Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-03216
Original file (BC-2004-03216.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03216
            INDEX CODE 110.02
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her 2003 separation program designator (SPD) code of KDF be changed so
she can qualify for Montgomery GI Bill (MGIB) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to separation  for  pregnancy,  she  believes  she  was  given  an
incorrect SPD code, which makes her ineligible to use  MGIB  benefits.
This is an injustice as she paid for these benefits  and  was  a  good
airman.  Other women who separated after less than 30  months  due  to
pregnancy were not denied their MGIB benefits.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 Dec 00  and  was
assigned to Hill AFB, UT, as  a  network  management  technician.   On
27 Dec 00, she signed DD Form 2366 indicating her  understanding  that
she was automatically enrolled in the MGIB, that she had  to  complete
36 months of active duty service before she was  entitled  to  current
monthly benefits for 36 months.  On 13 Apr 02,  she  was  promoted  to
airman first class  (A1C).   On  3 Feb  03,  the  applicant  requested
discharge from active duty effective on 1 May 03, under the provisions
of AFI 36-3208, para 3-17, pregnancy or childbirth.  Her  request  was
approved on 25 Feb 03.  Accordingly, after 2 years, 4  months  and  19
days of active service, she was honorably discharged on 1 May 03.  She
was issued a SPD code of KDF (Pregnancy or Childbirth).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT notes the Department of Veterans Affairs (DVA) may award
MGIB education benefits to individuals who leave active duty prior  to
the original separation date.  The benefit, if any, is  determined  by
the number of months served and the separation reason.  The DVA denied
the applicant’s request for  MGIB  benefits.   The  law  provides  for
benefits if an individual separates with less  than  a  full  term  of
service  for  hardship,   service-connected   disability,   disability
existing prior to entering active duty, physical or  mental  condition
that interferes with duty, or reduction in force.   Discharge  due  to
pregnancy or childbirth is a voluntary separation; therefore, a member
is required to serve 30 months for a three or  more  year  commitment.
Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPRS asserts that, based on the documentation on file in  the
applicant’s records, the discharge was consistent with the  procedural
and substantive requirements of the discharge  regulation  and  within
the discretion of the discharge authority.  As the applicant  presents
no facts warranting a change to her SPD code, denial is recommended.

A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 19 Nov 04 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 timely filed.

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  the  applicant’s  submission,  we  are  not
persuaded her SPD code should be changed to one that qualifies her for
MGIB benefits.  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.  On 3 Feb 03, she requested discharge from active duty  due  to
pregnancy and separated on 1 May 03 with less  than  a  full  term  of
service and less than 30 months of active duty.  The applicant has not
established to our satisfaction that her SPD  was  then,  or  is  now,
inaccurate or unjust.  We therefore agree with the recommendations  of
the Air Force and adopt the rationale expressed as the basis  for  our
decision that the applicant has not sustained  her  burden  of  having
suffered either an error or an injustice.  In view of  the  above  and
absent persuasive evidence to the contrary, we  conclude  her  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  this  application  in
Executive Session on 25 January 2005 under the provisions of  AFI  36-
2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Patrick C. Daugherty, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-03216 was considered:

   Exhibit A.  DD Form 149, dated 9 Oct 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 2 Nov 04.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Nov 04.
   Exhibit E.  Letter, SAF/MRBR, dated 19 Nov 04.





                                   RENEE M. COLLIER
                                   Acting Panel Chair

Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-03113

    Original file (BC-2006-03113.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03113 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 14 Apr 08 _________________________________________________________________ APPLICANT REQUESTS THAT: The separation program designator (SPD) be changed on her DD Form 214 so she will be eligible for Montgomery GI Bill (MGIB) benefits. ...

  • AF | BCMR | CY2003 | BC-2003-01124

    Original file (BC-2003-01124.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2003-01124 INDEX CODE 110.02 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her records reflect that she was discharged for the convenience of the government, not due to pregnancy, so she may be eligible for educational benefits under the Montgomery GI Bill (MGIB). (See Exhibit F.) On 13 Aug 02, the...

  • AF | BCMR | CY2006 | BC-2006-00078

    Original file (BC-2006-00078.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00078 INDEX CODE: 110.02 XXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 14 JUL 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, Item 15a, “Member contributed to Post-Vietnam Era Veterans’ Educational Assistance...

  • AF | BCMR | CY2003 | BC-2003-02741

    Original file (BC-2003-02741.DOC) Auto-classification: Denied

    She was honorably discharged on 22 Oct 02. The DVA awards MGIB benefits to service members who receive an honorable discharge and serve on active duty for three continuous years. An honorable reduction for one of the following reasons may result in a reduction of the required length of active duty: (1) convenience of the government; (2) disability; (3) hardship; (4) a medical condition existing before service (5) force reductions; or (6) physical or mental conditions which prevent...

  • 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.

  • AF | BCMR | CY2010 | BC-2010-04094

    Original file (BC-2010-04094.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04094 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation “Pregnancy or Childbirth” be changed to a medical discharge. On 20 Oct 11, in a corrected advisory, DPSOS further clarified their evaluation and stated since the applicant was not able to complete her service...

  • AF | BCMR | CY2005 | BC-2005-00066

    Original file (BC-2005-00066.doc) Auto-classification: Denied

    ___________________________________________________________________ APPLICANT CONTENDS THAT: His security forces commander assured him that he would have educational benefits under the (MGIB). They provided no recommendation. As of this date, no response has been received by this office (Exhibit D).

  • AF | BCMR | CY2006 | BC-2006-01175

    Original file (BC-2006-01175.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01175 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 OCTOBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed $900 for contributions paid on her Montgomery GI Bill (MGIB). The AFPC/JA evaluation is at Exhibit C. AFPC/DPPAT recommends denial. We took notice of the...

  • AF | BCMR | CY2004 | BC-2003-01674

    Original file (BC-2003-01674.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01674 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation and Separation Program Designator (SPD) code be changed from “Pregnancy” to “Medically Disqualified not for Cause.” _________________________________________________________________ APPLICANT...

  • 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.