DEPARTMENT OF THE NAVY
BOARD
FORCORRECTIONOF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 5886-01
23 August 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552. You requested that your
reenlistment code of BE-4 (not eligible for reenlistment without prior approval of the Chief
of Naval Personnel) be changed. You contend that you faked sleepwalking to get out of the
Navy.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 22 August 2001. 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, 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 insufficient to establish the existence of probable material error or
injustice. In this connection, the Board found your naval record shows that you entered
active duty on 28 November 2000; that on 19 December 2000, the recruit mental health
psychology staff diagnosed you with a sleepwalking disorder; that you were discharged on
2 January 2001 by reason of erroneous entry as evidenced by a sleepwalking disorder; that
you had an entry level separation
(ELS), meaning that you were discharged within 180 days
of your entry on active duty; and that you were assigned the
BE-4 code, which is appropriate
for an
disorder. Further, they questioned your credibility, in view of your assertion that you faked
sleepwalking. In view of the above, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
ELS. They were unable to find that you did not actually have a sleepwalking
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,
W. DEAN PFEIFFER
Executive Director
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