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AF | BCMR | CY2014 | BC 2014 02597
Original file (BC 2014 02597.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02597

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed to “Hardship” 
rather than “Pregnancy.”


APPLICANT CONTENDS THAT:

She elected to separate based on hardship due to domestic 
violence and not her pregnancy.  Her commander ensured her she 
would be discharged due to hardship and that she would retain 
education and veterans benefits.

She met the criteria for discharge under hardship.  Her 
situation was not temporary, the situation had worsened since 
she entered active duty, she tried to remedy the situation and 
separating rectified the situation.

She needs this corrected to be eligible for a Department of 
Veterans Affairs (DVA) home loan.

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


STATEMENT OF FACTS:

On 25 Jul 01, the applicant commenced her enlistment in the 
Regular Air Force.

A medical examination document dated 19 Sep 02 confirms the 
applicant was on a pregnancy profile at the time of her 
discharge.

On 1 Oct 02, she was furnished an honorable discharge with a 
narrative reason for separation of “Pregnancy,” along with a 
separation code of KDF (Pregnancy or Childbirth) and reentry 
(RE) code of 1J (Eligible to reenist, but elects separation).  
She was credited with one year, two months, and six days of 
active service.

The remaining relevant facts pertaining to this application are 
contained in the memorandum 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 an injustice.  

According to AFI 36-3208, Administrative Separation of Airman, 
requests for separation based on pregnancy must include an AF 
Form 422, Physical Profile Serial Report, confirming the 
pregnancy and it must be signed by a designated profiling 
officer.  The request requires a recommendation from the 
member’s immediate commander and is then forwarded to the base 
separations authority for a final decision.

Requests for separation based on dependency or hardship must 
have an existing genuine dependency or undue hardship.  The 
dependency or hardships cannot be temporary, must have arisen or 
have been aggravated to an excessive degree since the airman 
entered active duty; every reasonable effort has been made to 
remedy the situation; separation will eliminate or materially 
alleviate the condition; and there are no other available means 
of alleviating the situation other than separation.  An 
unexpected change of income or family separation due to military 
service does not necessarily constitute an undue hardship or 
dependency.  

Furthermore, there is no narrative reason for separation or SPD 
code designated for "pregnancy hardship."  Service members are 
separated for either "pregnancy/childbirth" or “hardship." 

Absent any further documentation to the contrary, it must be 
assumed the applicant’s separation was approved in accordance 
with policy and procedures of governing instruction.  Therefore, 
based on the presumption of regularity, the discharge, to 
include the SPD code, narrative reason for separation, and 
character of service was consistent with the procedural and 
substantive requirements of the discharge regulation.  The 
applicant provided no evidence of an error or injustice in the 
processing of her discharge.

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 27 Oct 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s 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 applicant’s 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-2014-02597 in Executive Session on 24 Mar 15 under the 
provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 15 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14.

						

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