DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 4738-01
22 October 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 3 October 2002. 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 advisory opinion furnished by designees of the Specialty Leader for Psychiatry
dated 14 June 2002, and the Director, Naval Council of Personnel Boards dated 26 August
2002. A copy of each opinion is attached.
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 provided by the Director, Naval Council of Personnel Boards.
Accordingly, your application has been denied.
panel will be furnished upon request.
The names and votes of the members of the
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 THE NAVY
NAVAL COUNCIL OF PERSONNEL BOARDS
WASHINGTON NAVY YARD
KENNON STREET SE RM 309
720
WASHINGTON. DC 20374-5023
IN
REPLY
REFER
TO
522 0
Ser: 02-1
26 Aug 02
2
REQUEST
FORME
OF
.,
. .
.
(a) Your
(b) SECNAVINST
1850.4E
ltr JRE:jdh Docket No:
04738-01 of
28
JUI!
02
Subj:
Ref:
1 . This letter responds to reference (a) which requested
comments and a recommendation regarding Petitioner's request for
correction of his naval records.
misdiagnosed at the time of his discharge and that he should
have been medically retired and rated for mental illness.
The Petitioner contends he was
2. The Petitioner's case history, contained in reference (a),
was thoroughly reviewed in accordance
returned.
The following comments are provided:
with reference (b) and is
a.
The Petitioner appears to have suffered clinically from
a Schizoid Personality Disorder
since childhood,
Paranoid Schizophrenia approximately eight years after his
administrative separation from the Navy via a Board of Medical
Survey.
which eventually was diagnosed as Chronic
(SPD) with some paranoid trends
b.
On 22 November 1999,
the VA found the Petitioner's
condition to be service connected and granted him a disability
rating of 100%
Petitioner suffers more psychotic appearing manifestations.
While on active duty,
manifestations,
the stressors resulted in more severe
a not unexpected phenomenon.
effective 7 February 1977.
When under stress the
C .
At what point his clinical picture made a sustained
crossing from a SPD to a Schizophrenic-Bipolar Spectrum disorder
remains a matter of speculation.
conclusion that his current condition is the result of a natural
progression,
which started prior to his active duty service. He
would not have been entitled to any disability payments from the
condition was categorized at the
Navy regardless of how his
Less uncertain is the
Subj:
REQUEST
OF FORMER
FOR COMMENTS AND RECOMMENDATIONS IN THE CASE
time of his discharge.
and was not service aggravated.
had been referred to the PEB
elititled
would not have
benefits.
and found unfit,
disabi
blavy
his condition
c)r
Latinq
lity
him to a
His condition existed prior to service
Hence,
even if former SA Wiley
In summary,
the Petitioner was not fit for further naval
3.
:service when he was discharged.
Due to the fact his condition existed prior to his entry
active duty and was not service aggravated, he would not have
been entitled to any disability benefits from the Navy when he
was separated.
BCNR application be denied.
His discharge was appropriate.
orn
I recommend that the Petitioner's
Accordingly,
2
Mental Health
Naval Medical Center
Senices
San Diego. CA
92
134-5000
I-1-0111:
I
0:
I~:ncl:
(I)
IC’NR
I:ile
(2) Service
(3)
V/Y Records
Record
specialt!
revie\\ of
the petitioner ‘s
reclwst of correction
that he was separated from the Navy by reason
he suffered from an
ml?
tting mental disorder which
22NOV9.9 the Department of Veteran Affairs
as 100% disabling retroactive to
in
M-hile in the Navy
rated
esperie:lced
s\mlptoms
he
of’ physical
uus
awardetl him
disabilit>, in
mixliaymscd
XI-X
tllat
initial
‘71:EB77.
\wrc
196-J
~hc
ice
1. Reference (a) requested a psychiatric
of
his record to show
1964. He contends that
as a schizoid
connection for a bipolar disorder, which it
agency determined that the
manifestations
of-the bipolar disorder.
personalit\..
Qn
2. I
nil1 review some of the service history:
Enlisted, USN
27AlJG6i
26SEP64
found on the deck of the ship - ‘refusing to move, talk or open his eyes. ”
hours, he did not move, talk, open his eyes or eat. He was begun on Thorazine
2OCT64. His diagnosis was
and transferred Navy station Hospital
onboard the U.S.S. Alamo when he was
FOI. 48
was admitted
#3002 on
Psychotic disorder ”.
was admitted to Navy station Hospital
tarily had not talked or moved secondary to not wanting
#3002. There,
a transfer that was to take place secondary to his poor work performance. He
told the physician that he was always a “highly emotional child ”, a loner with no
friends, and easily upset over small things. It was also noted by the physician,
however, that he had a “considerably flattened affect ” with some “pressured
speech” with “vagueness to his thinking ” and was “preoccupied with religion ”.
He demonstrated “feelings of persecution ” and believed that
falling apart” and that the
stated that he liked the Navy “because everything is canned
drinks and entertainment. ” The physician felt that he was not “fully fit for
this time” and he was transferred to U.S. Naval Hospital Bremerton on
“civiliza
-‘U.S. is going to be taken over in 8 years. “:
90CT64
includin
dutl at
’
able Schizoid Personality ”.
was admitted to U.S. Naval Hospital Oakland. He was
)\
r
Q3
‘.I;~?
1-h
medications during his
Report of Board of Medical Survey written
not treated with psychiatric
was Schizoid personality disorder.
28OCT64
remained inpatient. This report noted childhood traits of studdcring and shyness.
