- DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03293-08
10 June 2009
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, in which you requested that
the diagnosis of your disability be changed from “schizophrenia”
to “PTSD”. ;
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 June 2009. 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
. errer or injustice. In this-regard;--the-Beard-found that you
were retired by reason of physical disability in 1970 because of
a duodenal ulcer and psychophysiologic gastrointestinal
disorder, which were rated under Veterans Administration (VA)
code 9502. Due to administrative error, the order which directed
your retirement listed VA code 9205, which pertains to
schizophrenia. Effective 1 October 1970, the VA rated your
condition under VA code 9400, as anxiety with associated
duodenal ulcer, Effective 4 October 1996, the VA rated your
condition as posttraumatic stress disorder under VA code 9411.
The Board concluded that you failed to demonstrate that the
condition which resulted in your retirement was misdiagnosed in
1970 as a psychophysiologic gastrointestinal disorder, rather
than posttraumatic stress disorder. In addition, it noted that
the diagnosis of posttraumatic stress disorder had not as yet
been established by the American Psychiatric Association and it
was not listed in the VA rating schedule until many years later.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
The President, Physical Evaluation Board will be requested to
administratively correct your record to show that you were
retired with a disability rating under VA code 9502 vice 9205.
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,
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