DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

Y

S

JRE
Docket No: 3617-02
2 December 2002

_..___.

This is in reference to your
provisions of title 10 of the

application for correction of your naval record pursuant to the
United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting
session, considered your application on 15 November 2001.
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 comments of  your counsel.

  in executive
Your allegations of error and

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 rationale of the
hearing panel of the Physical Evaluation Board that considered your case on 17 October 1991,
a copy of which is attached.
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.
important to keep in mind that a presumption of regularity attaches to all official records.

In this regard, it is

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

PHYSICAL EVALUATION BOARD

HEARING

PANEL

BETHESDA, MARYLAND  

20889-5135

Evaluation 

B

1850
PEB: ber
NW 
12 

iu;li

DIsmILrTY ‘EVA LU ATIO N  FI N D I N G S OF THE PH
(a> SECNAVINST  

1850.4C

YSICAL 

E V A L U A T I ON  B O A R D

From:
To :

Subj 

:

Ref :

Encl :

On 1 ’7 October 1991,

1.
formal hearing an
accordance with reference

the  Physical 

Evaluation Board reviewed your case b

d considered all evidence presented and of record i

 

(a>.

The PEB made the following findings

grade ,

a .
rank or rating

.

You are physically unfit to perform the duties of your office

b.

Your  diagnosis

,

international classification of diseases cod

(ICDg> and disability rating are

:

DIAGNOSIS AND  

ICDg

CATEGORY I:

ALL UNFITTING CONDITIONS
1. DEPRESSIVE DISORDER CHRONIC,

3 110

:

y
n

,

e

DISAB TLITY RATING

PERCENT

VA CODE

9209

1
I LESS EPT

E

30
10

20

CATEGORY III:

THOSE CONDITIONS THAT ARE NOT SEPARATELY UNFITTING AND DO  
TO THE UNFITTING CONDITION

NOT CONTRIBUTE

2. ASTHMA IN REMISSION,

 

49390

4

Subj 

:

Opinion on Combat-Related Disability

3 .
that the unfitting conditions were not combat-related IAW 26 U.S.C 104
(3).

.

It is the opinion of the PE

h
h

B
(b)

 

EVALUATION BOARD ICO

-____--___-___________-.-__----__---~~--.~~--

fir.dings

 is contained in

 

er,closure

The basis   for the PEB  

__- 

_____  

_____ 

-- __________

-- 
Basis

.

C .

(1).
2 .
severance pay
the  provisions of 10 U.S.C

Disposition

.

You are to be separated from the naval service wit
, but without further disability benefits in accordance wit

. 1203 or 1206, as appropriate

.

RATIONALE,

IS A 28 YEAR OLD SGT, USMCR, WITH ABOUT 11 YEARS OF

THE MEMBER
TOTAL ACTIVE AND RESERVE SERVICE AT THE TIME OF HIS APPEARANCE
BEFORE A MEDICAL BOARD AT GREAT LAKES NAVAL HOSPITAL ON 14 MAY
1991 WITH THE DIAGNOSES:

(1)  DEPRESSIVE DISORDER, CHRONIC, MILD; AND
(2)  ASTHMA IN REMISSION.

AND

OTHER

AVAILABLE

HOURS,
STRESSES
HE WAS SEEN AT THE

DIFFICULTIES
IMPOSED BY

DECEMBER

VISITS
MOOD

WITH

1990

FOR
GIVEN
AND A
PASSIVE
HE

WAS
IN

AND UNRESPONSIVENESS.

DRAMATIC CHANGE  
AFTER

TRAITS.

SEVERAL
DEPRESSED

SPECIFIED

 

NOT

WORK
THE

STRESS"

AND

MENTAL

HEALTH

BOARD

REPORT

LONG

AND

AND
1991 

CONFUSION

THE

MEDiCAL

SYMPTOMS OF

BORDERLINE

BECAUSE OF A  

CLINIC IN

AFTER

"JOB
ADJUSTMENT

DISORDER
HISTRIONIC,

DISORDER WITH
OTHERWISE

THE MEMBER RETURNED TO ACTIVE DUTY ABOUT 6 AUGUST 1990.
STRESSES

ACCORDING TO
RECORDS,
DUE TO
IMPOSED BY
INTERACTING WITH
A SUPERVISOR,
MOBILIZATION FOR OPERATION DESERT SHIELD,
WRIGHTtPATTERSON
COMPLAINT OF
DIAGNOSES OF
PERSONALITY
AGGRESSIVE,
HOSPITALIZED ON 4 MARCH
PHYSICAL
EXTENSIVE EVALUATION BY INTERNAL MEDICINE AND NEUROLOGY WITHOUT
APPARENT PHYSICAL CAUSE OF HIS SYMPTOMS, HE WAS TRANSFERRED TO
PSYCHIATRY.
1988 FOR DEPRESSION WHEN HE FAILED TO RECEIVE A PAY RAISE, WITH
TREATMENT ON
INCLUDED
STELAZINE,
GESTURE BY OVERDOSE ON DESIPRAMINE IN SEPTEMBER 1989.
EXAM 
ADAPIN.
PSYCHOLOGIC
SIGNIFICANTLY DEPRESSED WITH
OCCUPATIONAL
LONGSTANDING
ESPECIALLY WITH AUTHORITY FIGURES, PLUS CHRONIC LOW
 
OBSERVED BEHAVIOR ON THE PSYCHIATRIC WARD WAS INCONSISTENT AND
UNUSUAL AND SEEMED MOST CONSISTENT WITH THE PERSONALITY DIAGNOSIS
AND POSSIBLY SECONDARY GAINS.
BUT REMAINED
TREATMENT BUT WITH FULL AFFECT AND SOCIALIZATION WITH FAMILY.
FRIENDS,

SF+93  OF 11 MARCH 1989 INDICATED THE MEMBER WAS TAKING

THERE WAS A PAST HISTORY OF A HOSPITALIZATION IN

SELECTIVELY RESISTANT TO

TREATMENT AT
AND PROZAC,

POOR INSIGHT RELATED TO

AND OTHER PATIENTS.

