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AF | BCMR | CY2009 | BC-2008-01957
Original file (BC-2008-01957.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01957
            INDEX CODE:  111.02
XXXXXXX                              COUNSEL:  NONE
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her separation and enlistment codes be changed to reflect a hardship due to
pregnancy.

________________________________________________________________

APPLICANT CONTENDS THAT:

Her separation and enlistment codes should reflect a hardship discharge for
pregnancy.  Updating these codes entitles her to Montgomery GI Bill  (MGIB)
benefits.  Out-processing personnel reassured her of  the  opportunity  for
reentry in the military and  to  attend  school  with  the  separation  and
enlistment codes she received.

In support of her request, applicant submits a copy of  her  DD  Form  214,
Certificate  of  Release  or  Discharge  from  Active  Duty  and  character
reference letters.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 11 August 1999, the applicant entered the Regular Air Force.

On 16 August 2001, she was honorably discharged with a separation  code  of
“KDF” which denotes “Pregnancy”.

The Air Force reviewed her records and determined her DD Form 214 reflected
an incorrect reentry (RE) code of “3C”.  HQ  AFPC/DPSOA  corrected  her  RE
code to reflect “3A” (First-term airman who separates before completing  36
months on current enlistment and has  no  known  disqualifying  factors  or
ineligibility conditions except grade, skill level, and insufficient  total
active federal military service.)

She served a total of two years and six months on active duty.

________________________________________________________________

AIR FORCE EVALUATION:


HQ AFPC/DPSOS recommends denial.  DPSOS  states  there  are  no  separation
codes for hardship due to pregnancy.   Members  are  either  separated  for
pregnancy or hardship.  On 26 June 2001, she was  approved  for  separation
effective 16 August 2001, for pregnancy.  There  is  no  evidence  she  was
assured her separation codes would  allow  her  to  reenter  the  military.
Based on the documentation on file in the  master  personnel  records,  the
discharge was consistent with the procedural and  substantive  requirements
of the discharge regulation.  The discharge was within  the  discretion  of
the discharge authority.  She did not submit any evidence or  identify  any
errors or injustices  that  occurred  in  the  discharge  processing.   She
provided no facts warranting a change to her separation code.


The complete DPSOS evaluation is at Exhibit C.

________________________________________________________________

A copy of the Air Force evaluation was forwarded to  the  applicant  on  26
September 2008 for review and comment within 30 days.   As  of  this  date,
this office has received no response (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 injustice  to  warrant  changing  the  applicant’s
separation and reentry codes.  We took notice of the  applicant’s  complete
submission in judging the merits of the case, however; we  agree  with  the
opinion  and  recommendation  of  the  Air   Force   offices   of   primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.  Therefore,
other than the administration correction  by  HQ  AFPC/DPSOA,  we  find  no
compelling  basis  to  recommend  granting  the  relief  sought   in   this
application.

_______________________________________________________________

RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of 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-
2008-01957 in Executive Session on 18 November 2008, under the provisions
of AFI 36-2603:

                 Mr.  Gregory A. Parker, Panel Chair
                 Mr.  Jeffery R. Shelton, Member
                 Ms.  Karen A. Holloman, Member

The following documentary evidence was considered:

 Exhibit A.  DD Form 149, dated 21 May 2008, w/atchs.
 Exhibit B.  Available Military Master Personnel Records.
 Exhibit C.  Letter, AFPC/DPSOS, dated 6 August 2008.
 Exhibit D.  Letter, SAF/MRBR, dated 26 September 2008.




            GREGORY A. PARKER
            Panel Chair

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