~l‘lic patient considered
tcachcrs secondary to being bashful and
tuxllcd having a
\vas in this
durin,
evaluation in San Diego
himself‘s “loner ” and
relt he did not
\\.ithdra\vn. It
(7 boot camp
_titalization.
psq.chiatric
get along
th
1
Iis diagnosis
whi
Ic he
\\.ith his
report that
hc
sxondar\,
3. I
\\
ill
I’C\
ic\\
IHe
u ith
\\
IICK
lie
\\as
li~llo\Gng an
.
type.
AF’R72
I
his
historI,
Lvas treated
v,.ith Mellaril 50
rng
-join the “Jesus
the
tiom
W’estern
thllowing discharge
personalit>, disorder
Narrative
14APR71.
“too scary ” to talk about.
time
\\xs noted to
VA rated 70% disabled for Schizoid
nlovenlent.Y’ He was
father
ever he was going to “give them up ” and
have tangential
po bid and discharged
VA Spokane. WA. Psychological evaluation revealed that
ilagued by “demonic forces who won ’t get off his back.
VA Seattle. WA day treatment program for a diagnosis of paranoid
\\;ithout overt psychosis ’.. He
“too religious ” and
the
was
fearfLl1 looks and noted that
thoughts”. It was noted that he was living with his
iainful employment.
Summar>- from
\vas court ordered for 30 day
~~1s
IiSN:
State
IHospital.
obser\xtion
“Schizophrenic reaction
of
some
-l.lliN7
I
admitted on
altercation with police. His diagnosis at that
paranoid
thinking and paranoia. He
on this medication.
2
paranoid trends.
12OCT72
schizophrenia. SA Wiley noted that his thoughts were
Ilo\{
noted to have “flighty
and unable to keep any
3MAR77
patient stated his wife left him because he has become
scein(r “ visions. ” He demonstrated a flat affect with
he is
alcoholism was also noted.
25MAY77
sometimes and feels that people conspire against each other. He also felt that he
“I am probably an
knew what was going on in other people ’s minds. He stated,
expert in God, the universe, and the spirit world. ” He was diagnosed with
Chronic paranoid schizophrenia.
12JUL77
1
disorder, mixed with psychotic symptoms and placed on Depakote. Other
medications during this time consisted of Lithium, Risperdal and
also noted to struggle with alcohol and Cannabis abuse. He asked to be
specifically evaluated for PTSD, for which he did not meet criteria.
13SEP99
VA Seattle, WA. Psychiatric evaluation for PTSD.
did not diagnose PTSD, however noted that “the veteran’s psychotic
manifestation developed in the service and have continued to this date. and that
the best diagnosis for his difficulties at this time is that of bipolar disorder, mixed
type.” Dr. Plattner also noted that the veteran is “severely incapacitated by his
bipolar disorder” and “could not possibly gain or sustain competitive
employment.”
22NOV99
VA rated 70% disabled for Chronic Schizophrenia, paranoid type.
Psychiatric evaluation. SA Wiley stated that he heard voices
Spokane VA treatment records. Diagnosed with bipolar
VA rated 100% disabled retroactive to
7FEB77 for Bipolar
DEC97-22APR99
“ A history of
Zoloft. He was
r
disorder. ‘1
1964
VA noted that his symptoms
espericr.
\vere the initial manifestations of bipolar disorder.
i
\\.hile in
the
Na1.y in
Wilq,‘s
she, and
ol‘a
SA
of
4. Discussion:
demonstrate
relationships.
obvious that
\vas
\vhen he
\\.itli
iiisabilit\~
inliibilcd his
Hindsight
or
LJpon review of
prc-service history
a
\\hich could
hc
s~~! ‘t~cred
admitted
bc
fi-om
onhoard
such
to maintain
nccdcd in this patient
of a mental illness.
ahilit\
nianif~stalion
iliaynoscs
s~~mptoms
ps\,chotic
lhc
as
J.S.S.
paranoid
gaintlll
’s
\\as
I
;I
s\~mptoms
;I
full year
i1l:1nlc~.
le
I
sclii/c)plircnia and
crcatc
cnlpl~~\
cxse to
01.
llic~til
dclcrniine
scr\,icc and VA records. it is
\vithdl-a\vn
beha\,ior with
Schi/.oid personality
clear
that
does
he
and
fc\v friends
afier his
has demonstrated a
disorder.
t
Io\\c\~r. it is also
I JSN
the
ps!~chiatric
cnlistmcnt in
lifclon~
bip0lnr
mcatiin
\\
liich
disorder
21111
mptonis
ha\
rc/;iiic~ii~liil~s.
\\crc
pcrsc>n;llit!
c
ii‘liis
s!
hascc
?I.
service
I~ecommendatit)iis: It is
\verc indeed
rhe
iii\; opinion
manif.estntioll
that
oI‘ his
t he
s\
ment;~l
hc
mp to ms
\i,llich is
illness.
denionstratcd in
sc\‘erc in
‘)( A
1
na~urc.
\\
hilt in
111~
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 125-02
22 October 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
on 3 October 2002. Your allegations of error and
session, considered your application
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.
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.
(TDRL) with a 30% disability rating for
The Board found that you were released from active duty on 29 September 1995, and
transferred to the Temporary Disability Retired List
asthma. On 11 January 2001, the President, Physical Evaluation Board, directed that your
name be removed from the TDRL because you failed to report for your final periodic
physical examination. In the absence of evidence which demonstrates that you were unfit for
duty at the expiration of five years from the date of the placement of your name on the
TDRL, and excuses your failure to report for the required periodic examination, the Board
was unable to recommend any corrective action in your case. 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
material evidence or other matter not previously considered by the Board. In this regard,
important to keep in mind that a presumption of regularity attaches to all official records.
and
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
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