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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 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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