Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 04070-01
Original file (04070-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JRE
Docket No: 4070-01
26 February 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 25 January 2002. 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 underwent a pre-enlistment physical examination on 11 December
1996, and completed a Statement of Medical History in which you denied having any
significant history of medical evaluation or treatment. You enlisted in the Navy on 13
January 1997, and were referred to the Recruit Evaluation Unit on 29 January 1997 because
of complaints of anxiety attacks. You disclosed a history of depression and self-mutilation at
age 19. You complained of recurrent anxiety attacks, being claustrophobic, an inability to
tolerate being around a large group of people, and increased irritability due to your exposure
to large groups. Your attacks included symptoms of increased heart rate, sweating,
trembling, shortness of breath, feelings of being trapped, and fear of losing control. You
were given a diagnosis of panic disorder with agoraphobia, and recommended for expeditious
separation from the Navy. You were considered to be a continuing danger to yourself and
others should separation action not be initiated. You were discharged by reason of erroneous
entry on 6 February 1997 with an entry level separation, having completed 24 days of
service.

Your personal statement and the report of the psychologist who evaluated you following your
discharge were carefully evaluated, and found insufficient to warrant any corrective action in
In this regard, it noted that your post-service denial of experiencing symptoms of
your case.
a panic disorder at any time was not accepted by the Board, as it controverted by evidence
contained in your military record. The fact that  your psychologist could not substantiate a
diagnosis of a panic disorder is not significant, given your current denial of symptoms of
such a disorder.
emotional difficulties you experienced during your brief period of service should be
attributed to your reaction to the separation from your girlfriend rather than claustrophobia.
It was clear to the Board that you were unsuitable for service, and that your discharge was
warranted.

In addition, the Board did not accept your contention to the effect that the

In view of the foregoing,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



Similar Decisions

  • AF | PDBR | CY2009 | PD2009-00650

    Original file (PD2009-00650.docx) Auto-classification: Denied

    The service treatment record (STR) included a pre-deployment health assessment that noted the CI was non-deployable pending a dental exam and evaluation by cardiology and mental health for symptoms of chest pain, hyperventilation, and dizziness to rule out cardiac disease and/or anxiety disorder. As described above, the CI was referred to Mental Health for further evaluation of his chronic pain, where he was diagnosed with Chronic Anxiety Disorder with Agoraphobia. While the CI did have a...

  • AF | PDBR | CY2009 | PD2009-00470

    Original file (PD2009-00470.docx) Auto-classification: Denied

    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 | CY2009 | PD2009-00635

    Original file (PD2009-00635.docx) Auto-classification: Denied

    The PEB reconvened on 20080104 and evaluated the CI as 10% disabled due to Fibromyalgia Syndrome (5025) and again considered the CI’s mental health condition. However, the VA included all of the CI’s mental health symptoms in its rating for fibromyalgia. The occupational and social impairment that resulted from the CI’s Depressive Disorder with Anxious Mood is sufficient to warrant a 30% rating separate from the fibromyalgia.

  • NAVY | BCNR | CY2009 | 11128-09

    Original file (11128-09.pdf) Auto-classification: Denied

    , The Board concluded that in view of your failure to disclose your pre-service history of posttraumatic stress disorder when you applied for enlistment, it would not be in the interest of justice to correct your record to show that you were retired by reason of physical disability due to posttraumatic stress disorder. In the Board’s opinion, the provisions of title 38, Code of Federal Regulations, part 4.129 (38CFR4.129) required VA rating officials to apply a convalescent rating, rather...

  • NAVY | DRB | 2002_Navy | ND02-00612

    Original file (ND02-00612.rtf) Auto-classification: Denied

    Patient (Applicant) s/p SARD for alcohol dependence. Recommendation: Continue AA meetings, weekly follow-up with medical officer, attend Stress Management weekly.000326: Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct, commission of a serious offense and alcohol abuse rehabilitation failure. 000326: Applicant advised of rights and having elected not to consult with counsel certified...

  • AF | PDBR | CY2013 | PD-2013-02068

    Original file (PD-2013-02068.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The MEB narrative summary (NARSUM) exam (approximately 11 months prior to separation) documented that the mental status exam was normal and that he was compliant with his anti-depressant medication with no active...

  • AF | PDBR | CY2012 | PD2012 01618

    Original file (PD2012 01618.rtf) Auto-classification: Approved

    The PEBadjudicated anxiety disorderas unfitting rated 10%, citing criteria of the Veterans Affairs Schedule for Rating Disabilities (VASRD).There was also an entry on the PEB’s DA Form 199 stating, “condition is complicated by Axis II personality disorder which cannot beincluded in this evaluation for disability rating purposes per DoDI 1332.38.” The CI made no appeals, and was medically separated with a 10% disability rating. Regarding occupational functioning, the examiner noted “his...

  • AF | PDBR | CY2014 | PD-2014-01701

    Original file (PD-2014-01701.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. He wa s seen for routine MH follow-u p 2 days later and reported that he was doing well on medications. The CI endorsed daily severe depressed moods, occasional to frequent suicidal thoughts , several panic...

  • AF | PDBR | CY2009 | PD2009-00293

    Original file (PD2009-00293.docx) Auto-classification: Denied

    The informal PEB (IPEB) adjudicated the mood disorder (major depression, without psychotic features) due to multiple medical conditions as the single unfitting condition, rated 10%; with application of the SECNAVINST 1850.4E and DoDI 1332.39. The Veterans’ Affairs (VA), however, can rate and compensate all service connected conditions without regard to their impact on performance of military duties, including conditions developing after separation that are direct complications of a service...

  • ARMY | BCMR | CY2014 | 20140021607

    Original file (20140021607.txt) Auto-classification: Denied

    The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. There was no indication that the IMR reviewer performed a clinical evaluation, and the self-reported symptoms of anxiety related to medical conditions and panic attacks recorded at the C&P mental evaluation were not recorded in any other clinical record. The SRP...