RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03613
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her narrative reason for separation Pregnancy be changed to
reflect Hardship Related to Pregnancy.
APPLICANT CONTENDS THAT:
When she became pregnant she spoke with her first sergeant who
approved and stated that if she remained on active duty it would
create a hardship because she and her husband worked the same
duty shift. She tried to change her shift; however, was unable
to do so. She further states that her narrative reason for
separation is affecting her benefits from the Department of
Veterans Affairs. She was informed that the narrative reason
must be listed as a hardship.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 18 July
2001.
On 1 February 2003, the applicant was furnished an honorable
discharge, and was credited with 1 year, 6 months, and 14 days
of active service.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice.
DPSOR finds there is limited documentation contained within the
applicants military record to confirm the circumstances and
facts surrounding the applicants discharge. Absent the
complete documentation, there is a presumption of regularity in
which the applicants date of separation for pregnancy was
approved in accordance with AFI 36-3208, chapter 3, paragraph
3.17, based on a request from the applicant. Based on the
presumption of regularity, the discharge authority approved the
applicants request for separation to be effective 1 February
2003. Therefore, the separation program designator (SPD) code,
narrative reason for separation, and character of service appear
to be consistent with the procedural guidelines in the
regulation for pregnancy or childbirth.
The applicant has not submitted a timely application. It has
been approximately 11 years since the applicant separated from
the Air Force and the applicant did not address the aspects of
her separation within 3 years of discharge. Furthermore, 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 24 November 2014 for review and comment within
30 days (Exhibit D). As of this date, no response has been
received by this office.
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. Due to the
limited records available and based upon the presumption of
regularity in the conduct of governmental affairs, we must
assume that the applicants narrative reason for separation was
proper and in compliance with appropriate directives. We find
no evidence of error or injustice in the available records and
without evidence to support the applicants appeal we find no
basis upon which to favorably consider this application.
Therefore, in view of the foregoing, we conclude that no basis
exists upon which to recommend favorable action on his request.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2014-03613 in Executive Session on 30 April 2015,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 August 2014, w/atch.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 4 November 2014.
Exhibit D. Letter, SAF/MRBR, dated 24 November 2014.
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