RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00717

INDEX CODE: A35.00

XXXXXXX COUNSEL: NONE

HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

The narrative reason for separation be changed from “Miscellaneous Reasons” to “Hardship Discharge.”

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APPLICANT CONTENDS THAT:

Her request for hardship discharge, due to her grandmother’s failing health, was originally granted, but unbeknownst to her it was processed for miscellaneous reasons. Being that she thought her resignation was approved as a hardship discharge, she departed when her grandmother expired without the benefit of counsel.

Department of Veterans Affairs (DVA) Health benefits were approved and she was receiving treatment in November and December 2008, only to be later denied care. She has surgery pending reinstatement of her benefits.

In support of her request, the applicant provides a copy of her original request for a hardship discharge (undated) and a letter from the DVA Regional Medical Center regarding a 31 Dec 08 appointment.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military records indicate she was appointed as a first lieutenant (0-2) on 7 Sep 90 via direct commission, commencing a four-year extended active duty tour on 7 Oct 90 as a Clinical Nurse.

On 20 Feb 92, the applicant initiated a request for a hardship discharge, citing the failing health of her maternal grandmother and the acute financial strain her care placed on the applicant and her family. The applicant contended her release from active duty would serve to alleviate the financial and emotional strain by allowing her to employ her professional nursing skills in her grandmother’s care.

On 17 Apr 92, the Secretary of the Air Force (SECAF) declined the applicant’s resignation under the provisions for hardship, but approved her resignation under the provisions for miscellaneous reasons, directing the discharge be effective as soon as possible.

On 1 May 92, the applicant was discharged from all appointments in the Air Force with an Honorable character of service. Her DD Form 214 indicates “Voluntary Resignation: Miscellaneous Reasons” as the reason for her discharge. She was credited with 1 year, 6 months and 22 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial, indicating there is no evidence of an error or injustice. The OPR notes the evidence in the applicant’s military records is insufficient to determine the exact facts and circumstances surrounding her discharge. However, the presumption of regularity in government affairs, combined with the fact the applicant did not provide any evidence to substantiate her request, lead them to conclude the applicant was afforded due process and the action was procedurally and substantively consistent with the requirements of the discharge regulation.

The regulation indicates that officers may request hardship separation when active duty causes extraordinary personal or family hardship. However, if the SECAF determines the officer’s request does not meet the criteria of a hardship discharge, SECAF may still approve resignation for miscellaneous reasons. The OPR notes the applicant signed her DD Form 214, indicating that she was aware of the narrative reason of her discharge and thus concurred.

A complete copy of the DPSOS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 2 Jul 09 for comment within 30 days. As of this date, no response has been received by this office (Exhibit D).

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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 error or injustice warranting a change to the applicant’s narrative reason for discharge. 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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Based on the available evidence of record, it appears the applicant’s discharge for miscellaneous reasons, resulting from her voluntary resignation, was consistent with the substantive requirements of the discharge instruction and within the SECAF’s discretionary authority. The applicant has provided no evidence which would lead us to believe the information contained in the discharge case file is erroneous, that she was not afforded all the rights to which she was entitled, or that there was an abuse of discretionary authority. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00717 in Executive Session on 23 Sep 09, under the provisions of AFI 36-2603:

Mr. Anthony P. Reardon, Panel Chair

Ms. Janet I. Hassan, Member

Mr. Mark J. Novitski, Member

The following documentary evidence for AFBCMR Docket Number BC-2009-00717 was considered:

Exhibit A. DD Form 149, dated 1 Feb 09, w/atchs.

Exhibit B. Applicant's Master Personnel Records.

Exhibit C. Letter, AFPC/DPSOS, dated 24 Jun 09.

Exhibit D. Letter, SAF/MRBR, dated 2 Jul 09.

ANTHONY P. REARDON

Panel Chair