DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 329-19 Ref: Signature Date Dear : This is in reference to your application of 10 November 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, 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. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 5 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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional dated 12 September 2019, which was previously provided to you. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 5 June 1995. On 10 June 1995, you were, evaluated by medical personnel for symptoms of chest pain. On 12 June 1995, you were, diagnosed with panic/anxiety disorder precipitated by stressors. On 14 June 1995, you were, recommended for separation from the Marine Corps due to a defective and fraudulent enlistment due to you diagnosed anxiety disorder. On 15 June 1995, you were notified of administrative discharge action due to your failure, upon enlistment, to divulge your preservice medical condition (panic/anxiety disorder), which would have affected you eligibility at time of enlistment. On 16 June 1995, the separation authority directed that you receive and uncharacterized entry-level separation (ELS) due to defective enlistment and induction­fraudulent enlistment for your diagnosed Panic/Anxiety Disorder. On 19 June 1995, you were discharged from the Marine Corps with an uncharacterized ELS. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to MilitaryBoards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge ReviewBoards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted you that you reported symptoms of chest pain and the “beginnings of a stroke” while you were doing physical training with your recruiter prior to enlistment. You were evaluated for these symptoms. The AO noted, that while in boot camp you were diagnosed with panic/anxiety disorder precipitated by stressors, such as drill sergeants yelling at recruits. The AO noted that you have not submitted any medical documentation of a diagnosis of PTSD or a mental health condition incurred as a result, of military service. The AO concluded that, based on the available evidence, there is insufficient evidence of PTSD incurred during your military service. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to upgrade your discharge. The Board also considered your assertions that there was no evidence that the condition exited prior to enlistment and that the disorder could and can be triggered by post-traumatic stress, which could be brought on by the condition associated with basic training, which was create to simulate extreme situations and conditions. The Board concluded these factors and assertions were not sufficient to warrant changing your narrative reason for your discharge or concluding that your injury occurred after your enlistment. Regarding your request for medical benefits, the Board concluded that your preservice medical condition (panic/anxiety disorder), and failure to divulge the condition during your enlistment process does not warrant the award of medical benefits. Further, the Board concurred with the AO’s statement that there is insufficient evidence of PTSD incurred during your military service. 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,