RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04926 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her honorable discharge for pregnancy or childbirth be changed to a disability retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: She was under a medical doctor’s care. In support of her request, the applicant provides a copy of a VA Form 3288, Request for and Consent to Release of Information from an Individual’s Records. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, she enlisted in the Regular Air Force (RegAF) on 18 Nov 98 and served on active duty until she was released from active duty on 12 Jul 02 with an Honorable characterization of service and a narrative reason for separation of “Pregnancy or Childbirth.” In accordance with AFI 36-3208, Administrative Separation of Airmen, women may find pregnancy and the expectation of motherhood incompatible with continued military service. If so, they may ask for separation. If they are separated, they are entitled to maternity care only in a military medical facility on a space available basis. Under AFI 48-123, Medical Examinations and Standards, neither pregnancy nor childbirth is listed as disqualifying medical condition. The military Disability Evaluation System (DES), established under Title 10, United States Code (USC), to maintain a fit and vital fighting force, can only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued active service and were the cause for career termination. The mere presence of a medical condition does not qualify a member for military disability evaluation and compensation. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not 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. The applicant contends she should be furnished a disability retirement in lieu of her administrative discharge for pregnancy or childbirth. However, after a thorough review of the evidence of record and the applicant’s complete submission, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the applicant’s voluntary discharge was consistent with the substantive requirements of the discharge instruction and within the commander's discretionary authority. Other than her own uncorroborated assertions, she has provided no evidence whatsoever that would lead us to believe that she suffered from an unfitting condition that should have resulted in her referral into the military Disability Evaluation System (DES). Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2011-04926 in Executive Session on 27 Sep 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Nov 11, w/atch. Exhibit B. Applicant's Master Personnel Records.