Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 01599-03
Original file (01599-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
 WASHINGTON DC 20370-5100
        
                                                                                          JRE
                                                       Docket No. 01599-03
                                                      25 August 2003



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 21 August 2003. 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. It also considered the comments provided by your counsel.
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 noted that you were discharged from the Navy on 31 May 1983 by reason of a personality disorder. The discharge was based, in part, on the results of a psychiatric evaluation you underwent on 25 February 1983 while stationed in the Philippine Islands. The report of that evaluation indicates that you faced stresses related to legal difficulties your husband was experiencing with civil authorities. You reacted to the stresses with extreme anger and homicidal threats. The psychiatrist noted that your insight was poor, and your judgment was considered impulsive and immature. There was no evidence of psychosis, suicidal ideation or organic impairment. The psychiatrist gave you diagnosis of Situational Disturbance, and Mixed Personality Disorder. He recommended that your command consider you for separation as unsuitable, especially if your maladaptive behavior and job deterioration continued. Your command initiated separation processing after you indicated that you felt that your lifestyle and that of your husband were incompatible with a career in the Navy, and that you wanted to be discharged at any cost so that you could rejoin your husband in the continental United States.

The Board was not persuaded that you were suffering from posttraumatic stress disorder at the time of your discharge, or that you were unfit for duty by reason of physical disability. It noted that although your record contains references to instances of sexual harassment, there is no indication in available records that you were sexually assaulted by another Sailor, or that you were raped by your husband. In addition, the record does not substantiate that you were suffering from any of the hallmark symptoms of posttraumatic stress disorder at that time. The fact that the Department of Veterans Affairs (VA) awarded you service connection and a substantial disability rating for posttraumatic stress disorder effective 4 August 1995 is not probative of the existence of error in your naval record. In this regard, the Board noted that the military departments assign disability ratings only in those cases where the service member has been found unfit for duty, whereas the VA rates all condition it classifies as “service connected”, i.e., incurred in, aggravated by, or traceable to a period of military service, without regard to the issue of fitness for military service. In addition, the VA may raise, lower, or add ratings throughout a veteran’s lifetime. Rating determinations made by the military departments, however, are fixed as of the date of separation or permanent retirement, and may not be amended without action by this Board.
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,

Similar Decisions

  • NAVY | BCNR | CY2009 | 04872-09

    Original file (04872-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2009. You were discharged under other than honorable conditions on 22 September 1988 by reason of misconduct-drug abuse. 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.

  • NAVY | BCNR | CY2001 | 02561-98

    Original file (02561-98.pdf) Auto-classification: Denied

    The fact that the Department of Veterans Affairs (VA) granted you service connection for post traumatic stress disorder in 1997, effective from 23 August 1994, was not considered probative of error or injustice in your naval record. prior to your discharge were related to a personality disorder, which is a condition not covered by the military disability evaluation system, rather than a physical disability. It appears likely that the diagnosis made with all information would be PTSD and...

  • NAVY | BCNR | CY2009 | 08797-09

    Original file (08797-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2010. Your receipt of a combined disability rating of 10% from the VA shortly after you were released from active duty is not probative of the existence of error or injustice in your naval record because those ratings were assigned without regard to the issue of your fitness for military duty on 25 June 1985. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2006 | 02099-06

    Original file (02099-06.rtf) Auto-classification: Denied

    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 on 23 April 2004, the Physical Evaluation Board (PEB) made preliminary...

  • NAVY | BCNR | CY2010 | 03820-10

    Original file (03820-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 05362-10

    Original file (05362-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 00764-10

    Original file (00764-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 December 2010. In the absence of evidence which demonstrates that you were unfit for duty by reason of physical disability at the time of your discharge, or that the diagnosis of a personality disorder was made in error, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record,...

  • NAVY | BCNR | CY2008 | 04982-08

    Original file (04982-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 09989-07

    Original file (09989-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 04018-08

    Original file (04018-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2009. The Board concluded that your receipt of substantial disability ratings from the VA effective the day after you were discharged from the Navy is not probative of the existence of error or injustice in your Navy record. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...