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NAVY | BCNR | CY2007 | 05402-07
Original file (05402-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100


JRE
Docket No. 05402-07
2 June 2008








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 30 May 2008. 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 enlisted in the Marine Corps on 13 August 1985. Almost immediately thereafter, you began to exhibit symptoms o~ what would ultimately be diagnosed as a severe mental disorder. You were hospitalized on 20 August 1985 with a diagnosis of a psychotic disorder. On 3 December 1985, a medical evaluation board (MEB) gave you a diagnosis of schizoaffective disorder, which existed prior to your enlistment and was not aggravated by your service in the Marine Corps. The MEB determined that you were unfit for retention in the service, and should be separated from the Marine Corps. In addition, it determined that you were mentally competent to handle your own financial affairs, and not dangerous to yourself or others. After being advised of the findings and recommendation of the MEB, you declined to submit matters in rebuttal thereto. You were discharged on 17 January 1986, with an entry level separation, by reason of physical disability existing prior to your entry in the Marine Corps. On 26 June 1986, the Veterans Administration (VA) denied your request for service connection for schizophrenia and schizoaffective disorder. On 29 March 2007, the VA


granted your request for service connection for schizophrenia, paranoid type, based on its finding that your condition “first manifested itself while on active duty”.

The Board was not persuaded that you were unfit for further service by reason of physical disability that was incurred in or aggravated by your brief period of service in the Marine Corps. In this regard, the Board concurred with the findings made by the MEB, which were based on your pre-service history, the observation of symptoms of a mental disorder almost immediately after you entered on active duty, and consideration of accepted medical principles. The contrary findings made by VA rating officials more that twenty years after you were discharged are not binding on the Department of the Navy or probative of the existence of error or injustice in your naval record. Accordingly, 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,




                           W.       DEAN PFEIFFER
         Executive Director


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