DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 4848-13
15 April 2014
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.
The Board did not consider your request to change your reason
for discharge since your discharge is less than 15 years old.
You may apply to the Naval Discharge Review Board (NDRB) for a
possible change. I have included NDRB’s application for your
convenience.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 April 2014. 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 enlisted in the Navy on 30 July 2007.
On 24 June 2009, you were diagnosed with a sleepwalking
disorder. You were notified that you were being
administratively separated due your diagnosed condition with a
type warranted by service record characterization. On 2 October
2009, you received an honorable characterization of service due
to your diagnosed condition, and were assigned a waivable RE-3G
(condition, not a disability) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to serve in the armed forces. However, the Board
concluded that your reentry code should not be changed because
of your diagnosed sleepwalking disorder. 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.
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,
QD |
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2001 | 05886-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2001. Further, they questioned your credibility, in view of your assertion that you faked sleepwalking. 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.
NAVY | BCNR | CY2001 | 02935-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applic:able 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. At this time...
USMC | DRB | 2013_Marine | MD1300408
In August 2011, competent medical authority diagnosed the Applicant with sleepwalking disorder, and his command administratively processed him for separation due to Condition, Not a Disability. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for...
NAVY | DRB | 2007_Navy | ND0700163
The Board found that Discussion Issue1: either an Issue which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Board determined that the lack of documentation provided by the Applicant did not provide justification to upgrade the characterization of General (Under Honorable Conditions) to Honorable.Issue 3: ().The Board reviews the propriety and equity of an Applicant’s discharge...
NAVY | DRB | 2008_Navy | ND0800503
Therefore the Board found his uncharacterized characterization appropriate.The Applicant should be aware that, with respect to non-service-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial...
NAVY | DRB | 2006_Navy | ND0601119
Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20010606Reason for Discharge due to: PHYSICAL OR MENTAL CONDITIONSLeast Favorable Characterization: Date Applicant Responded to Notification: 20010606Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding Officer (date): (20010606)Separation Authority (date):COMMANDING OFFICER, NAVAL HOSPITAL CORPS SCHOOL (20010606)Narrative...
NAVY | DRB | 2001_Navy | ND01-00646
I was discharged in 92 for sleepwalking. I know that if you sleepwalk you will be discharged from the Navy. Documentation Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.
NAVY | DRB | 2011_Navy | ND1101062
Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements: From Applicant: From/To Representation: From/To Congress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
NAVY | BCNR | CY2013 | NR5410 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2014. 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. Finally, Sailors discharged by reason of a condition, not a disability would normally be assigned an RE-4 reentry code.
NAVY | DRB | 2001_Navy | ND01-00650
Pt will be referred to Legal for admin separation for a Sleepwalking Disorder. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (C and D).The Board carefully reviewed the applicant’s service record, issues, and additional documentation and found the applicant’s service warranted characterization as honorable. The applicant’s record had no adverse information, and the...