RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-03433

XXXXXXXXXXXXX	COUNSEL:  NONE
	
 	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct her official military record to reflect five (5) years active duty service.

APPLICANT’S CONTENTIONS

She was involuntarily discharged on 10 Mar 66, due to pregnancy and requests her records be corrected in accordance with House Resolution (H.R.) 5447, The Women Discharged from the Military Due to Pregnancy Relief Act of 2002.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman third class (E-2).

On 25 Feb 66, according to a memorandum from the applicant titled, Release from Active Duty in Overseas Area, she requested release from active duty.

On 26 Feb 66, the applicant’s commander approved her request.

On 1 Mar 66, the discharge authority approved the applicant’s discharge.   

On 10 Mar 66, the applicant was furnished an honorable discharge, with Reason and Authority: AFR 39-11, Section III, paragraph 10a, COG [Convenience of the Government] and AFM 35-5, paragraph 5C, SDN-221, and credited with 6 months and 29 days active service.

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

APPLICABLE AUTHORITY/GUIDANCE

House Resolution 5447, Women Discharged from the Military Due to Pregnancy Relief Act of 2002, was introduced in the House on 24 Sep 02, during the 107th Congress, but was not enacted. The purpose of the act was to convey that women who served in the U.S. armed forces before 23 Feb 76, should not have been involuntarily discharged due to pregnancy and expressed remorse for the women who endured unnecessary and discriminatory actions because they became pregnant while a member of the armed forces. The Act suggested several forms of payment and allowances, to include changing records for officers to show they completed five additional years of active duty service.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  Based on review of the applicant’s request and the master personnel record, there is no evidence of error or injustice with the discharge process.  The applicant was not involuntarily separated but requested to be discharged.  On 25 Feb 66, the applicant submitted a request for release from active duty while stationed overseas and, on 26 Feb 66, her commander approved her request.  On 1 Mar 66, the discharge authority approved the separation.  At the time of discharge, the applicant had completed 6 months of active duty service.  The Air Force Personnel Center cannot go back and retroactively award additional years of service that were not performed by the applicant.  Finally, the applicant has not filed a timely application as it has been 56 years since the applicant’s 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 May 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 applicant requested separation and was not involuntarily discharged.  Additionally, H.R. 5447 was not enacted into law.  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-2021-03433 in Executive Session on 18 Nov 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/atch, dated 13 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 4 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 10 May 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.