DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6155-00
5 September 2001
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 30 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, regulations 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.
The Board found that you served on active duty in the Navy from 1 May 1975 to 19 October
1976, when you were discharged by reason of misconduct, based on multiple violations of
the Uniform Code of Military Justice. You were issued a general discharge. You underwent
a pre-enlistment physical examination on 9 December 1978, and completed a Standard Form
(SF) 93, Report of Medical History, in which you denied a history of psychiatric complaints
or treatment, such as frequent trouble sleeping, depression of excessive worry, loss of
memory or amnesia, and nervous trouble of any sort. You were found fit for enlistment, and
enlisted in the Army on 8 December 1978. It appears that your enlistment was fraudulent, in
that you did not disclose your prior Navy service as required on the SF 93. You underwent
a “Chapter 14” (misconduct) pre-separation physical examination on 17 July 1979, and once
again denied a history of psychiatric complaints or treatment. You were discharged under
other than honorable conditions on 24 August 1979. On 18 September 1995, you authorized
the National Personnel Records Center (NPRC) to release certain psychiatric records to the
U.S. Probation Office, as part of a pre-sentence investigation. The apparent purpose of the
request was to obtain records to substantiate your claim that you were suffering from post
traumatic stress disorder stemming from “witness of murder of Philippine national ”. It does
not appear that any such records were located at the NPRC. On 1 July 1998, the
Department of Veterans Affairs (VA) awarded you service connection for major depression
with panic disorder and agoraphobia, with a
The rating was based on the rating officials ’ acceptance of your assertion that you that your
psychiatric illness began during your enlistment in the Navy, and that you had been
chronically depressed since that time.
service or alleged murder-related post traumatic stress disorder to the VA rating officials.
It does not appear that you disclosed your Army
100% rating effective from 26 March 1992.
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 unfit for service
by reason of physical disability when discharged from the Navy in 1976. 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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