Docket No. 430-19 
Ref: Signature Date 


This is in reference to your application of 4 December 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 7 May 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 23 March 2020 and Director CORB letter 1910 CORB: 001 of 31 March 2020 along with your response to the opinions. 

A review of your record shows that you entered active duty with the Marine Corps on 9 December 2008.  You served without incident until suffering an electrocution incident in May 2011 while in Okinawa.  You were medically evacuated and hospitalized on eight separate occasions between May and September 2011 for treatment of psychotic symptoms.  On 21 November 2011, a medical board referred you to the Physical Evaluation Board (PEB) for Psychotic Disorder.  You were found unfit for continued naval service by the PEB on 9 March 2012 for your Psychotic Disorder and assigned a 50% disability rating.  After accepting the PEB findings, you were placed on the Temporary Disability Retirement List (TDRL) on 30 June 2012.  In 2017, you were discharged from the Marine Corps with severance pay after being found unfit for continued naval service by the PEB with a 10% disability rating.  You provided evidence from your mental health provider from November 2018 indicating her opinion that your psychotic disorder was due to anti-malaria medication administered in 2011 and you only presented with symptoms of depression and anxiety. 

The Board carefully considered your arguments that you deserve to have your PEB findings changed to fit for active duty with associated changes to your DD Form 214, service credit for the remainder of your enlistment, promotion to E-5, back pay, and removal of your psychiatric diagnosis from your record. You assert that your symptoms were due to being prescribed mefloquine and erroneously diagnosed as a psychotic disorder.  You also argue that you were denied due process during the Disability Evaluation System process because you were not assigned a case worker.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 23 March 2020 and Director CORB letter 1910 CORB: 001 of 31 March 2020.  Specifically, the Board found that the preponderance of the evidence supports your PEB findings.  First, the Board determined that the evidence does not support your assertion that your psychotic disorder symptoms were the result of you taking mefloquine.  The Board found no evidence in your record documenting that you were given the medication and, as pointed out in the advisory opinion, the protocols for prescribing mefloquine had changed in 2009 restricting its distribution to individuals with contraindications to doxycycline.  As a result of the policy change, prescriptions of mefloquine consisted of only 4% of the anti-malaria prescriptions by 2011.  Based on these facts, the Board found it unlikely that you were given mefloquine.  Second, the Board concluded the 2012 PEB findings are supported by the medical evidence in your record.  As previously discussed, you were hospitalized multiple times for psychotic symptoms prior to your placement on the TDRL.  Your symptoms were impairing enough to merit the assignment of a 50% disability rating and prevented you from performing the duties of your office, grade, rank or rating.  Based on this evidence, the Board determined you were appropriately found unfit for continued naval service by the PEB in March 2012 for Psychotic Disorder and your diagnosis should remain in your record.  Third, the Board concluded that the medical evidence supports the PEB finding in 2017.  Your 2018 medical provider letter documents that you were being treated for depression and anxiety symptoms in December 2017, approximately seven months after you were found unfit for continued naval service by the PEB and discharged from the Marine Corps.  In the Board’s opinion, despite your arguments that your mental health symptoms were episodic, your mental health symptoms continued well after your discharge from the Marine Corps and was strong evidence that the 2017 PEB finding in your case was correct.  The Board considered that you were suffering depression and anxiety symptoms related your new academic environment and determined that those symptoms, more likely than not, would also manifest in a stressful military environment.  As a result, in addition to supporting the 2017 PEB findings, they did not find it appropriate to change your reentry code.  Finally, the Board found that you were not denied due process during the DES processing of your case.  The Board relied upon your 3 April 2012 acceptance of PEB findings in which you acknowledge receiving appropriate counselling and right to counsel.  The acknowledgment was also signed by your PEB Liaison Officer.  Based on this evidence, the Board concluded you were afforded the necessary due process required by the disability regulations.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,