RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04363
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her separation code, narrative reason for discharge, and
reenlistment eligibility (RE) code of 2 be changed to allow
her full entitlement to military benefits.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was unjustly forced out of the military, depriving her of
her benefits. She and her fiancé both joined the Air Force
simultaneously because the recruiter told them they had to be
single to enter. They completed basic training and technical
school and were planning their wedding prior to his deployment
when she discovered she was pregnant. The Air Force gave her a
choice of having an abortion or getting out of the military, so
she got out.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 14 Mar 69 and
served on active duty until she was honorably discharged on 4
Jun 69, issued an RE code of 2, and credited with 2 months and
21 days of total active service.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility (OPRs) which are attached at Exhibits C
and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or injustice regarding the applicants separation code
or narrative reason for discharge. The applicants separation
for pregnancy was appropriate and in accordance with AFR 39-10, Administrative Separation of Airmen (Pregnancy), dated 22 Aug
66, which directed enlisted women to be discharged from the
service with the least practicable delay after a medical
determination of pregnancy. On 15 May 69, the applicant
received a positive pregnancy test from the base hospital. The
discharge authority approved the applicants request to be
separated effective 4 Jun 69. The applicant is not entitled to
the Department of Veteran Affairs (DVA) benefits she seeks due
to her limited time on active duty. Her discharge was
consistent with the procedural and substantive requirements of
the discharge regulation in place at the time of her discharge.
The applicant provided no evidence warranting a change in her
separation code or narrative reason for separation.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating there is no evidence of
an error or injustice regarding her RE code. The applicant was
discharged with an honorable character of service after serving
2 months and 21 days. Her RE code was updated to 2-Ineligible
per AFM 39-9D, dated 28 Mar 68, the appropriate reenlistment
guidance from that time frame for separation for pregnancy. The
applicant does not provide any proof of an error or injustice in
reference to her RE code.
A complete copy of the AFPC/DPSOA evaluation, with attachment,
is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 1 Mar 13 for review and comment within 30 days. As
of this date, no response has been received by this office
(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. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility (OPR) and adopt their rationale as the basis for
our conclusion the applicant has not been the victim of an error
of 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 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-2012-04363 in Executive Session on 4 Jun 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 18 Jan 13.
Exhibit D. Letter, AFPC/DPSOA, dated 20 Feb 13, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 1 Mar 13.
Panel Chair
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