RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04926
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her honorable discharge for pregnancy or childbirth be changed
to a disability retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was under a medical doctors care.
In support of her request, the applicant provides a copy of a VA
Form 3288, Request for and Consent to Release of Information
from an Individuals Records.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the applicants DD Form 214, Certificate of Release
or Discharge from Active Duty, she enlisted in the Regular Air
Force (RegAF) on 18 Nov 98 and served on active duty until she
was released from active duty on 12 Jul 02 with an Honorable
characterization of service and a narrative reason for
separation of Pregnancy or Childbirth.
In accordance with AFI 36-3208, Administrative Separation of
Airmen, women may find pregnancy and the expectation of
motherhood incompatible with continued military service. If so,
they may ask for separation. If they are separated, they are
entitled to maternity care only in a military medical facility
on a space available basis.
Under AFI 48-123, Medical Examinations and Standards, neither
pregnancy nor childbirth is listed as disqualifying medical
condition. The military Disability Evaluation System (DES),
established under Title 10, United States Code (USC), to
maintain a fit and vital fighting force, can only offer
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. The mere
presence of a medical condition does not qualify a member for
military disability evaluation and compensation.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not 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. The applicant
contends she should be furnished a disability retirement in lieu
of her administrative discharge for pregnancy or childbirth.
However, after a thorough review of the evidence of record and
the applicants complete submission, we find no evidence of an
error or injustice that occurred in the discharge processing.
Based on the available evidence of record, it appears the
applicants voluntary discharge was consistent with the
substantive requirements of the discharge instruction and within
the commander's discretionary authority. Other than her own
uncorroborated assertions, she has provided no evidence
whatsoever that would lead us to believe that she suffered from
an unfitting condition that should have resulted in her referral
into the military Disability Evaluation System (DES).
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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-04926 in Executive Session on 27 Sep 12, under
the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Nov 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Chair
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