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AF | BCMR | CY2013 | BC 2012 03711
Original file (BC 2012 03711.txt) Auto-classification: Denied
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 
applicant’s 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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