RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03711
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her date of separation of 1 Jun 04, be changed to a date after
19 Jul 04.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was separated due to Pregnancy and Childbirth; however, her
son was not born until 19 Jul 04.
She was unable to finalize her separation paperwork and sign her
DD Form 214, Certificate of Release or Discharge from Active
Duty, until Oct 04.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Jun 04, the applicant was honorably discharged from the Air
Force due to Pregnancy or Childbirth. She served on active
duty for a period of 6 years, 5 months, and 22 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states that the applicant
applied for a separation with an effective date of 1 Jun 04 and
her request was approved by the discharge authority. On 26 Apr
04, she received her orders, at which time she was able to start
out-processing. The applicant has not provided any supporting
documents to show why her out-processing was not completed before
her separation date of 1 Jun 04.
DPSOS finds there is insufficient evidence contained within the
applicants military record to confirm the circumstances and
facts surrounding her discharge. Absent the documentation, there
is a presumption of regularity in which the applicant was
afforded due process and the discharge was consistent with
procedural and substantive requirements of the discharge
regulation. The applicant provided no facts warranting a change
to her separation code or narrative reason for separation.
The complete DPSOS evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 Oct 12, 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).
_________________________________________________________________
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 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. Therefore, in the
absence of evidence to the contrary, 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-2012-03711 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 12, w/atchs.
Exhibit B. Letter, AFPC/DPSOS, dated 25 Sep 12.
Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12.
Panel Chair
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