DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08664-0909
g June 2019
rection 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 3 June
2010. Your allegations of error and injustice were reviewed in ‘
applicable to the proceedings of this Board. Documentary material
considered by the poard consisted of your application, together with
all material submitted in suppert 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 snsufficient to
establish the existence of probable material error of jnjustice.
You served on active duty in the Navy from 20 August i991 to 2 dune
1995, when you released from active duty and transferred to the
Temporary Disability Retired List (TDRL), with a disability rating
of 40% for a gselzure disorder. you underwent a periodic examination
on 22 June 1996, and reported that 30 long as you took your prescribed
medication, you did not have any seizures Or jerking activity. On
1 October 1996 the Physical Evaluation Board (PEB) reviewed that
report of that examination and determined that you remained unfit |
for duty due to a seizure disorder, which was ratable at 20%. You
accepted those findings on 20 February 1997, and waived your right
to a formal hearing before the PEB. The findings were approved by
the President , PEB, on 18 March 1997, and you were discharged by
reason of physical disability with entitlement to severance pay:
re
In the absence of evidence which demonstrates that your release from
active duty and transfer to the TDRL 2 June 1995 was erroneous, there
ig no basis for correcting your DD Form 214 to show that you were
permanently retired by reason of physical disabilityon that date.
In addition, as you have not established that your seizure disorder
was ratable at 30% or higher when you were discharged by reason of
physical disability I n1997, there is no basis for correcting your
record to show that you were permanently retired upon the removal
of your name from the TDRL. 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,
eas
W. DEAN
Executive
NAVY | BCNR | CY2008 | 03527-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2009. In the absence of evidence which demonstrates that your disability was ratable at or above 30% disabling as of 12 May 2006, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 12280-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2009. In the absence of evidence which demonstrates that your condition was ratable at or above 30% disabling on the date of your discharge from the Navy, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 06626-02
Although the date of discharge is not shown in available records, Petitioner indicates she was discharged on 30 April 2000. e. In correspondence attached as enclosure (2), the Director, He pointed out that there is a VA Naval Council of Personnel Boards (NCPB) advised the Board, in effect, that the PEB made its findings on 5 January 2000, which was approximately nine months after the 9 April 1999 TDRL examination, rather than one year as claimed by Petitioner. That Petitioner's naval record...
AF | PDBR | CY2012 | PD-2012-00596
At that time the PEB determined her condition to be in remission, and adjudicated conversion disorder as permanently unfitting, rated 0% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Conversion Disorder Condition. The impairment for social and industrial adaptability due to the conversion disorder and personality disorder was considered to be “definite,” and for major depressive disorder, “mild.” She was discharged from the hospital on one...
ARMY | BCMR | CY2013 | 20130009918
On 3 August 1995, an informal PEB convened and found the applicant's condition prevented her from performing the duties required of her grade and military specialty and determined that she was physically unfit due to Major Depression, recurrent, treated, partially improved, manifested by depressed mood, tearfulness, insomnia, and suicidal ideation. The PEB considered her other conditions but found them not to be unfitting and therefore not rated. The PEB rated her Major Depression...
AF | PDBR | CY2013 | PD-2013-01909
The seizure condition, characterized as “PCS (partial complex seizures) with secondary generalization,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501 with no other conditions submitted by the MEB.ThePEB adjudicated “partial complex seizure disorder with secondary generalization,” rated 40%,citing criteria of the VA Schedule for Rating Disabilities (VASRD) and placed the CI on the Temporary Disability Retired List (TDRL) effective on 13 December 1998 to allow the...
ARMY | BCMR | CY2010 | 20100018886
After physical disability evaluation, on 16 November 2000, the applicant was separated from active duty because of permanent physical disability with a rating of zero percent (0%); c. Medical records clearly show the applicant was suffering from physical and mental disabilities, which made him unfit and unable to perform his military duties. On 7 November 1996, a medical evaluation board (MEBD) convened to assess the applicant's medical condition. The applicant and his counsel contend that...
ARMY | BCMR | CY2009 | 20090002079
In summary, the applicant states: a. that in 1993 and 1994, while on active duty, he suffered a generalized seizure, two grand mal seizures, and two strokes with hemorrhage; b. that Army personnel initially dismissed his symptoms; c. that his family, including his brother who is a medical doctor, took him to private medical doctors who addressed his symptoms and had him transferred to Walter Reed Army Medical Center (WRAMC); d. that the supervising doctor at WRAMC was unable to diagnose the...
AIR FORCE EVALUATION: - The AFBCMR Chief Medical Consultant reviewed this application and is of the opinion that no change In the records is warranted and the application should be d e n i m . *at Based on the medical evidence provided, the IPEB found her condition nad stabilized and recommended thar she be removed from the TDRL and permanently retired w i t h a 40% disability rating. Exhibit C. Letter, AFBCMR Medical Consultant, dated Exhibit D .
NAVY | BCNR | CY2001 | 04518-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. (a) which requested comments and a recommendation regarding Petitioner's request for correction of his On 4 June 1993, the Petitioner was discharged and placed on records. placed on the TDRL with a disability rating...