DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1474-02
19 December 2002
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 17 December 2002.
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
In addition, the Board considered the advisory
and policies.
opinion furnished by a Navy psychiatrist, a copy of which is
enclosed and your rebuttal thereto.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board
insufficient to establish the existence of probable material
error or injustice.
found,that the evidence submitted was
The available record shows that you enlisted in the Marine Corps
on 2 August 1993 at age 18.
counseled following a domestic altercation and being combative
toward authorities to the point of being forcibly restrained.
Subsequently, you were processed for discharge due to a diagnosed
personality disorder. You were honorably discharged for that
reason on 30 January 1995. At that time you were not recommended
for reenlistment and were assigned an RR-4 reenlistment code.
On 28 November 1994 you were
In support of your request for a change in the reenlistment code,
you have submitted an evaluation from a licensed clinical
psychologist who performed testing,
interviewed you on two
occasions, and concluded that you do not have a personality
disorder.
In order to resolve the conflicting psychiatric evaluations, an
advisory opinion was obtained from a Navy psychiatrist.
The
advisory opinion states, in part, as follows:
.
.
. The subject's post-service evaluation does not
.
mention a review of the patients psychiatric records,
and it contains little relevant psychiatric data save
for a brief description of recent function and the
On the other
results of one assessment instrument.
hand, the patient's medical record documents a history
of
.
.
.
apparently started at age 15, a domestic altercation,
poor adaptation to military life and a lengthy (3rd to
9th) grade) past psychiatric history, treated by
counselors, for "probable
"on and off", or chronic, suicidality, which
ADHD".
.
.
.
. This ex-Marine is likely unable to withstand the
.
vicissitudes of military life, hence his re-enlistment
code should not be changed.
presented insufficient evidence to merit a change in
the diagnosis.
Additionally, he has
You essentially contend in your rebuttal to the advisory opinion,
recently married with a stepdaughter and
that you were immature,
You point out that you performed your
under considerable stress.
duties very well and were awarded a Navy Achievement Medal.
Additionally you are still married, have three children and have
You have submitted a resume
been certified as a foster parent.
that shows that you have been steadily employed with a good
record.
and there was no psychological testing involved.
believe that you were misdiagnosed.
You contend that you were only evaluated on one occasion
You continue to
The Board believed that the behavior described in the counseling
entry was sufficient to support the conclusion that you were
having difficulties adapting to military life, and noted that you
have not refuted the history of psychological problems set forth
in the advisory opinion.
personality disorders may only become manifest when
is under stress, and you were not under stress when
Therefore,
evaluated by the civilian psychologist.
substantially concurred with the comments contained
advisory opinion.
Finally, the Board is aware that
an individual
you were
the Board
in the
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
You are entitled to have the
favorable action cannot be taken.
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
are such that
2
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN
Executive Director
PF'EIFFER
Enclosure
3
1
\
From
To:
31July2002
alRecords
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION IN THE CASE OF
Ref: (a)
lOUSC1552
Encl:
(l)ltrfi-omBCNRdocketno.01474-02 dtd 10 April2002
(2) BCNR file
(3) Service Record
1.
2.
3.
Pursuant to reference (a) and enclosure
(3).
(l), I have reviewed enclosures (2) and
The subject ’s post-service evaluation does not mention a review of the patient ’s
psychiatric records, and it contains little relevant psychiatric data save for a brief
On
description of recent function and the results of one assessment instrument.
the other hand, the patient ’s medical record documents a history of “on and off,”
or chronic, suicidality, which started apparently started at age 15, a domestic
altercation, poor adaptation to military life, and a lengthy
psychiatric history, treated by counselors, for “probable
(3rd-9th grade) past
ADHD.”
This ex-Marine is likely unable to withstand the vicissitudes of military life,
hence his re-enlistment code should not be changed. Additionally, he has
presented insufficient evidence to merit a change in his diagnosis.
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