RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00326
		INDEX NUMBER:  136.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her discharge from the Air Force be changed to retirement.

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APPLICANT CONTENDS THAT:

In her quest to become pregnant and have a family, with over 19 years of service, she elected to take the Special Separation Benefit (SSB) in order to pay for medical procedures she could not obtain in the military.

The medical procedures she underwent were unsuccessful in helping her to become a mother and led to medical complications that have left her disabled and unable to work.

She believes that given the number of years she served in the Air Force, she should enjoy the benefits that her peers now enjoy.  She is not seeking any money or retirement check.

In support of her request, applicant provides copies of her military service record and copies of favorable communications from her employment with the Department of Veterans Affairs (DVA).

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 29 Jun 73.  Sometime in the 1991/92 timeframe the applicant applied for and was approved for the Special Separation Benefit.  On 10 Jun 92, she signed the agreement, which stipulated that in return for separation pay in the amount of $60,846.80, she agreed to separate from active duty and accept an enlistment in the Ready Reserve for a period of three years beyond any existing service obligation.  The agreement also spelled out other conditions to which the applicant agreed.  On 10 Jul 92, the applicant was released from active duty with service characterized as honorable and a “3S” Reenlistment Eligibility code, “Separated with Special Separation Benefit.”

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  Based on the documentation in the applicant’s master personnel file, she voluntarily applied to separate from the Air Force to receive the Special Separation Benefit being offered at that time.  Although the applicant seems to regret her decision to accept the SSB, she has not provided any evidence of an error or injustice.

The complete evaluation is at Exhibit C.

AFPC/DPPRRP recommends denial of the applicant’s request.  With 19 years and 12 days of total active federal military service, the applicant could have requested retirement, since she was within one year of having 20 years of service.  However, she chose to apply for separation under the SSB program.  The applicant indicates that her supervisors and commander warned her that her decision to accept the SSB was a huge trade-off and that she might regret her decision.  The applicant voluntarily chose to be separated under the SSB program.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 Apr 04 for review and comment within 30 days.  To date, a response has not been received.

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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 agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2004-00326 in Executive Session on 24 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 7 Apr 04.
    Exhibit D.  Memorandum, AFPC/DPPRRP, dated 7 Apr 04.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Apr 04.

                                   Panel Chair