RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03364

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The narrative reason for separation on her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect “Hardship” instead of “Pregnancy Childbirth.” 

APPLICANT’S CONTENTIONS

She became pregnant by another service member who had been caught smoking marijuana and was going to jail which caused a hardship discharge.  She received a VA home loan in 1991 and paid the loan off in May 2006.  She would like her VA benefits to allow her to qualify for another VA home loan to buy a home.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2). 

On 14 Mar 90, according to AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, the applicant requested to be separated from active duty according to AFR 39-10, Administrative Separation of Airmen, Chapter 3, Section B, Paragraph 3-17 due to pregnancy. 

On 19 Mar 90, the discharge authority approved the applicant’s request. 

On 17 Apr 90, per DD Form 214, the applicant received an honorable discharge.  Her narrative reason for separation is “Pregnancy Childbirth.”  She was credited with nine months and four days of total active service.

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.  It has been 32 years since the applicant separated from the Air Force which exceeds the minimum timeline required to submit a case to the AFBCMR.  The applicant’s records reveal that the applicant submitted a voluntary request for separation based on pregnancy.  Although the applicant contends her circumstance at that time was a hardship, it does not qualify under the guidelines of hardship.  To separate under the hardship provision, much more stringent documentation is required to show evidence of a confirmed hardship, the circumstance for hardship cannot be temporary and separation will eliminate or materially alleviate the condition.  Due to the temporary nature of pregnancy, it does not constitute as a hardship under the regulation/instruction, but does have a separate provision for service members to request early separation should they desire to do so.  Additionally, the VA determinations made after discharge are at the discretion of the VA.  AFPC/DP2SSR finds no error or injustice with the discharge processing.

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 1 Aug 22 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).  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-2021-03364 in Executive Session on 30 Aug 22:

, 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 15 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 6 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Aug 22.

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.