Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03426
Original file (BC-2003-03426.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03426
            INDEX CODE:  110.02

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, Section 23, Type of Separation, be changed from discharge  to
release from active duty.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She was led to believe she would be eligible  to  reenter  the  Air
Force.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  11  Feb  98  for  a
period of four years  in  the  grade  of  airman  basic.   She  was
promoted to the grade of airman first class with an effective  date
and date of rank of 11 Jun 99.

On 15 Jun 99, she was honorably discharged under the provisions  of
AFI 36-3208, by reason of pregnancy or childbirth, and  was  issued
an RE code of 3C [first term airman not yet  considered  under  the
Selective Reenlistment  Program  (SRP)].   She  was  credited  with
1 year, 4 months, and 5 days of active duty service.

On  12  Nov  03,  applicant’s  DD Form  214  was   administratively
corrected to  reflect  “68  Fighter  Squadron  (ACC)”  rather  than
“68 Fighter SQ” in  Item  8a,  “Basic  Military  Training,  6  wks,
May 98; Life Support, 5 wks, May 98,” rather than  “Basic  Military
Training, 6 wks, Jul 99, Life Support, 5 wks, May 99” in  Item  14,
and RE code “3A” (first term airman who separates before completing
36 months on current enlistment…) rather than “3C.”

___________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPPRS deferred their recommendation.  They found  that  the
discharge  was  consistent  with  the  procedural  and  substantive
requirements of the discharge regulation.  Additionally,  that  the
discharge  was  within  the  sound  discretion  of  the   discharge
authority.  They also noted that the applicant did not  submit  any
new evidence or identify any errors or injustices that occurred  in
the discharge processing.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant, now 24 years old, realizes she joined the Air Force  and
decided to leave for all the wrong reasons.  At this  time  in  her
life, her priorities have changed and she now believes she  can  be
the type of airman and future NCO who gives 110% all the time.

Applicant’s complete response 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 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.  In this  respect,
we note that the governing instruction in effect at the time of the
applicant’s discharge provided that members applying for  pregnancy
separation had the option to elect to be released from active  duty
and transferred to the Air Force Reserve or to be discharged.   The
applicant has not provided any evidence to show that she  requested
a release from active duty and transfer to the Air  Force  Reserve.
By her own statement, the applicant indicated that her husband  did
not want her in the military at all and when she got pregnant,  she
thought getting out of the military could help save  her  marriage.
In view of the foregoing, and without evidence to the contrary,  we
must assume that  the  applicant’s  discharge  was  proper  and  in
compliance with the governing instructions.  Accordingly,  we  find
no basis upon which to recommend favorable action on her request.

4.  Additionally, we note that the applicant’s assigned RE code  of
3A is a code that  can  be  waived  for  prior  service  enlistment
consideration,  provided  she  meets  all  other  requirements  for
enlistment under an existing prior service program,  and  depending
on the needs of the service.
___________________________________________________________________

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-2003-03426 in Executive Session on  18  March  2004,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Grover L. Dunn, Member
      Mr. Richard A. Peterson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRSP, dated 13 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.
    Exhibit E.  Letter, Applicant, dated 6 Feb 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair


Similar Decisions

  • AF | BCMR | CY1998 | 9800384

    Original file (9800384.doc) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit A. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her discharge from the Air Force should be changed to a release from active duty. The fact that she was honorably discharged rather than released should not, in and of itself, preclude her from future military service.

  • AF | BCMR | CY1999 | BC-1998-00384

    Original file (BC-1998-00384.doc) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit A. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her discharge from the Air Force should be changed to a release from active duty. The fact that she was honorably discharged rather than released should not, in and of itself, preclude her from future military service.

  • AF | BCMR | CY1999 | 9800384

    Original file (9800384.doc) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit A. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her discharge from the Air Force should be changed to a release from active duty. The fact that she was honorably discharged rather than released should not, in and of itself, preclude her from future military service.

  • AF | BCMR | CY2009 | BC-2008-01957

    Original file (BC-2008-01957.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01957 INDEX CODE: 111.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her separation and enlistment codes be changed to reflect a hardship due to pregnancy. ________________________________________________________________ APPLICANT CONTENDS THAT: Her separation and enlistment codes should...

  • AF | BCMR | CY2004 | BC-2003-03698

    Original file (BC-2003-03698.doc) Auto-classification: Approved

    She was given the option to remain in the Air Force or separate from active duty and re-enter the Air Force at a later date. Therefore, we recommend the RE code of 2C be changed to 3A, a code for first-term, nonprior service, females who enlisted into the Air Force and “it was later discovered they were pregnant before their enlistment,” and were immediately discharged. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military...

  • AF | BCMR | CY2000 | 9802421

    Original file (9802421.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: Applicant was discharged from active duty on 25 November 1996 after serving 1 month and 17 days of active duty and received an Entry Level Separation, Uncharacterized, with a narrative reason for separation of (Failed Medical/Physical Procurement Standards) and an RE Code of “3A.” RE 3A reflects: “First-term, nonprior service, females who enlisted into the Air Force and ‘it was later discovered they...

  • AF | BCMR | CY2003 | BC-2003-03173

    Original file (BC-2003-03173.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03173 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code be changed and that her Air Force Achievement Medal (AFAM) be added to her DD Form 214, Certificate of Discharge or Release from Active Duty. On 30 Aug 01, she was released from active duty...

  • AF | BCMR | CY2003 | BC-2002-03426

    Original file (BC-2002-03426.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03426 INDEX CODE: 112.05 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 4E be changed to a code that will enable him to reenlist and that his grade of senior airman (SrA/E-4) be reinstated. The applicant’s assigned RE code of 4E accurately reflects that he...

  • AF | BCMR | CY2008 | BC-2007-03941

    Original file (BC-2007-03941.doc) Auto-classification: Denied

    In a letter dated 17 Jan 08, the applicant was notified of a change to her RE code from 3A to 2Q (Personnel medically retired or discharged) and issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force and the BCMR Medical Consultant at Exhibits C, D and F,...

  • AF | BCMR | CY2003 | BC-2003-02228

    Original file (BC-2003-02228.doc) Auto-classification: Denied

    The applicant’s file does not contain an AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that her SPD code needs to be amended. Exhibit D. Letter, SAF/MRBR, dated 1 Aug 03.