DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON DC 20370-5100
JRE
Docket No. 05703-03
14 October 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 9 October 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.
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 reenlisted in the Navy on 26 July 1968.
You were convicted by special court-martial on four occasions,
and had six periods of unauthorized absence and three periods of
confinement, for a total of 335 days time lost. You underwent a
pre-separation physical examination on 16 June 1970, and were
found qualified for discharge. You did not claim to be suffering
from any significant medical conditions at that time, and the
physician who conducted the examination did not note any
disqualifying conditions. You were discharged by reason of
unfitness/frequent incidents of a discreditable nature with
military authorities on 18 June 1970, with a general discharge.
.".I- -8ut thirty y!:tirs l d L I ~ L , a Itep(ir L r r ~ c l t l t Of V e t ~ l - a s Af I a l s ('JA)
mental health professional gave you a diagnosis of posttraumatic
stress disorder; however, the VA denied your claim for service
connection for that condition because of the absence of evidence
that confirmed your exposure to the reported traumatic events.
The Board rejected your unsubstantiated contention that you were
suffering from posttraumatic stress disorder during your final
enlistment in the Navy. It noted that you did not complain of
any of the hallmark symptoms of that disorder during your Navy
service, or for many years thereafter, and there is no
indication in your Navy record that you were suffering from a
significant mental disorder prior to your discharge. In
addition, the Board could not find any connection between your
alleged mental disorder, and the multiple acts of misconduct
that resulted in your general discharge by reason of unfitness.
In addition, it noted that you had a poor disciplinary record
during your first enlistment, prior to your exposure to any
traumatic events, to include multiple unauthorized absences and
nonjudicial punishments, and a conviction by special court-
martial of the robbery of a fellow Sailor.
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 burdon is on t h e qpplic?nt to d ~ m n n s t r 2 t e t h ~
existence of probable material error or injustice.
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There is no documentation of symptoms of depression, alcohol abuse, or any other psychiatric disorder. It is unlikely that symptoms of a post-traumatic stress disorder or major depressive disorder would have "caused or significantly contributed to the misconduct of record." In summary, it does not appear that this individual's diagnosed post-traumatic stress disorder and depressive disorder were symptomatic during his period of service.
NAVY | BCNR | CY2002 | 10290-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2003. I1 The Board noted that in order to qualify for disability separation or retirement from the Armed Forces, 5 service member must be unfit to perform the duties of the member's office, grade, rank or rating by reason of physical disak'ility. Consequently, when applying for a correction of iin official naval record, the burden is on the applicant to...
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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. Pursuant to reference (a) a review of enclosure (1) was conducted to form opinions about the subject petitioner's claims that he suffered fiom Post Traumatic Stress Disorder at the time of his service and that this was a significant contributing factor to the misconduct that lead to his discharge. The misconduct that...
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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...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 2009. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 6 November 1970 with an undesirable discharge. 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.
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