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
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