Docket No. 179-20
Ref: Signature Date

 
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 7 April 2021.  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 and applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in BCNR letter Docket No: NR20200000179 of 8 Feb 2021 along with your response to the opinion. 
 
A review of your record shows that you entered the Navy in September 1990.  You were referred to mental health on 27 January 1991 due to adjustment issues and a history of sleepwalking (Somnambulism).  On 28 January 1991, you were diagnosed with an adjustment disorder, personality disorder, and sleepwalking disorder.  As a result, you were recommended for administrative separation for Somnambulism and notified of administrative processing for condition not a disability on 30 January 1991.  On 15 February 1991, you were discharged for condition not a disability.  A review of your DD Form 214 reveals that block 10 regarding SGLI coverage is not checked nor is block 20 completed on your desire to have your DD Form 214 sent to the Department of Veterans Affairs (VA). 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that Somnambulism is a disability condition since internet sources report that it is tied to a mental health condition.  You also argue that your DD Form 214 is incorrect since blocks 10 and 20 are not completed.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case, which ultimately concluded that you were discharged under appropriate Separation Authority per Navy regulations. 
 
SECNAVINST 1850.4B was in effect at the time of your discharge and lists conditions that were not considered ratable physical disability conditions.  Somnambulism was listed as a condition that is not considered a disability condition.  Based on this instruction and your Somnambulism diagnosis from 1991, the Board determined you were appropriately discharged for a condition not a disability.  The Board did not find your arguments for classifying Somnambulism as a qualifying disability condition under the Disability Evaluation System persuasive since Somnambulism was determined not to be a ratable condition by Department of Defense policy irrespective of the condition’s medical causes.   
 
Regarding your assertions of error to your DD Form 214 based on blocks 10 and 20, the Board determined these issues were moot and do not require correction.  The Board determined Block 10 is no longer applicable since you do not qualify for SGLI coverage.  Additionally, the Board determined Block 20 is no longer applicable since you state in your application that you received care from the VA.  Since you qualified for VA care, the Board concluded your DD Form 214 was already provided to the VA.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
You are entitled to have the Board reconsider its decision upon 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,