PTSD or depression. 
-6 Aug 8 1 

"No  mental disorder, ETOH or Drug 

-relates 

abuse noted at this time."  (in progress note). 

-1 6 Nov 8 1  Discharge physical makes no mention of psychiatric symptoms or 

- 1996 

diagnosis. 
Admitted to "New  Horizons of The Treasure Coast Inc." for detos 
( 5  days) and rehabilitation (28 days). 

- 26 Jan 01  Member diagnosed with Major Depressive Disorder. Recurrent, 

Moderate; Agoraphobia 
Alcohol Dependence by 

- 19 Jun 0 1  Melissa Sands, MA (Social Science Program Specialist) diagnoses 

member with post-traumatic  stress disorder ("secondary  to 
accident while on military service")  and alcohol dependence in 
partial remission. 

?%%!!!k, 

D.O.  diagnosed patient with "Chronic  alcohol 
post-traumatic stress disorder, Chronic 

depression and anxiety." 
Patient diagnosed with post-traumatic stress disorder and alcohol 
dependence in early remission by NirmalaVardhan. 

- 16 Oct 0 1 

4.  Discussion:  Post-traumatic stress disorder involves characteristic symptoms 
following the exposure to an event that involves the threat of death or serious 
injury to the individual or another person.  The initial reaction to this event 

must involve intense fear, helplessness, or horror.  Individuals with this disorder 
have symptom constellations which involve reexperiencing the trauma, avoiding 
stimuli associated with the trauma, and heightened  arousal.  The diagnosis also 
requires "clinically  significant distress or impairment in social. occupational, or 
other important areas of functioning."  The petitioner describes two events which 
could have led to the diagnosis of post-traumatic stress disorder.  However, there 
is no documentation to suggest that any synlptoms of this disorder where present 
during his military service.  Symptoms of post-traumatic  stress disorder can 
develop months or years after the  traumatic event (this is described as post- 
traumatic stress disorder with delayed onset).  It is possible that the petitioner 
developed these symptoms after his military  service.  This would not have been 
relevant to his misconduct as he was asymptomatic. There is no documentation 
of symptoms of depression, alcohol abuse, or any other psychiatric disorder.  He 
contends that his work performance was unaffected  during this time period ("My 
work performance continued to be above satisfactory").  This indicates that he 
did not have changes in occupational functioning during this period aside from 
"going UA on drinking binges, which I couldn't  control."  Although not 
documented in his military health record, he describes himself as an "alcoholic" 
during his period of service.  This suggests that any psychiatric symptoms (which 
again are not documented during his period of service) or behavioral disturbances 
could be intertwined with his alcohol abuse.  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 the majority 
of cases, individuals with these diagnoses have full capacity, competency, and 
responsibility for their behavior.  There is no documentation of incapacity or 
incompetency in the petitioner's  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.  If the petitioner had been symptomatic from post-traumatic stress 
disorder, acute stress disorder, or major depressive disorder he was given the 
opportunity to endorse such symptoms and did not.  He may have developed post- 
traumatic stress disorder later on due to the trauma witnessed on active duty.  This 
may entitle him to treatment.  There is no evidence that this was germane to his 
misconduct which led to his OTH discharge or to this petition. 

LTIMCI u SNR 
Resident in Psychiatry 

Staff Psychiatrist