RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00166
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1) His character of service be corrected.
2) His rank/pay grade be corrected to reflect he was
an Airman/E-2.
3) His reentry code be corrected to allow him reentry.
4) His separation code be corrected to allow him reentry.
________________________________________________________________
APPLICANT CONTENDS THAT:
Entry level separations cannot be given if he served over
180 days in the service. He should have been promoted to E-2
after six months of service. He only had one occurrence of
sleepwalking and it has not come back.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 July 2009.
On 10 November 2009, he was diagnosed with a Sleepwalking
Disorder. On 6 January 2010, he was notified of his commanders
intent to separate him from the Air Force in accordance with
AFI 36-3208, Administrative Separation of Airmen, for conditions
that interfere with military service sleepwalking.
Specifically, while in basic training, the applicant disclosed
his history of sleepwalking. He also had episodes of
sleepwalking while in basic training and technical school. The
Staff Judge Advocate reviewed and noted an error in the dates
the applicant consulted with counsel. However, the case was
found legally sufficient. On 19 January 2010, the discharge
authority separated the applicant under the provisions of AFI
36-3208, Paragraph 5-11, with an entry level separation without
probation and rehabilitation. The applicant was discharged on
22 January 2010, and was credited with serving a total of
6 months and 9 days on active duty.
The DD Form 214 reflects his character of service as entry
level. His reentry code is listed as 2C (approved honorable
separation or entry level separation). His reason for
separation was left blank and his rank/ pay grade were listed as
Airman Basic (AB)/ E1, respectively.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the applicants DD
Form 214 incorrectly reflects the character of service and the
narrative reason for separation. The correct character of
service is uncharacterized and the correct narrative reason
for separation is conditions not a disability.
Uncharacterized service is appropriate in the applicants case
because the separation action was initiated within the first 180
days of continuous active service. The DD Form 214 lists the
correct separation code as JFV, which coincides with the
narrative reason: conditions, not a disability. Unless the
board directs otherwise, AFPC will administratively correct the
applicants character of service and his narrative reason for
separation.
DPSOS also notes this corrective action will not result in a
more favorable reenlistment condition that what is currently
listed on the applicants DD Form 214.
The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states RE code 2C is
required per AFI 36-2606, Reenlistments in the USAF, based on
his entry level separation with uncharacterized service. Errors
were noted on the DD Form 214 by DPSOS, however, they validated
the discharge processing was correct.
The complete DPSOA evaluation is at Exhibit D.
AFPC/DPSOE recommends denial. DPSOE states the applicant would
have met the 6 months time in grade eligibility for promotion as
of 14 January 2010. However, once the commander initiated
administrative separation action against the applicant on
6 January 2010, he became ineligible for promotion in accordance
with AFI 36-2502, table 1.1, Rule 14, Airman Promotion Program.
The complete DPSOE evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 13 May 2011, for review and comment within 30 days
(Exhibit F). As of this date, this office has received no
response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We are,
however, in agreement with the corrections to the applicants DD
Form 214 as noted by HQ AFPC/DPSOS with the understanding that
while the corrections may not be more advantageous to the
applicant, they are an accurate reflection of the applicants
service. Therefore, we agree with the opinion and
recommendation of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. In the absence of persuasive evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2011-00166 in Executive Session on 19 July 2011 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-00166 was considered:
Exhibit A. DD Form 149, dated 13 Sept 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 18 Mar 11.
Exhibit D. Letter, AFPC/DPSOA, dated 4 Apr 11.
Exhibit E. Letter, AFPC/DPSOE, dated 22 Apr 11.
Exhibit F. Letter, SAF/MRBR, dated 13 May 11.
Panel Chair
AF | BCMR | CY2011 | BC-2011-03186
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03186 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a 1 series code that would allow him to reenlist. DPSOS states airman are given entry...
AF | BCMR | CY2010 | BC 2010 02803
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02803 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Prior to his discharge, the applicant was provided a complete dental examination; however, all appropriate dental services and treatment were not provided by the Air Force within 90 days of his separation. Therefore, in order to preclude a...
AF | BCMR | CY2011 | BC-2011-04212
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states based on the documentation on file in the master personnel records the discharge to include the RE code and separation code was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. DPSOS found no evidence of an error or injustice in the processing of the applicants...
AF | BCMR | CY2010 | BC 2010 02685
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02685 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to allow him to reenter the Air National Guard (ANG). DPSOS states the Department of Defense...
AF | BCMR | CY2011 | BC-2010-04432
_________________________________________________________________ AIR FORCE EVALUATION: HQ AETC/SGPS recommends denial of the applicant’s request to change his character of service and RE code. However, barring evidence in the applicant’s enlistment documents the condition existed prior to his entrance on active duty. DPSOA states the applicant’s RE code 2C is required per AFI 36-2606, Reenlistments in the United States Air Force, chapter 3, based on his involuntary discharge with an...
AF | BCMR | CY2011 | BC-2011-01606
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01606 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial of the applicants request to change his RE code and narrative reason for separation. After reviewing the evidence of record,...
AF | BCMR | CY2011 | BC-2011-02875
On 16 Sep 82, the applicant was notified by the Director, Personnel/Administrative Services, that he was recommending his discharge from the Air Force for misconduct (specifically for drug abuse). The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibits C and D. ________________________________________________________________ THE AIR FORCE...
AF | BCMR | CY2011 | BC-2011-02724
On 08 February 2005, the applicant was notified of his commanders intent to discharge him for defective enlistment: fraudulent entry into military service. His service was uncharacterized and his narrative reason for separation was listed as Fraudulent Entry into Military Service. The remaining relevant facts pertaining to this application extracted from the applicants military personnel records are contained in the letters prepared by the appropriate offices of the Air Force...
AF | BCMR | CY2011 | BC-2011-05130
The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge warranting a change to his type of discharge or character of service. The complete AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 23 March 2012 for review and comment within 30 days. BY DIRECTION OF THE PANEL...
AF | BCMR | CY2011 | BC-2011-02716
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial, indicating there is no evidence of an error or injustice. The applicant did not provide any evidence that an error or injustice that occurred in the processing of his discharge...