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 Program,” be changed to reflect “Yes” and
her narrative reason for separation “Pregnancy or Childbirth” be
changed to “Hardship” or “Medical conditions that interfere with
military service.”
___________________________________________________________________
APPLICANT CONTENDS THAT:
She paid $100 per month from Apr 00 – Mar 01 for the Montgomery GI
Bill (MGIB) for a total of $1200. Her narrative reason for
separation in Item 28 supports separation code of hardship, or
medical condition that interfered with her military duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 1 Mar 00, applicant enlisted in the Regular Air Force for a
period of four years in the grade of E-1 (airman basic). She was
progressively promoted to the grade of E-3 (airman first class)
with an effective date and date of rank of 1 Jul 01.
On 25 Jul 01, applicant voluntarily submitted a request for
separation under the provisions of AFI 36-3208, paragraph 3.17
(pregnancy or childbirth). On 26 Jul 01, the squadron commander
recommended approval of her request for separation. On 11 Sep 01,
the separation authority approved her request for separation with
an effective date of separation of 3 Oct 01.
On 3 Oct 01, applicant was honorably released from active duty and
transferred to the Air Force Reserve under the provisions of AFI 36-
3208, with a reason for separation of pregnancy or childbirth and a
corresponding Separation Program Designator (SPD) of “MDF.” She
was credited with 1 year, 7 months, and 3 days of active duty
service.
By letter, dated 6 Feb 06, HQ AFPC/DPPAT contacted the applicant to
clarify the information noted in block 15.a. of his DD Form 214 and
why “No” is marked. They stated that block 15.a. of the DD Form
214 pertains to individuals with Veterans’ Educational Assistance
Program (VEAP) benefits. As evidenced by the applicant’s DD Form
2366, Veterans’ Educational Assistance Act of 1984 (MGIB), she
elected to enroll in the MGIB. Therefore, this block does not
require correction.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS reviewed this application and recommended denial,
stating, in part, applicant voluntarily submitted a request for
separation under the provisions of AFI 36-3208, para 3.17
(pregnancy or childbirth). This is documented by an AF Form 31,
Airman’s Request for Early Separation/Separation Based on Change of
Service Obligation, dated 25 Jul 01.
Accordingly, applicant’s DD Form 214, shows she received an SPD of
“MDF” and the narrative reason for separation is pregnancy or
childbirth, which are correct.
They found based on the documentation on file in the master
personnel records, the separation was consistent with the
procedural and substantive requirements of the discharge
regulation. Additionally, that the separation was within the
discretion of the separation authority. They also noted that the
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the separation processing. The
Separation Program Designator and narrative reason for separation
are correct and no corrective action is required.
A complete copy of the Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 24 Feb 06 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 an error or an injustice. We took
notice of the applicant's complete submission in judging the merits
of the case. The applicant requests her reason for separation of
“pregnancy or childbirth” be changed along with the corresponding
separation code of “MDF.” However, we found no evidence which
would lead us to believe that the applicant's reason for separation
or separation code were in error or contrary to the governing Air
Force Instructions. We therefore agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt the rationale expressed as the basis for our decision
that the applicant has failed to sustain her burden that she has
suffered either an error or an injustice. In the absence of
persuasive 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 AFBCMR Docket Number
BC-2006-00078 in Executive Session on 6 April 2006, under the
provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. James L. Sommer, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 16 Feb 06.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 06.
JAMES W. RUSSELL III
Panel Chair
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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.
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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.
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.