RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04094 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her narrative reason for separation “Pregnancy or Childbirth” be 
changed to a medical discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was not discharged because she was pregnant, but because she 
had a major illness that complicated her child’s life and did not 
allow her to perform her duties. 

 

She applied under the Fiscal Year 2004 (FY04) Force Shaping 
Program to change her date of separation (DOS) from 3 Aug 05 to 
1 Apr 05. She separated on 7 Jan 05 due to an illness. She 
cannot locate any records pertaining to her reason for 
separation, but she does have medical records that refer to an 
illness during that time period. 

 

She filed a military compensation claim for diabetes. 

 

In support of her request, the applicant provides copies of an AF 
IMT 31, Airman’s Request for Early Separation/Separation Based on 
Change in Service Obligation, and Personal Data – Separation 
Approval Sheet. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served on active duty from 4 Aug 99 to 7 Jan 05. 

 

On 14 Jun 04, the applicant applied for separation under the 
Limited Active Duty Service Commitment (LADSC) Waiver Program. 

 

On 9 Jul 04, AFPC/DPPRSS approved the applicant’s request for a 
date of separation of 1 April 05. 

 

The FY04 Force Shaping Program was announced by the HQ USAF/DP 
032039Z Feb 04 message and was developed to assist the Air Force 
in meeting end strength requirements and to properly shape the 
force. Per MPFM 04-35, the Limited Active Duty Service 
Commitment (LADSC) Waiver Program allowed officers and enlisted 
personnel to either retire or separate prior to completing 


specified ADSC’s or service commitments inclusive of normal date 
of separation/expiration of term of service (DOS/ETS). 

 

Additional relevant facts pertaining to this application are 
contained in the evaluation prepared by the appropriate office of 
the Air Force found at Exhibits C & E. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS provided two advisories and recommends denial. 

 

On 29 Apr 11, DPSOS states the applicant requested a date 
eligible to return from overseas (DEROS) curtailment of one month 
from 1 May 05 to 1 Apr 05. On 23 Nov 04, the Military Personnel 
Data System (MILPDS), was updated by the applicant’s unit that 
the applicant would be separating due to pregnancy. The 
applicant stated she could not locate any of the separation 
documents at the time of her separation. Since the applicant 
mentioned having complication with childbirth her commander was 
authorized to approve a separation for pregnancy or childbirth. 

 

DPSOS states there was insufficient evidence contained within the 
applicant’s military record to confirm the circumstances and 
facts surrounding her discharge. Absent the documentation, there 
is a presumption of regularity that the applicant was afforded 
due process and the discharge was consistent with the procedural 
and substantive requirements of the discharge regulation. 

 

On 20 Oct 11, in a corrected advisory, DPSOS further clarified 
their evaluation and stated since the applicant was not able to 
complete her service obligation due to childbirth, she was 
approved for a pregnancy or childbirth discharge. Although the 
applicant states she was pregnant and had a major illness that 
complicated her child’s life, she was unable to perform her 
duties. On 23 Nov 04, the applicant’s unit approved a pregnancy 
discharge, on the same date her separation for the LADSC waiver 
program was cancelled. 

 

The applicant was assigned the correct separation program 
designator (SPD) code of “KDF” at the time of separation. 

 

The complete DPSOS evaluations are at Exhibit C and E. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 20 May 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit D). 

 

On 24 Oct 11, a copy of a supplemental Air Force evaluation was 
forwarded to the applicant for review and comment within 15 days. 
To date, a response has not been received (Exhibit F). 

 


_________________________________________________________________ 

 

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. In this 
respect, the applicant contends she was discharged due to a major 
illness that complicated her unborn child’s life and did not 
allow her to perform her duties. After carefully reviewing the 
evidence of record, we are not persuaded the requested relief is 
warranted. It appears the applicant’s narrative reason for 
separation (pregnancy or childbirth) accurately reflects the 
circumstances surrounding her discharge. As noted by the 
Separations Branch, the applicant applied for separation under 
the Limited Active Duty Service Commitment (LADSC) Waiver Program 
and requested a separation date of 1 Apr 05. On 23 Nov 04, the 
applicant’s separation for LADSC wavier program was cancelled and 
MILPDS was updated that the applicant would be separating due to 
pregnancy. The applicant has not presented sufficient evidence 
to support her claim that her narrative reason for separation 
should be changed to a medical discharge. Therefore, we agree 
with the opinion and recommendation of the Air Force office 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. As such, we find no basis to recommend 
granting the relief sought in this application. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

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 Docket Number 
BC-2010-04094 in Executive Session on 1 Dec 11, under the 
provisions of AFI 36-2603: 


 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 25 Oct 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 29 Apr 11. 

 Exhibit D. Letter, SAF/MRBR, dated 20 May 11. 

 Exhibit E. Letter, AFPC/DPSOS, dated 20 Oct 11. 

 Exhibit F. Letter, SAF/MRBC, dated 24 Oct 11. 

 

 

 

 

 Panel Chair