RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05751
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her reentry (RE) code of 3A (1st term airman separating before 36 months) and narrative reason for discharge of childbirth on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to hardship due to dependency.
________________________________________________________________
APPLICANT CONTENDS THAT:
She and her husband were both in the Air Force in 1991. She did not request a discharge because she was pregnant, but she requested a hardship discharge after the birth of her daughter in Jan 91 because they had no family able to care for their daughter in the event they both deployed.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 6 Oct 89.
On 9 Jan 91, the applicant applied for separation from the Air Force prior to the birth of her daughter on 23 Jan 91.
On 8 Feb 91, the applicant was honorably discharged with the narrative reason for separation of childbirth, and was credited with one year, four months, and three days of active service.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. The applicant states she was discharged for hardship reasons; however, per her request, she was separated due to pregnancy and not for hardship. The basis for the applicants request has no merit and appears to be submitted to gain entitlements from the Department of Veterans Affairs which she is not entitled to due to her limited time on active duty. Based upon the documentation on file in the master personnel records, the applicants discharge was consistent with the 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.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Apr 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its 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.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05751 in Executive Session on 7 Oct 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 25 Feb 13.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 13.
Panel Chair
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