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 applicant’s 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 commander’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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