DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6609-00
24 September 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 20 September 2001. Your allegations of error and
injustice were reviewed in accordance with administrative 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. In addition, the Board
considered the undated advisory opinion furnished by designees of the Specialty Leader for
Psychiatry, a copy of which is attached, and the information submitted in rebuttal thereto.
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 existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. The Board was not persuaded that your discharge by reason of
misconduct was erroneous or unjust, or that you were unfit by reason of a physical disability
incurred in or aggravated by you&brief period of military service.
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
Enclosure
DEPARTMENT OF PSYCHIATRY
NAVAL MEDICAL CENTER
PORTSMOUTH, VIRGINIA 23708-2 197
From: Case Reviewers
To:
Chairman, Board of Correction of Naval Records,
Department of the Navy, Washington, D.C. 20370-2197
S IN THE CASE OF
Ref: (a) Your ltr dtd 12 APR 01
Encl: (1)
(2)
(3)
BCNR file
Service Record
VA Record
1.
Pursuant to reference (a) a review of enclosures (l-3) was conducted to form opinions
about the subject petitioner’s claims that he was suffering from a psychosis when he
- 07 JUL 90 period, and that his
was absent without authority during the 13
discharge for the good of the service in lieu of trial by court-martial for that offense
was therefore erroneous.
JUN 90
2.
Facts of the case:
(4
(b)
(c)
The petitioner enlisted in the United States Marine Corps on 08 August 1989.
On 05 April 1990, he was started on lithium carbonate by his general medical
officer for a suspected bipolar disorder. A psychiatry consult was placed, but
he missed his first appointment because he did not have his medical record.
Over the next few weeks he was treated for various gastrointestinal
complaints and was advised to maintain a good state of hydration. His lithium
level on 23 April 1990 was 1.15
mEq/L.
The petitioner stopped taking his medication. He was absent without authority
between 13 June and 07 July 1990. He later stated that his reason for leaving
was “I had been off my medication and could not cope with stress. ”
(4
(e>
03
After returning to his command he was evaluated by the Psychiatry
Department on 13 August 1990. The final page of this evaluation including
the diagnosis is not available. On the first page of the evaluation it is
documented that “reported mood swings are not consistent with a dx of
bipolar disorder, but appear more characterological.” Also documented are
“reported visual and auditory hallucinations under conditions of sensory
deprivation.”
The petitioner was discharged UNDER OTHER THAN HONORABLE
CONDITIONS for the good of the service in lieu of trial by court-martial on
18 September 1990.
Following discharge the patient received diagnoses Bipolar I Disorder,
Alcohol Dependence and Polysubstance Dependence while under treatment
through the Veterans Administration.
3. The following opinions were submitted:
(b)
In your opinion, did the subject lack mental responsibility when he
absented himself without authority on 13 June
documentation to indicate that the subject lacked mental responsibility.
He reported that he acted because he “could not cope with stress.” This
reason alone would not indicate a lack of capacity to make decisions or
understand the consequences of those decisions. Furthermore, there is no
evidence to support that the subject suffered from acute mania or a
psychotic thought process on or before 13 June 1990.
1990? There is no available
Does the subject suffer from an affective disorder, which was incurred
during his service in the Marine Corps? While the subject has been
diagnosed with Bipolar I Disorder since discharge, it is unclear when he
first developed symptoms that were consistent with this diagnosis. The
report of perceptual disturbances under conditions of sensory deprivation
would not support a diagnosis of Bipolar I Disorder in the absence of other
findings. It appears that his symptoms did not meet criteria for Bipolar
I Disorder on 13 August 1990; however, complete records from that
evaluation are unavailable. A definitive opinion as to whether an affective
disorder was incurred during the time of enlistment cannot be given based
on the information provided.
(4
If the petitioner’s complete mental health evaluation from 13 August 1990
had been available, a more definitive opinion may have been possible.
4.
cted by
, USN.
C, USNR under the supervision of
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