DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: REVIEW OF NAVAL OF
I
RECORD
(a) 10 U.S.C. 1552
Ref:
Encl: (1) Case summary
(2) Subject's naval record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Marine Corps, filed
enclosure (1) with this Board requesting a change in the reason
for his discharge to show that his illness was service connected
and/or entitlement to disability retirement.
The Board, consisting of Mr.
2.
Hardbower, reviewed Petitioner's allegations of error and
injustice on 9 August 2000 and,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations, and policies.
pursuant,to its regulations,
Silberman, Mr. Vaughan, and Ms.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waive the statute of limitations and review the
application on its merits.
C .
Petitioner enlisted in the Marine Corps on 2 October 1980
On 2 January 1981 he completed recruit training.
he was admitted to the
at age 21.
Three months later, on 14 April 1981,
hospital, and remained there until he was found fit for duty on 1
May 1981.
acute psychotic episode.
The discharge diagnoses were hypo-manic disorder and
petitioner was readmitted to the hospital on 14 May 1981.
d.
17 June 1981 a medical board found that he suffered from a
On
severe manic disorder which existed prior to his entry (EPTE)
into the Marine Corps.
Since his condition had improved with
treatment, his discharge from the Marine Corps was recommended.
The history of the illness set forth in the medical board report
noted that two of his brothers had been diagnosed with manic
depressive illness, and other siblings were considered to be
mentally ill.
physical disability, EPTE, was directed.
honorably discharged on 7 July 1981.
completed nine months and five days of active service.
Subsequently, his discharge by reason of a
Petitioner was
At that time he had
.
The narrative reason for discharge entered on the DD Form
- personality disorder w/o admin board."
21Uewas
This is in error since the narrative reason should be "physical
disability,
"unsuitability
EPTE."
f.
In 1987 or 1988, after numerous appeals the Board of
Veterans' Appeal (BVA) found as follows:
.
.
. the veterans' pre-service medical records and school
.
reports do not demonstrate that the veteran had an acquired
His
psychiatric disorder prior to entering the service.
pre-induction examination did not reveal any psychiatric
abnormalities, thereby raising a presumption of soundness.
We noted that the veteran reported during treatment in
service that he experienced problems caused by an excess of
energy before entering the service, and that the physical
evaluation board determined that a manic disorder existed
prior to service.
evidence as a whole does not clearly and unmistakably show
that manic depressive illness preexisted the veteran's
entry into the service and the presumption of soundness is,
Accordingly, the BVA has
therefore, not rebutted.
concluded that a bipolar disorder (manic depressive
illness) had its onset during the veteran's military
service and is service connected.
Nevertheless, we have concluded that the
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
Concerning the reason for discharge, it is clear that
Petitioner's DD Form 214 should show that he was discharged by
reason of a physical disability, EPTE, and not the reason of
unsuitability now of record.
the record shows that he began to
Concerning Petitioner's request that the record show that his
illness was service connected,
display evidence of his manic illness during his teenage years.
Further, the medical board report indicates he had a hypo-manic
pattern of adjustment, and it describes his extensive family
history of manic depressive illness.
decision of the BVA but found it insufficient to demonstrate that
the medical board determination is erroneous or unjust.
Petitioner has not established that his mental illness did not
exist prior to his entry into the Marine Corps, a change in the
record to show a service connected disability is not warranted.
The Board considered the
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he was discharged from the Marine Corps by reason of an EPTE
physical disability, without entitlement to disability severance
pay.
b.
That the remainder of his requests be denied.
C .
That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d.
That any material directed to be removed from Petitioner's
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
together with a copy of
for retention in a confidential file
with no cross reference being made a
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
&T&&
.
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
W. DEAN P
Executive D
AF | BCMR | CY2004 | BC-2004-02704
On 4 June 1982, the Informal Physical Evaluation Board (IPEB) diagnosed the applicant with bipolar affective disorder, manic, chronic with slight impairment of social and industrial adaptability; Existed prior to service (EPTS) without service aggravation. The Medical Consultant further states the applicant alleges he was never diagnosed or treated for bipolar disorder prior to entering military service. The fact the Air Force made a determination that the applicant’s condition...
ARMY | BCMR | CY2013 | 20130002754
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of "Disability, Mental or Physical Condition" rather than discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 by reason of "Condition, Not a...
ARMY | BCMR | CY2013 | 20130012179
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. At the time, his commanding officer read all of his military personnel and finance files; Army health records; and two doctors' statements, one for a mental health consultation and one diagnosing him with a mental illness. c. A general discharge was a separation from the Army under honorable conditions.
ARMY | BCMR | CY2014 | 20140007368
After a comprehensive review of the applicants case, the SRP recommended by unanimous vote that the applicant's records should be corrected to reflect that her bipolar disorder condition was found unfitting, compensable, and ratable and was rated at 30 percent upon Temporary Disability Retired List (TDRL) entry with a combined disability rating of 50 percent; and upon final disposition, a permanent rating of 70 percent for the bipolar disorder condition with a combined disability rating of...
AF | BCMR | CY2006 | BC-2005-01954
The fact that the applicant has been granted service connected disability from the DVA does not entitle her to Air Force disability compensation. Applicant contends her psychiatric condition was aggravated by her Air Force Reserve service. We believe it is interesting to note that although the applicant was diagnosed with personality disorder while on active duty and reported symptoms of depressed mood at the time of her separation examination, she did not seek medical attention nor was...
ARMY | BCMR | CY2011 | 20110018523
As a result, his diagnoses met the criteria for an administrative separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, by reason of other designated physical or mental conditions. On 29 July 2010, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other physical and/or mental...
USMC | DRB | 2005_Marine | MD0500786
Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Narrative Summary from Naval Medical Center San Diego Mental Health Services (5 pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 19940712 – 19940919 COG Active: USMC 19940920 – 19980527 HON Period of Service Under Review :Date of Enlistment: 19980528 Date of Discharge:...
AF | PDBR | CY2009 | PD2009-00470
The principle of rating all mental health symptoms under the predominate diagnosis is endorsed and there is no evidence in the record that CI's impairment due to different diagnoses can be specifically separated. The LCSW noted a decrease in panic attacks to 1x/week, and the VA noted that the CI had self-discontinued medications as not helping and making him feel worse and noted impaired interpersonal interactions. The Board determined that at the time of separation, the CI's clinical...
AF | PDBR | CY2010 | PD2010-00117
Mental Condition/Major Depressive Disorder/Anxiety Disorder. The Board noted the recommendation made by the AFBCMR medical consultant for the contributions of the pre-existing component of her condition, the presence of the paranoid personality disorder and the examiners implication that the CI failed to disclose her psychiatric issues prior to enlistment; however, there was no evidence whatsoever in the record that the CI ever received medical treatment for a psychiatric condition prior to...
AF | PDBR | CY2010 | PD2010-00880
VA psychiatric outpatient notes proximate to separation indicate the CI’s condition deteriorated significantly at that time, and he was diagnosed with PTSD in addition to bipolar disorder four days prior to separation. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows: TDRL at 50% for six months following CI’s prior medical separation (minimum of 50% IAW §4.129) and then a permanent 50% disability retirement as below. Absent the requirement for...