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NAVY | BCNR | CY2009 | 02481-09
Original file (02481-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
JRE

Docket No. 02481-09
14 April 2010

 

 

This ig 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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 April 2010. 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
'gupport 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.

You enlisted in the Navy on 22 May 1990. You underwent a pre-
separation physical examination on 18 December 1990, and were
found qualified for separation. You reported a history of
frequent trouble sleeping and depression or excessive worry
which you attributed to situational worry caused by your
impending administrative Gischarge. On January 1991, you were
discharged for the convenience of the government due to
sleepwalking, a condition not considered to be a disability
under the laws administered by. the Department of the Navy. The
Department of Veterans Affairs denied your request for service
connection for hypertension and sleepwalking on 4 June 1991.

In the absence of evidence which demonstrates that you were
unfit to reasonably perform the duties of your rate by reason of
physical disability, rather than unsuitable for service due to
sleepwalking, the Board was unable to recommend any corrective
action in your case. Accordingly, your application has been
denied. 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 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,

Lo Qa

W. DEAN PF
Executive restor

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