DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6796-01
10 May 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
J
REVIEW OF NAVAL RECORD
______.
_.__
,
-.
--
Ref: (a)
10
U.S.C.
1552
Encl :
(1)
(2)
DD Form 149
Subject’s naval record
1.
Pursuant to the provisions of reference (a),
filed enclosure (1) with this Board requesting,
show that he was retired by reason of
Sul?ject, hereinafter referred to as Petitioner,
in effect, that his naval record be corrected to
physical disability, with a rating of at least 30%.
2. The Board, consisting of Messrs. Harrison, Shy and Zsalman, reviewed Petitioner
allegations of error and injustice on
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
25 April 2002 and, pursuant to its regulations,
’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
C.
Petitioner was evaluated by a medical board on 7 August 1997, and was given
diagnoses of bipolar disorder, type I, most recent episode major depression; and alcohol
dependence, unspecified. The medical board report indicates that he was
“no longer
considered fit for full duty ”, and that he required continued mental health management and
treatment, to include medication and psychotherapy. On 9 October 1997, the Physical
Evaluation Board (PEB) made preliminary findings that he was unfit for duty because of the
bipolar disorder, which it rated at 10%.
1997, and he was discharged with entitlement to disability severance pay on 28 February
1998. He completed more than 16 years and 6 months of active duty service. He submitted
a claim for disability benefits to the Department of Veterans Affairs (VA) on I6 November
Petitioner accepted those findings on 24 November
1998. On 8 July 1998, the VA awarded him a 70% rating for his mental disorder, as well as
10% for a low back condition, 10% for tinnitus, and 0% for a scar, for a combined rating of
80%, effective from 1 March 1998. The ratings were based on a review of military records,
and the results of VA examinations conducted on 31 December 1998 and 5 January 1999.
Of particular note is the fact that he had not sought psychiatric treatment or medication since
his discharge from the Marine Corps, and that his condition had deteriorated since that time.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that in
view of Petitioner ’s continuous need for psychotherapy and psychotropic medication at the
time of his discharge, and that his symptoms were not completely controlled by medication, a
30% rating more accurately reflects the degree of impairment caused by his mental disorder,
Accordingly, and after resolving
than does the 10% rating he was assigned by the PEB.
doubt in Petitioner ’s favor, 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 not discharged from
the Marine Corps on 28 February 1998.
b. That Petitioner’s naval record be further corrected to show that the Secretary of the
Navy found him unfit to perform the duties of by reason of physical disability due to bipolar
disorder, type I, which was incurred while Petitioner was entitled to receive basic pay; that
the disability is not due to intentional misconduct or willful neglect, and was not incurred
during a period of unauthorized absence; that the disability is considered to be ratable at 30%
in accordance with the Standard Schedule for Rating Disabilities in use
Veterans Affairs at the time the Secretary found Petitioner unfit, Code Number: 9432
that accepted medical principles indicate the disability is of a permanent
the Secretary directed that Petitioner be permanently retired by reason of physical disability
effective 1 March 1998, pursuant to 10 U.S. Code 1201.
by the Department of
; and
nature, accordingly,
C. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
of the Board for correction of Naval Records (32 Code of Federal Regulations, 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.
=X- W. DEAN PFEIFFER
Executive Director
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