RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00137

XXXXXXXXXXXXXX	COUNSEL: NONE  

  	 HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her narrative reason for separation of “Pregnancy or Childbirth” be changed to “Reduction in Force.”  

APPLICANT’S CONTENTIONS

She requested to be discharged from service due to the influx of manpower and force reduction.   An error was committed.  She stated she wanted to be discharged to continue her education and not because she was pregnant.  Her request for a Veterans Affairs (VA) home loan was denied due to the error.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).  

She provides her DD Form 214, Certificate of Release or Discharge from Active Duty, which shows she was released from active duty on 30 Apr 94, with a narrative reason for separation of “Pregnancy or Childbirth.”  The corresponding Separation Program Designator (SPD) code shows as “MDF,” denoting pregnancy or childbirth, and reentry (RE) code “3A,” first-term airman who separates before completing 36 months or 60 months for a 6-year enlistee on current enlistment and who has no known disqualifying factors except grade and skill level.  She served 11 months and 1 day of active duty service.

The applicant’s limited military human resources record (MHRR) does not include documentation pertaining to her separation.  For more information, see the excerpt of the applicant’s record at Exhibit B.  

APPLICABLE AUTHORITY

According to https://www.va.gov/housing-assistance/home-loans/eligibility members who served between 2 Aug 90 and present are eligible for a VA home loan if they served 24 continuous months or the full period for which they were called to active duty or at least 90 days if discharged for hardship, reduction in force or convenience of the government.  

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 finds the applicant has provided no evidence to show her DD Form 214 was prepared in error and that she was discharged due to a reduction in force, instead of pregnancy or childbirth.  Based on the evidence it appears the applicant’s request for a VA home loan was denied due to insufficient service to qualify for loan eligibility.  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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2020-00137 in Executive Session on 2 Sep 20:

  Panel Chair
  Panel Member
  Panel Member

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

Exhibit A:	Application, DD Forms 149, w/atchs, dated 28 Oct 19 and 20 Jan 20.  
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.