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AF | BCMR | CY2011 | BC-2011-04897
Original file (BC-2011-04897.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04897 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

______________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her narrative reason for separation be changed from “Pregnancy 
or Childbirth” to “Medical Retirement.” 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was discharged because of her pregnancy; however her service 
connected disabilities were not evaluated. Immediately after 
she was discharged she received a 30 percent service connected 
disability rating from the Department of Veterans Affairs (DVA). 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 19 Jan 2007, the applicant enlisted in the Regular Air Force. 

 

On 4 Apr 2008, she applied for a separation due to her 
pregnancy. 

 

On 31 Jul 2008, she was honorably discharged under the 
provisions of AFI 36-3208, Administrative Separation of Airmen. 
Her narrative reason for separation was “Pregnancy or 
Childbirth.” She served 1 year, 6 months and 22 days of total 
active service. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. DPSOS states the applicant was 
approved for a pregnancy discharge per her request and was not 
discharged because of medical pregnancy reasons. The basis for 
her requested action has no merit. She submitted the request to 
gain entitlement to DVA benefits for which she is not entitled 
based on her limited time on active duty. The discharge was 
consistent with the procedural and substantive requirements of 
the discharge instruction and was within the discretion of the 
discharge authority. 


 

The complete DPSOS evaluation, with attachment, is at Exhibit C. 

 

The BCMR Medical Consultant recommends denial. The Medical 
Consultant states it is clearly documented that the applicant 
was approved for a pregnancy discharge per her request and was 
in no way discharged due to medical pregnancy reasons. There is 
no medical evidence to support the basis of her request. The 
foundation for her requested action has no merit and is 
submitted to gain additional DVA entitlements, per her 
statements. 

 

Addressing her implicit desire for a medical 
separation/retirement, the military Disability Evaluation System 
(DES), established to maintain a fit and vital fighting force, 
can by law, under Title 10, United States Code (U.S.C.), only 
offers compensation for those service incurred diseases or 
injuries which specifically rendered a member unfit for 
continued active service and were the cause for career 
termination; and then only for the degree of impairment present 
at the time of separation and not based on future occurrences. 
In the case under review there is no medical documentation, to 
support a migraine headache history nor pregnancy related 
medical conditions that should have been the cause for a medical 
separation or retirement. On the other hand, operating under a 
different set of laws (Title 38, U.S.C.), with a different 
purpose, the DVA is authorized to offer compensation for any 
medical condition determined service incurred, without regard to 
[and independent of] its demonstrated or proven impact upon a 
service member's retainability, fitness to serve, or narrative 
reason for release from military service. With this in mind, 
Title 38, U.S.C., which governs the DVA compensation system, was 
written to allow awarding compensation ratings for any 
conditions with a nexus with military service. This is the 
reason why an individual can be found fit for release from 
active military service for one reason and yet sometime 
thereafter receive a compensation rating from the DVA for a 
medical condition service-connected, but which was not 
militarily unfitting during the period of active service. 

 

The complete BCMR Medical Consultant evaluation is at Exhibit D. 

 

________________________________________________________________ 

 


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

On 15 Jan 2013, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 
30 days. As of this date, no response has been received by this 
office (Exhibit E). 

 

________________________________________________________________ 

 

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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinions and 
recommendations of the Air Force office of primary 
responsibility and the BCMR Medical Consultant and adopt their 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no 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 Docket Number BC-
2011-04897 in Executive Session on 26 Feb 2013, under the 
provisions of AFI 36-2603: 

 

 

 


 

The following documentary evidence was considered in AFBCMR BC-
2011-04897: 

 

 Exhibit A. DD Form 149, 5 Mar 2012, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 14 Jun 2012, w/atch. 

 Exhibit D. Letter, BCMR Medical Consultant, dated 26 Dec 

 2012. 

 Exhibit E. Letter, SAF/MRBC, dated 15 Jan 2013. 

 

 

 

 

 

 Acting Panel Chair 

 

 



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