DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No: 8042-15 HAY 2 0 2016 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
Subj: REVIEW OF NAVAL RECORD ICO 


Ref: (a) Title 10 u.s.c. 1552 
Encl: (1) DD Form 149 w/attachments 
(2) Subject's naval record 

1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to be placed on the Permanent Disability Retirement List. 

2. The Board,  reviewed Petitioner's allegations of error and injustice on 6 May 2016 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. 
3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 
a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b. The Navy failed to conduct a sleep study of Petitioner's condition despite ordering one in 2009 and 2010. 

c. Non judicial punishment was imposed on the Petitioner and his NEC was removed as a result. Petitioner requested a rate conversion but was denied by the Navy. Petitioner requests and is granted an early release from his enlistment on 30 September 2011. 

d. In August 2012, Petition undergoes a sleep study with the Department of Veterans Affairs. He is diagnosed with narcolepsy and issued a 40% disability rating. Petitioner provides statements from co-workers who substantiate Petitioner's claim that he would randomly fall asleep and was constantly exhausted. 

CONCLU~ION 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action. The Board determined that the Navy failed to properly diagnose Petitioner's narcolepsy condition that may have been unfitting for continued naval service. Based on the Department of Veterans Affairs sleep study and di agnosis, the Board concluded Petitioner should have been referred to a medical board and the Physical Eval uation Board (PEB) for an unfitting determination. The Board concluded the PEB should review Petitioner's medical record, including his Department of Veterans Affairs Compensation and Pension examination records, to determine whether he would. have been unfit for continued naval service prior to his discharge. If he was unfit, the PEB should issue an appropriate disability rating consistent with regulations. 

RECOMMENDATION : 
That Petitioner ' s naval record be corrected, where appropriate, to show that: 
a. Petitioner was referred by a medical board to the PEB for Narcolepsy and his case was accepted by the PEB prior to his discharge . 

b. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 


4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete r ecord of t he Board's proceedings in the above e 

5. Pursua nt to the delegation of autho 	Section 6(e) of 	the rev~sed Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its pr9visions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 

Executive Director 
2