RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01382
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. Her date of separation (DOS) for discharge be changed to
3 Jun 86.
2. Her narrative reason for separation be changed to Expiration Term of Service.
APPLICANT CONTENDS THAT:
She was pregnant at the time of her discharge, but did not request an early discharge for pregnancy. She was told that because of the Gramm-Rudman law she would be unable to fire a weapon and therefore should request a discharge and use her MGIB to attend college. However, there was no intention not to complete her two-year enlistment contract and she was inadvertently separated three days early.
The Board should find it in the interest of justice to consider her untimely application because she was receiving Veterans Affairs (VA) medical benefits and care up until 10 Aug 12, when she was rated ineligible for benefits because she had less than 24 months continuous active duty.
In support of her appeal, the applicant submits her DD Form 214 and the letter she received from the VA informing her that she no longer meets the basic eligibility requirements for VA care.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 4 Jun 85 in the grade of Airman First Class (E3).
On 8 May 86, the applicant signed a Medical Examination for Voluntary Retirement or Separation memorandum that indicates her DOS as 31 May 86.
Issued on 8 May 86, AF Form 100, Request and Authorization For Separation, shows that the applicant was furnished an Honorable Discharge in the grade of Airman First Class (E3) with an effective date of 31 May 86.
The applicants DD FM 214 shows a DOS of 31 May 86 with a net active duty service of 11 months and 28 days. The narrative reason for the applicants discharge was Pregnancy.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial stating that the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The applicant was separated before completing her required term of service and pregnancy is one of the reasons the discharge authority can release a member from their active duty service commitment early and allow them to separate. The applicant confirmed that she was pregnant at the time of her discharge. Therefore, taking into account the presumption of regularity the narrative reason for separation (pregnancy) is correct as indicated.
In addition, the applicant has not filed a timely petition. It has been almost 28 years since the applicant separated from the Air Force. Since that time, some of the documentation in the applicant's record has become absent. Furthermore, the applicant provided no facts warranting a change to her effective DOS or narrative reason for separation.
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 30 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number BC-2014-01382 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 14, w/atchs.
Exhibit B. Master Personnel Records
Exhibit C. Letter, AFPC/DPSOR, dated 16 May 14.
Exhibit D. Letter, SAF/MRBR, dated 30 May 14.
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