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AF | BCMR | CY2004 | BC-2004-00326
Original file (BC-2004-00326.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00326
            INDEX NUMBER:  136.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her discharge from the Air Force be changed to retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In her quest to become pregnant and have a family, with over 19  years
of service, she elected to take the Special Separation  Benefit  (SSB)
in order to pay for medical procedures she could  not  obtain  in  the
military.

The medical procedures she underwent were unsuccessful in helping  her
to become a mother and led to medical complications that have left her
disabled and unable to work.

She believes that given the number of years  she  served  in  the  Air
Force, she should enjoy the benefits that her peers now enjoy.  She is
not seeking any money or retirement check.

In support of her request, applicant provides copies of  her  military
service  record  and  copies  of  favorable  communications  from  her
employment with the Department of Veterans Affairs (DVA).

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the  Air  Force  on  29  Jun  73.
Sometime in the 1991/92 timeframe the applicant applied  for  and  was
approved for the Special Separation Benefit.  On 10 Jun 92, she signed
the agreement, which stipulated that in return for separation  pay  in
the amount of $60,846.80, she agreed to separate from active duty  and
accept an enlistment in the Ready Reserve for a period of three  years
beyond any existing service obligation.  The  agreement  also  spelled
out other conditions to which the applicant agreed.  On 10 Jul 92, the
applicant was released from active duty with service characterized  as
honorable and a “3S” Reenlistment Eligibility  code,  “Separated  with
Special Separation Benefit.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  Based on the
documentation  in  the  applicant’s   master   personnel   file,   she
voluntarily applied to separate from the  Air  Force  to  receive  the
Special Separation Benefit being offered at that time.   Although  the
applicant seems to regret her decision to accept the SSB, she has  not
provided any evidence of an error or injustice.

The complete evaluation is at Exhibit C.

AFPC/DPPRRP recommends denial of the  applicant’s  request.   With  19
years and 12 days  of  total  active  federal  military  service,  the
applicant could have requested retirement, since she  was  within  one
year of having 20 years of service.  However, she chose to  apply  for
separation under the SSB program.  The applicant  indicates  that  her
supervisors and commander warned her that her decision to  accept  the
SSB was a huge trade-off and that she might regret her decision.   The
applicant voluntarily chose to be separated under the SSB program.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 Apr 04 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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 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.   Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  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-2004-
00326 in Executive Session on 24 June 2004, under  the  provisions  of
AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 7 Apr 04.
    Exhibit D.  Memorandum, AFPC/DPPRRP, dated 7 Apr 04.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Apr 04.




                                   LAURENCE M. GRONER
                                   Panel Chair


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