RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02842
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her pregnancy discharge be changed to a hardship discharge so she can
utilize her earned Montgomery GI Bill (MGIB) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She unexpectedly became pregnant and felt attending monthly Unit
Training Assemblies (UTA’s) and Annual Training events would be very
difficult given the travel requirements and the fact she was not
married. She discussed separation options with her unit personnel and
agreed that a hardship discharge would allow her to keep her MGIB
benefits while a pregnancy discharge would not. She was not aware she
was discharged for pregnancy until she was turned down for not
fulfilling her contract on applying for her benefits. She has served
her country and earned the benefits and was only a year away from
finishing her enlistment when she separated. She needs the benefits
to enable her to better herself through education. She would
appreciate the Board making the necessary change to her discharge.
In support of her appeal, the applicant has provided a personal
statement, and copies of her National Guard Bureau (NGB) Form 22,
Report of Separation and Record of Service, a separation order, an
honorable discharge certificate, and a DD Form 214, Certificate of
Release or Discharge from Active Duty.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is a prior service member of the US Air Force (USAF) with
two years, two months and five days of active service before
transferring to the Air National Guard (ANG) under the Palace Chase
program. She was a member of the Indiana Air National Guard (IN ANG)
from 7 December 1998 through 1 October 1999 when she was honorably
discharged as a senior airman (E-4) after serving nine months and
twenty-five days.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. After extensive research, DPPI states the
applicant falls under MGIB Chapter 30, Category 1, “Length of Active
Duty,” and subcategory “With 2 Years Active Duty.” Under said
category she would be eligible for MGIB benefits after serving
continuously for two years and receiving a hardship discharge from
active duty. While she met the two-year requirement, she did not meet
the hardship discharge from active duty. Her DD Form 214 shows the
type of separation as a “Release” with a narrative reason of
Intradepartmental Transfer. The separation code MGQ means Palace
Chase. Therefore she voluntarily separated from USAF and entered the
ANG. She was not discharged from active duty under a hardship
discharge and therefore does not meet MGIB requirements for receipt of
benefits.
DPPI’s complete evaluation, with attachments is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She was shocked at the information (from the ANG Advisory) regarding
MGIB Chapter 30, Category 1. She does not agree with the fact a
person released under a hardship after two years of active duty could
qualify for benefits but a person who continues to serve in a Reserve
component is not eligible for benefits that were paid for and earned.
She was never aware that leaving the Air Force under Palace Chase
would take away her MGIB benefits. She states it does not make any
sense. She believes there is an exception to every rule and asks the
Board to consider her two years of active service and continued
Reserve service as no less valuable than someone serving two years of
active duty and separating under hardship. She would not ask for
access to her benefits if they were something that would not greatly
help her qualify of life. Asking for her benefits is a little thing
in return for the time she gave her country as a dedicated member of
the Air Force. She knows for a fact she would not have knowingly done
anything that would have jeopardized her access to her MGIB benefit as
they were a major factor in her decision to serve in the first place.
She served her time to qualify for her benefits and is being denied
them simply because she chose to serve part time rather than not at
all which would have been the case had she been separated under
hardship from active duty. She asks the Board to please make an
exception in this case and allow her the use of her MGIB benefits.
Even half of a benefit, as a compromise, would be better than none.
She appreciates the Board’s time in this matter and awaits the final
decision with anticipation.
Applicant's complete submission is at Exhibit E.
_________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we find no evidence to indicate that her separation from the
Air Force was anything other than voluntary and in compliance with the
governing AFI. While we sympathize with her position, after
thoroughly reviewing the documentation that has been submitted in
support of her appeal, we find no evidence she has suffered from an
error or injustice. Therefore, based on the available evidence of
record, we find no basis upon which to favorably consider 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 AFBCMR Docket Number BC-
2003-02842 in Executive Session on 6 January 2004, under the
provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James W. Russell, III, Member
Mr. J. Dean Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 31 Oct 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 Nov 03.
Exhibit E. Letter, Applicant, dated 21 Nov.03.
PEGGY E. GORDON
Panel Chair
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