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 applicants 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
members 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 applicants 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 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-2014-02597 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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