Docket No: 3912-18 
Ref: Signature date 

Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 3 July 2019.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 24 June 1958.  On 11 September 1958, you were the subject of an Aptitude Board after being referred to a Recruit Evaluation Unit because you were observed walking in your sleep.  A psychiatric evaluation revealed that you had a verified pre-service history of “somnambulism,” a condition, which made you “a hazard to [yourself] and to others.”  Your record also reveals that you marked “yes” on your 24 May 1958 enlistment physical in response to the question “have you ever been a sleep walker.”  Subsequently, you were notified of pending administrative separation by reason of unsuitability for military service due to somnambulism.  Your commanding officer approved your separation from the naval service and directed discharge with an under “honorable conditions” characterization of service by reason of unsuitability and, on 16 September 1958, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your contentions that you have no documentation of sleep walking since leaving the navy, and that 
you need three days added to your time served to be eligible for Veterans benefits.  The Board concluded that these factors were insufficient to warrant relief in your case.  In regard to your contentions, the Board noted that your in-service record notes both your admission to having been a sleepwalker prior to your induction, as well as your having been observed walking in your sleep during recruit training.  Regarding your contention concerning Veterans benefits, eligibility for post-service benefits is determined by the Department of Veterans Affairs (DVA).  There is no requirement or law that grants recharacterization of service, or of additional time served, solely on the issue of obtaining Veterans benefits.  Whether or not you are eligible for Veterans benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of DVA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the DVA.   
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 
8/30/2019
Executive Director