OCCASIONS AS AN

TWO

SEPARATE

EVALUATION

STRESS

AND

DIFFERENT

NOTED

THE

INTERPERSONAL

AS WELL AS A HOSPITALIZATION FOR A SUICIDE

HE WAS TREATED WITH NORTRIPTYLINE

STAFF INTERVENTION AND

NO EVIDENCE OF PSYCHOSIS WAS NOTED.

TIMES

WITH

DESIPRAMINE.

OUTPATIENT

THAT

A PHYSICAL

MEMBER

WAS
RECENT
PROBLEMS.
SELF+ESTEEM.

 

...

FOUND

THE PEB RECORD REVIEW PANEL CONSIDERED THE CASE ON 26 JULY 1991
AND
DISABILITY RATABLE AT 30% UNDER V.A.
FACTOR OF 10%.
FOR A TOTAL DISABILITY RATING OF 20%.
DISAGREED WITH THIS FINDING AND DEMANDED A FORMAL HEARING.

MEMBER

UNFIT

DUTY

THE

FOR

CODE 9209,

BECAUSE OF

PHYSICAL

LESS AN EPTE

THE MEMBER

ENCLOSURE:

(1)

FOUND UNFIT FOR DUTY WITH A DISABILITY

CODE 9209 AND PLACED ON THE TDRL.

 

PAST

THAT HIS

THE MEMBER APPEARED AT THE FORMAL HEARING CONDUCTED
1991 REQUESTING TO BE
RATING OF 30% UNDER V.A.
MEMBER ALLEGED
CURRENT PROBLEM WITH DEPRESSION IS NOT RELATED TO THE
PROBLEM;
MISTREATMENT AT THE RESERVE CENTER BY HIS SUPERVISORS AND THE
STRESS OF EXCESSIVE WORK DEMANDS; AND THAT HE IS NOW TREATED WITH
PAMELOR AND HAS BEEN SENT HOME AWAITING ORDERS AND NOT ALLOWED TO
PERFORM ANY DUTIES.
NONeMEDICAL
WORKERS,
DISABILITY CLAIM WITH STATE FARM INSURANCE COMPANY.

 EVIDENCE LETTERS FROM HIS WIFE, A SUPERVISOR, AND

A COPY OF HIS REQUEST FOR MAST,

HAD
 
WAS

CONDITION

PROBLEMS

CURRENT

THAT

HIS

TO SUPPORT HIS REQUEST THE MEMBER PRESENTED
 

17  OCTOBER

RESOLVED

CAUSED BY

AND
PREViOUS

THE
THE

HIS

AND A COPY OF HIS

CO?

PHYSICAL

BECAUSE OF

DISABILITY.

AFTER CAREFUL REVIEW OF ALL THE AVAILABLE EVIDENCE AND BASED ON
UNANIMOUS OPINION OF THE HEARING PANEL, THE PHYSICAL EVALUATION
BOARD FINDS THE MEMBER UNFIT FOR FULL DUTY IN THE U.S. MARINE
CORPS
DOCUMENTS THAT THE MEMBER HAS A CHRONIC DEPRESSIVE DISORDER THAT
REQUIRES TREATMENT WITH ANTIDEPRESSANTS AND REGULAR OUTPATIENT
THERAPY.
ALTHOUGH
DUTIES
CLEARLY DOCUMENTS THAT THE MEMBER HAD A SIGNIFICANT HISTORY OF
DEPRESSION
REQUIRING
HOSPITALIZATIONS
TREATMENT PRIOR TO ENTRY,
STRESSES THAT EXACERBATED THE MEMBER'S SYMPTOMS THAT CONSTITUTES
SERVICE AGGRAVATION.

THIS INTERFERES WITH THE PERFORMANCE OF MARINE CORPS

ASSIGNABILITY.

AND LIMITS

SEVERAL

AND
THERE IS DOCUMENTED SERVICE SPECIFIC

THE

RECORD

CLEARLY

THE

RECORD

ALSO

IS

NOT

RATABLE,

ALTHOUGH A LARGE PORTION OF THE MEMBER'S CURRENT SYMPTOMS AND
FUNCTIONAL IMPAIRMENT IS RELATED TO THE PERSONALITY DISORDER,
WHICH
DEPRESSIVE DISORDER IS CONSIDERED TO MEET THE CRITERIA FOR THE
DEFINITE CATEGORY WARRANTING THE 30% DISABILITY RATING.
THE DEGREE OF IMPAIRMENT FROM THE
DISORDER IS CONSIDERED TO MEET THE CRITERIA FOR AT LEAST THE MILD
CATEGORY,
GIVES A TOTAL DISABILITY RATING OF 20%.

THUS JUSTIFYING SUBTRACTION OF A 10% EPTE FACTOR.

THE DEGREE OF

PREySERVICE

 

IMPAIRMENT

THE PERSONALITY DISORDER IS CONSIDERED A CATEGORY IV CONDITION
THAT DOES NOT CONSTITUTE A PHYSICAL DISABILITY.

OUTPATIENT

DUE TO

THE

HOWEVER.

THIS

 CHRONIC DEPRESSIVE