DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
JRE
WASHINGTON DG 20370-5100
Docket No. 04832-09
9 March 2010
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 March 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
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
ingufficient to establish the existence of probable material
error or injustice. In this regard, the Board found that all
veterans who require the use of a continuous positive airway
pressure (CPAP} device to treat obstructive sleep apnea (OSA) at
the time of separation are entitled to a Department of Veterans
Affairs (VA) disability rating of 50%. That rating is assigned
without regard to the issue of fitness for military duty. As
you were found fit for duty following a period of limited duty
with a diagnosis of OSA, and you have not demonstrated that you
had become unfit for duty as of 14 May 2009, there is no basis
for granting your request for disability separation or
retirement. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request. ,
The Board requested that you be advised that you have the right
to request correction of your record to show that you were
retained on active duty rather than separated by reason of a
condition not a disability on 14 May 2009.
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,
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