RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03711 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her date of separation of 1 Jun 04, be changed to a date after 19 Jul 04. _________________________________________________________________ APPLICANT CONTENDS THAT: She was separated due to “Pregnancy and Childbirth;” however, her son was not born until 19 Jul 04. She was unable to finalize her separation paperwork and sign her DD Form 214, Certificate of Release or Discharge from Active Duty, until Oct 04. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Jun 04, the applicant was honorably discharged from the Air Force due to “Pregnancy or Childbirth.” She served on active duty for a period of 6 years, 5 months, and 22 days. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states that the applicant applied for a separation with an effective date of 1 Jun 04 and her request was approved by the discharge authority. On 26 Apr 04, she received her orders, at which time she was able to start out-processing. The applicant has not provided any supporting documents to show why her out-processing was not completed before her separation date of 1 Jun 04. DPSOS finds there is insufficient evidence contained within the applicant’s military record to confirm the circumstances and facts surrounding her discharge. Absent the documentation, there is a presumption of regularity in which the applicant was afforded due process and the discharge was consistent with procedural and substantive requirements of the discharge regulation. The applicant provided no facts warranting a change to her separation code or narrative reason for separation. The complete DPSOS evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Oct 12, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit D). _________________________________________________________________ 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 opinion and recommendation of the Air Force office of primary responsibility and adopt its 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 basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2012-03711 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Aug 12, w/atchs. Exhibit B. Letter, AFPC/DPSOS, dated 25 Sep 12. Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12.