DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01985-06
24 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER} We REVIEW OF
NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Peti tioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that he was retired by reason of
physical disability.
2. The Board, consisting of Messrs. Ww. inn mp and
Me ceviewed Petitioner's allegations of error and injustice
on 19 July 2007, 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's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner underwent a pre-separation physical examination
on 30 October 2002, and was found physically qualified for
separation notwithstanding his history of a depressive disorder
and a paranoid personality. He stated that he was not depressed
at that time. He underwent a pension and compensation
examination under the auspices of the Department of Veterans
Affairs (VA) on 15 November 2002, and was given a diagnosis of
schizophrenia. He was discharged from the Navy on 19 January
2003, and assigned a reentry code of RE-4 to indicate that he was
not recommended for reenlistment. He completed 16 years, 1 month
and 16 days of service. On 16 April 2003, the VA awarded him
disability ratings of 70% for schizophrenia, paranoid type, and
depressive disorder with anxiety, a 20% rating for mechanical
back syndrome, 10% ratings for diabetes mellitus, hypertension,
bilateral wrist and knee conditions, and 0% ratings for several
other conditions. He was reevaluated by the VA on 23 September
20 January 2003. The diagnosis was changed to delusional disorder
claimed as schizophrenia, paranoid type and depressive disorder
with anxiety.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in view of the findings made by the Department of
Veterans Affairs in this case, and resolving reasonable dokkt in
Petitioner’s favor, the Board concludes that Petitioner was unfit
for duty by reason of physical disability on 19 January 2003,
because of the effects of a delusional disorder, and he should
have been released from active duty and transferred to the
Temporary Disability Retired List because of that condition,
rather than discharged by reason of completion of required
service. Accordingly, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected that he was
not discharged from the Navy on 19 January 2003.
b. That Petitioner’s record be further corrected to show
that he was released from active duty on 19 January 2003 and
transferred to the Temporary Disability Retired list the
following day pursuant to 10 U.S. Code 1202, with a disability
rating of 30% under Department of Veterans Affairs code 9208 for
a delusional disorder.
c. That Petitioner be accorded a periodic physical
examination as soon as is practicable. Current address:
d. That so much of his request for correction of his naval
record as exceed the foregoing be denied.
e. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
4. 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 . XIOS
Recorder cting Re€order
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.
lee of
W. DEAN PFE
Executive Direct&r
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