DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2499 Docket No. 6679-15 HAV 2 0 2016 This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 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 case on its merits. A three-member panel of the Board· for Correction of Naval Recorqs, sitting in executive session, considered your application on 8 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material consi dered by t he Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, r egulations and policies. A review of your record shows that you entered active duty with the Navy in June 2011. on 18 July 2011, you were diagnosed with panic disorde r after reporting the occurrence of three panic att acks. You also disclosed the occurrence of two panic attacks in the 18 mont hs prior to entering the Navy. As a r esult of your diagnosi s and disclosure of a pre-existing condition, you we r e discharged for erroneous entry and issued a RE-3E re-entry code. The Board carefully considered your arguments that you were improperly diagnosed with panic disorder and should receive a different narrative reason for separation and re-entry code. You provided a 2 February 2012 medical opinion that you do not suffer any disqualifying conditions and that t he panic disorder diagnosis was incorrect because it failed to exclude possible physical causations. You also contend that you never experienced any panic at tacks prior to ent ering active duty and you informed the Navy t hat you were out of breath due to physical exertion. Unfortunately, the Board did .not agree with your rationale for relief. The Board was not convinced that your diagnosis of panic disorder should be expunged from your record based solely on the 2012 medical opinion and your assertions that you never suffered from panic attacks. The medical diagnosis contained in your record appear s to be based on specific fact s you provided t o the medical provider. That specificity and your failure to question your separation led t he Board to conclude that you likely tol d the provider t hat you suffered panic attacks. So despite the fact you are no longer suffering from a panic disorder did not convince t he Board that you were not properly diagnosed in July 2011. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 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 i ts decision upon submission of new evidence within one yea~ from the date of the Board ' s decision. New evidence is evidence not previously considered by the Board prior to making.its decision in this case . 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 exist ence of probable material error or injustice . Sincerel y, Executive Direct