DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4596-01
17 August 2001
Dear
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 9 August 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,
reguIations and policies.
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 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.
It noted that
although the physician’s notes on the reverse side of the Report of Medical History you
completed on 2 March 1971 indicate that you had a non-disqualifying history of acute anxiety
reaction, you specifically denied that you suffered from depression, excessive worry, sleep
difficulties, or nervous trouble of any sort on the front of the form, which you completed.
There is no credible evidence that you suffered from post traumatic stress disorder at that
time. Following your release from active duty, you filed multiple claims with the Veterans
Administration (VA) for a number of minor conditions which had not rendered you unfit for
military service. You did not claim to be suffering from symptoms of post traumatic stress
disorder for almost twenty years after you filed your initial disability claim with the VA. It
is notable that when you were evaluated at a VA facility on 3 April 1991, you failed to
endorse most of the hallmark symptoms of post traumatic stress disorder, and were thought
to be suffering from “possible” mild post traumatic stress disorder at that time.
In the absence of evidence which demonstrates that you were unfit for duty at the time of
your release from active duty, 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
NAVY | BCNR | CY2001 | 02561-98
The fact that the Department of Veterans Affairs (VA) granted you service connection for post traumatic stress disorder in 1997, effective from 23 August 1994, was not considered probative of error or injustice in your naval record. prior to your discharge were related to a personality disorder, which is a condition not covered by the military disability evaluation system, rather than a physical disability. It appears likely that the diagnosis made with all information would be PTSD and...
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...
AF | PDBR | CY2009 | PD2009-00420
The CI, found unfit only for the PTSD condition, was determined unfit for continued military service and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Navy and Department of Defense regulations. The CI completed his deployment and on return to the States had increasing symptoms of TBI including headaches, cognitive defects and a diagnosis of PTSD. Regarding TBI as a possible new unfitting condition: As noted in the...
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 | CY2001 | 02027-01
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. On 30 September 1986, you in connection with your pre-separation physical examination. Accordingly, your application has been denied.
ARMY | BCMR | CY2009 | 20090000647
In 2006, the VA rated his disability, post-traumatic stress disorder, at 100-percent disabling. Counsel states, in effect, that the applicant's discharge should be changed from medically separated with severance pay to retirement with permanent disability. The fact that the VA increased his disability rating for post-traumatic stress disorder from 50 percent to 100 percent 5 years after the applicant was discharged from the TDRL does not show that his rating by the Army was in error.
NAVY | BCNR | CY2001 | 03233-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 December 2001. member cannot be rated for his PTSD unless it was an unfitting disability "at the time when the member was placed on the TDRL". However, after careful consideration of all relevant medical evidence viewed in the light most favorable to the member, the Formal Board finds that the member is in fact unfit for continued naval service and should be...
NAVY | BCNR | CY2001 | 08463-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 October 2001. The available records do not demonstrate that you suffered from post traumatic stress disorder at that time, or more importantly, that you were unfit to perform the duties of your office, grade, rank or rating by reason of physical disability. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
AF | PDBR | CY2011 | PD2011-00915
The Service ratings for unfitting conditions will be reviewed in all cases. The Board considered that both the PEB’s anxiety disorder and the CI’s noted VA PTSD diagnosis are mental health conditions with similar standards of fitness and use the same VA rating criteria of §4.130. In addition to the CI’s spinal fusion condition 40% rating, the CI should also be found unfit and rated for his mental health condition.
NAVY | BCNR | CY2001 | 00216-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2001. consisted of your application, together with all material submitted in support thereof, limited portions of your naval record and applicable statutes, regulations and policies. The Board was not persuaded that you suffered from post traumatic stress disorder in 1945 that you were unfit for duty in 1950 because of a disability which was incurred...