RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04070 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry code (RE) code of "2K" be changed to "1M" so he can reenlist. _________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his separation, the Air Force was downsizing in his career field. He was asked to either re-train to another Air Force Specialty Code (AFSC) or take an early separation. He chose to separate from the service under the Transition Assistance Management Program (TAMP). Applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 28 February 1986 and was progressively promoted to the grade of staff sergeant. On 16 June 1993, applicant was notified by his commander of his intent to recommend he be discharged from the Air Force under the provisions of AFR 39-10, Section B, para 5-11b, Administrative Separation of Airmen, Conditions that Interfere with Military Service, (Sleepwalking), with an honorable discharge. The specific reason for this action was that an Air Force Mental Health Evaluation determined the applicant suffered from somnambulism (sleepwalking disorder). The condition affected the applicant's ability to safely carry firearms and his ability to perform his duties. On 18 June 1993, the applicant acknowledged receipt of the notification of discharge and was advised of his rights to consult with legal counsel and submit statements in his own behalf. The base legal office determined the discharge was legally sufficient. On 12 July 1993, the discharge authority approved the separation and directed the applicant be discharged with an honorable discharge, without probation and rehabilitation. On 14 July 1993, the applicant was separated under the provisions of AFR 39-10, Section B, para 5-11b, Administrative Separation of Airmen, Conditions that Interfere with Military Service, (Sleepwalking), with an honorable discharge and a RE code of "2K" (Has been formally notified by the unit commander of initiation of involuntary separation action). He served 7 years, 4 months and 17 days of total active service. On 23 December 2008, AFPC/DPSOA administratively corrected the applicant's records to more accurately reflect his involuntarily, entry-level separation of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial and states that based on the documentation in the master personnel records, the discharge was consistent with procedural and substantive requirements of the discharge regulation. The discharge was within the discretion of the discharge authority. The applicant contends that he was separated under the TAMP; however, he was involuntarily discharged with severance pay. The complete AFPC/DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial of changing the applicant's RE code and states the "2C" is correct based on the applicant's involuntarily discharge with an honorable discharge. The complete AFPC/DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 June 2009 for review and comment within 30 days. 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 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. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his RE code should be changed. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility. In this regard, we note the applicant was involuntarily discharged from active duty due to a medical condition which interfered with his military service. The applicant has not established to our satisfaction that his RE code of “2C” (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service) was then, or is now, inaccurate or unjust. AFPC/DPSOA has taken corrective action to change the applicant’s RE code from “2K” to “2C” to accurately reflect his reenlistment status. We therefore agree with the recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision the applicant has not sustained his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we conclude his request should be denied. _________________________________________________________________ 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 AFBCMR Docket Number BC-2008-04070 in Executive Session on 1 July 2009, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2008-04070 was considered: Exhibit A. DD Form 149, dated 3 Nov 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 2 Apr 09. Exhibit D. Letter, AFPC/DPSOA, dated 15 May 09. Exhibit E. Letter, SAF/MRBR, dated 2 Jun 09.