DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5736-19  
Ref: Signature Date 
 
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 

1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to place him on the disability retirement list. 

2.  The Board, consisting of                                                        , reviewed Petitioner's 
allegations of error and injustice on 14 November 2019, 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, relevant portions of the 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 entered active duty with the Marine Corps on 29 January 1985.  On 16 March 1985, Petitioner began to act irrationally by refusing to train, violently throwing a lock at another Marine, and climbing a tree and refusing to come down.  He was eventually forcibly restrained and referred for medical care during which he was diagnosed with a preexisting schizophrenia.  Based on this diagnosis, Petitioner was recommended for administrative separation.  On 10 April 1985, Petitioner was notified of administrative separation processing for entry level performance and conduct.  He was subsequently discharged with an uncharacterized entry level separation.  Post-discharge, Petitioner continued to suffer from mental health issues and asserts he was assigned a combined 100% rating from the Department of Veterans Affairs. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial relief. Specifically, the Board determined that Petitioner’s deficient conduct and performance was related to his preexisting schizophrenia and his behavior was likely out of his control.  Therefore, they concluded Petitioner should have been processed for an erroneous enlistment or disability.  Based on the liberal consideration applied to the circumstances of his case, the Board concluded that his narrative reason for separation should be changed to reflect his preexisting disability condition vice entry level performance and conduct.  While the Board determined Petitioner should have been processed for his disability condition, they also concluded the preponderance of the evidence supports a finding that his schizophrenia preexisted his entry into the Marine Corps and was not aggravated by his brief active duty service beyond the natural progression of the condition.  The Board relied on two factors in making these findings.  First, they relied on the 9 April 1985 mental health evaluation that concluded his schizophrenia was a preexisting condition or “EPTE.” Second, the Board took into consideration Petitioner was on active duty less than two months before suffering a mental health breakdown due to his schizophrenia. In their opinion, it was more likely than not, that his schizophrenia existed prior to his entry into active duty based on how quickly his condition manifested while on active duty.  When these two factors are considered together, the Board was convinced that Petitioner’s schizophrenia was a preexisting condition.  Based on this finding, the Board concluded that Petitioner’s schizophrenia was unfitting but not a ratable condition under the Department of Navy disability evaluation system.  Therefore, they determined that he was not eligible for placement on the disability retirement list but eligible for a change to his narrative reason for separation to reflect his preexisting disability condition. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to Disability, Existed Prior to Service with corresponding changes to his separation and reentry codes consistent with the new narrative reason for separation.  Petitioner will be issued a new DD Form 214 reflecting the changes to his 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. 

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 Regulation, 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. 


11/18/2019