DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09069-07
1 August 2008
This is in eference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 July 2008. 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.
The Board found that you were discharged form the Navy on 1
March 2007 due to parasomnia, a sleep disorder which rendered
you unsuitable for deployment, but was not considered to be a
physical disability. You receive $15,773.09 in separation pay.
In a medical record entry dated 26 April 2007, a Department of
Veterans Affairs (VA) contract physician opined that you were
“mildly mentally disabled” by the parasomnia, and that you were
capable of working on a full-time basis “from a mental health
point of view”. On 2 August 2007, the VA granted your request
for service connection for parasomnia and iliotibial band
syndrome, right knee, and assigned disability ratings of 50% and
10% respectively.
Your receipt of substantial disability ratings from the VA does
not demonstrate that you were erroneously discharged from the
Navy. In this connection, the Board noted that the VA assigns
disability ratings because of the existence of conditions listed
in its schedule for rating disabilities, without regard to the
issue of fitness for military duty. As you have not
demonstrated that your sleep disorder or knee condition rendered
you unfit to reasonably perform the duties of your office,
grade, rank or rating by reason of physical disability, the
Board was unable to recommend corrective action in your case.
Accordingly, your application has been denied. The names and
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,
Executive Di
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