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Decision Text

AF | BCMR | CY2013 | BC-2013-01120
Original file (BC-2013-01120.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01120

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed from “Pregnancy” to “Family Hardship” or “Sole Parent.”  

________________________________________________________________

APPLICANT CONTENDS THAT:

She would like to obtain a home loan through the Department of Veterans Affairs (DVA), but because she was discharged just two weeks prior to attaining two years service, she is ineligible.  

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate that she enlisted in the Regular Air Force on 13 April 1989.  

On 1 February 1991, the applicant applied for separation under the provisions of AFR 39-10, Administrative Separation of Airmen (Pregnancy), to be effective 1 March 1991.  

On 7 February 1991, the applicant’s commander recommended approval of the applicant’s voluntary separation.  

On 19 February 1991, the separation authority approved the applicant’s request for separation to be effective 1 March 1991.  

On 1 March 1991, the applicant was furnished an honorable discharge with a narrative reason for separation of “Pregnancy” and was credited with 1 year, 10 months, and 19 days of total active service.

________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The applicant requested to separate for “Pregnancy” and has provided no facts warranting a change to her narrative reason for separation.  There is no option for Air Force members to request separation for Family Hardship or Sole Parent.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 May 2013 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 error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in establishing the narrative reason of her separation as “Pregnancy.”  Based on the evidence of record, it appears the applicant’s separation for “Pregnancy” was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  She has provided no evidence which would lead us to believe the reason for separation was improper or contrary to the provisions of the governing regulation.  As for the applicant’s assertion that her narrative reason for separation should be changed to hardship, we are not convinced she met the criteria for a non-temporary condition that became worse since she entered the military which would warrant a “Hardship” separation.  Specifically, hardship does not necessarily exist because of altered present, separation of family, or suffering the inconveniences usually incident to military service.  Therefore, in view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to change her narrative reason for separation. 

________________________________________________________________
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-2013-01120 in Executive Session on 21 November 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 February 2013, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 2 May 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 19 May 2013.




                                   
                                   Panel Chair



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