RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00036

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her narrative reason for discharge and separation code be changed to reflect MDH, Dependency or Hardship versus MDF, Pregnancy or Childbirth.
 
APPLICANT’S CONTENTIONS

She was approximately three months pregnant when she had to separate from the Air Force.  During that time, her husband was called to work for the U.S. Customs and Border Protection as a Border Patrol Agent, which required him to complete six months of training in Arizona.  Had she not separated there would have been no one to care for her son after she gave birth.  In addition, her son has a learning disability and was in Individual Development Plan (IDP) education from kindergarten to twelfth grade. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Airman First Class (E-3).

On 11 Feb 98, AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, shows that the applicant submitted a request to be released from active duty and transferred to the Individual Ready Reserve (IRR).  On 24 Feb 98, her commander recommended approval, indicating that the applicant is “pregnant and constantly sick.”  On 12 Mar 98, the separation authority approved the request with a 16 Mar 98 effective date.  

On 16 Mar 98, as noted in DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant received an honorable discharge with narrative reason for separation of “Pregnancy or Childbirth,” RE code of “3A,” and Separation code of “MDF.”  She was credited with 5 months and 2 days of net active duty service.  In addition, she was transferred to the Air Force Reserve with a Reserve Obligation Termination Date of 17 Jun 05.  

On 28 Jun 05, Reserve Order CA-007601, shows that the applicant was honorably discharged from the Air Force Reserve effective 18 Jun 05.

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

AIR FORCE EVALUATION

AFPC/DP2SSR, recommends denying the application.  On 11 Feb 98, the applicant submitted a request to separate using AF FM 31, Airman’s Request for Early Separation Based on Change in Service Obligation.  The base discharge authority approved the separation based on medical documentation (AF FM 422, Physical Profile Serial Report) confirming the pregnancy/childbirth. On 16 Mar 98, the applicant was discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen, Chapter 3, paragraph 3-17 (Pregnancy/Childbirth) and directed an honorable service characterization.  

In reference to her request regarding hardship/dependency, the temporary nature of pregnancy in general, does not meet the standard of hardship under the Air Force instruction.  Furthermore, 22 years have passed, thus exceeding the timeline to submit a BCMR.  Based on review of the applicant’s request and her master human resource record, there is no error or injustice with discharge.   

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Mar 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSR and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-00036 in Executive Session on 28 Apr 20: 

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 10 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Mar 20.

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