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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