RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00657
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His uncharacterized discharge be changed to honorable.
APPLICANT CONTENDS THAT:
He entered the United States Air Force to serve his country and
was disqualified during his initial training due to sleepwalking.
He did not recognize the uncharacterized status was unacceptable
for employment purposes until now and asks for the Boards
understanding for the delay in requesting a change.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 4 Jan 11, the applicant initially entered the Regular Air
Force.
On 10 Jan 11, he was referred to the Behavioral Analysis Service
(BAS) and endorsed a disqualifying history of sleepwalking
compounded by thoughts pertaining to self-harm that emerged during
training. He self-reported sleepwalking once a week since
childhood and indicated he was not asked about sleepwalking by his
recruiter or at the Military Entrance Processing Station (MEPS).
He also indicated he thought about suicide by cutting his wrist
during training but denied any current thoughts of suicide. The
Staff Psychology Provider diagnosed him with Axis I: Adjustment
Disorder with Depressed Mood; EPTS Sleepwalking. Because of these
diagnoses, the applicant did not meet retention standards for
continued military service. He acknowledged the findings and
conclusions as accurate.
On 13 Jan 11, he provided a written statement indicating he was
never asked about sleep walking at the MEPS or by the recruiter.
He also indicated he was guessing at the number of times he did so
and could recall only one certain incident. He also stated
everyone in his family sleep walks and that he would never lie to
the military.
On 18 Jan 11, his commander notified him he was recommending he be
discharged under the provisions of AFPD 36-32, Military
Retirements and Separations, and AFI 36-3208, Administrative
Separation of Airmen, for Fraudulent Enlistment. The specific
reason for this action is the applicant failed to document his
history of sleepwalking on the DD Form 2807-2, Medical Prescreen
of Medical History Report. Had he documented it, the Air Force
would have rendered him ineligible for enlistment. He
acknowledged receipt of the notification memorandum that day,
waiving his rights to counsel and declining to submit statements
on his own behalf.
On 21 Jan 11, the applicant received an uncharacterized discharge.
He was credited with 18 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of an
error or an injustice. The Staff Psychology Provider memorandum
dated 10 Jan 11 shows he self-reported a history of sleepwalking
and his DD Form 2807-2 is clearly marked no in response to the
question on sleepwalking. Therefore, fraudulent enlistment is the
correct basis for the discharge. The Separation Program
Designator (SPD) code and narrative reason for separation are
correct and in accordance with Department of Defense (DoD) and Air
Force Instructions. Airmen are given an entry-level
separation/uncharacterized service characterization when
separation is initiated in the first 180 days continuous active
service. The DoD determined if a member served less than 180 days
of continuous active service, it would be unfair to the member and
the service to characterize their limited service. Therefore, the
entry level separation and uncharacterized character of service
are correct and IAW DoD and Air Force instructions.
The complete DPSOR evaluation is at Exhibit C.
AETC/SGPS recommends denial indicating the separation was done in
accordance with established policy and administrative procedures.
Review of the applicants records and medical notes show he
admitted to sleepwalking at least once a week since childhood and
checked No on his DD Form 2807-2 section 2, question 4,
regarding sleepwalking. Since he knew he had the condition and
still checked no on his history form, they do not support his
request.
The complete SGPS evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation(s) were forwarded to the
applicant on 25 Apr 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and recommendations
of the Air Force office 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. Therefore, in the
absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00657 was considered:
Exhibit A. DD Form 149, dated 10 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 31 Mar 14.
Exhibit D. Memorandum, AETC/SGPS, dated 19 Mar 14.
Exhibit E. Letter, SAF/MRBR, dated 25 Apr 14.
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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