RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00990

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

The narrative reason for separation and corresponding separation code on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed.

APPLICANT CONTENDS THAT:

Her pregnancy created a hardship because her husband, who was also active duty, was being reassigned out of the country.  The Air Force could not grant them a joint assignment.  A long-term separation with a baby on the way presented a hardship.  After consulting with the personnel office, she was informed that her situation warranted a hardship discharge.  She would like the narrative reason for separation changed so that she can qualify for Veterans Administration benefits.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 17 July 1985.

According to AF Form 418, Selective Reenlistment/Noncommissioned Officer Status Consideration, dated 21 May 1986, the applicant was selected for reenlistment; however, she had submitted paperwork requesting separation due to her recent pregnancy.

On 21 May 1986, the discharge authority approved the applicant’s request for separation and directed she be discharged on 15 August 1986 with an honorable service characterization.

On 15 August 1986, the applicant was honorably discharged and was credited with 1 year and 29 days of active service.  Her separation code and corresponding narrative reason for separation is KDF (Pregnancy).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The applicant requested she be separated due to her pregnancy and was appropriately discharged under the provisions of AFR 39-10, paragraph 3-17 (Pregnancy/Childbirth).  Pregnancy is a temporary condition and does not meet the standard for a hardship discharge under the provisions of AFR 39-10.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 May 2018 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00990 in Executive Session on 14 June 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 February 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 12 April 2018.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.