DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

JRE
Docket No: 7687-00
12 August 2002

From:
To:

Subj:

Ref:

Encl :

Chairman, Board for Correction of Naval Records
Secretary of the Navy

FORMER
REVIEW OF NAVAL RECORD

(4

(1)
(2)
(3)

10 

U.S.C. 1552

DD Form 149
Dir, NCPB  
ltr 5220  
Subject’s naval record

Ser:02-01, 8 Jan 02

1.
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to
show that he was retired, vice discharged with for the convenience of the government.

2. The Board, consisting of Ms. Moidel and Messrs. Carlsen and Morgan, reviewed
Petitioner’s allegations of error and injustice on 18 April 2002 and, pursuant to its
regulations, 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.

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. On 12 July 1999, a psychologist completed portions of an Abbreviated Medical

Board Report, and gave Petitioner diagnoses of 
“MAJOR DEPRESSIVE DISORDER,
SINGLE, MOD”  and 
“r/o PTSD ”. The psychologist noted that Subject had symptoms
consistent with the diagnosis of major depression, to include depressed mood, decreased
motivation, sleep disturbance, significant weight loss, and poor concentration. The treatment
plan included  “Intensive psychotherapy; 
was recommended that he  
January 2000 for reevaluation and to discuss his 
Petitioner indicated that he wanted to be discharged from the Navy, and he continued to

beplaced on limited duty for 8 months. He was seen on 10

0CIP:Psychopharmacology c TX (illegible)“, and it

“lack of engagement ” in treatment options.

  was given diagnoses of

It was noted that he had many difficulties in his childhood and

he continued to display depressive symptoms at that time. He
depressive disorder, not otherwise specified, in the context of occupational dissatisfaction, and
personality disorder with passive aggressive and obsessive compulsive traits. He was to be
‘I.. .as he has refused to
returned to  “active duty ”, and was considered psychologically fit  
engage in T X that would assist in alleviating his depression. ” In a memorandum dated 14
March 2000, an Army psychiatrist reported that evaluation of Subject revealed a long
standing problem dealing with authority figures.
continue his naval career.
developed an obsessive-compulsive personality disorder. He had difficulty making everyday
decisions, expressing disagreement with others, and initiating projects and doing things on his
own because of a lack of self-confidence in his judgment and abilities.
diagnosis on Axis I.
on Axis II. His global assessment of functioning (GAF) score was listed as at 55, which is
indicative of significant impairment. The psychiatrist recommended that Petitioner be
expeditiously discharged administratively because of the personality disorder, which rendered
him unsuitable for service. He was discharged by reason of the personality disorder on 24
March 2000, after waiving his right to appear before an administrative discharge board to
contest his separation. He completed 16 years, 8 months and 27 days of active service. On
13 May 2000, the Department of Veterans Affairs awarded him service connection and a
70% evaluation for  “post traumatic stress disorder with bipolar disorder and obsessive
compulsive disorder. 
effective 25 March 2000.

He was given a diagnosis of obsessive-compulsive personality disorder

In addition, he was granted entitlement to individual unemployability

Reportedly, he was no longer motivated to

He was given no

”

C.

In correspondence attached as enclosure  

(2), the Director, Naval Council of
Personnel Boards, advised the Board in effect, that Petitioner apparently suffered from
variable post traumatic stress disorder symptomatology since having survived an abusive
childhood. Despite that struggle, he appeared to have done extraordinarily well in his career
in the Navy until he was promoted to chief petty officer.
Petitioner believes his subsequent
decline in performance and eventual lack of motivation for his work, treatment and retirement
benefits was a result of his condition. The Director noted, however, that the available
records are insufficient to support is request for disability retirement; however, he
recommended that Petitioner resubmit his request with further medical documentation, to
include the hospital summary and chart for his May 1999 psychiatric hospitalization, all
records of medical and psychiatric care received since is discharge, a current psychiatric
evaluation, a post discharge work history  

, and an accounting of his daily activities.

d. The staff of the Board forwarded a copy of enclosure (2) to Petitioner for his

information and response. To date, he has not responded.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board notes that Petitioner
had an excellent career in the Navy for many years, that his decline in performance may have
been related to the effects of a significant mental disorder which was separate from the
diagnosed personality disorder.
disorder, given his excellent record of service over a sustained period of time during his

It questions whether he actually suffered from a personality

naval career. The Board notes that another possible result of
decision to not contest his proposed discharge, thereby forfeiting the opportunity to of
remaining on active duty and ultimately qualifying for transfer to the Fleet Reserve, with
entitlement to retainer pay. Given those factors, and after resolving doubt in his favor, the
Board concludes that it would be in the interest of justice in this case, as an exception to
policy, to correct his record to show that he was transferred to the Fleet Reserve effective 1
April 2000, pursuant to the Temporary Early Retirement Authority.

  his mental disorder was his

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that he was not discharged on 24

march 2000.

b. That Petitioner’s naval record be further corrected to show that he was released from
active duty on 31 March 2000, and transferred to the Fleet Reserve on 1 April 2000, pursuant
to the Temporary Early Retirement Authority.

C. That a copy of this Report of Proceedings be tiled 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

5.
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures 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.