RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                            DOCKET NUMBER: 00-00314
      INDEX CODES 110.02  111.02  111.05  126.04  134.01  134.02
      XXXXXXXXXXX                                  COUNSEL: No

      XXXXXXXXXXX                                  HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  1984  general  discharge  for  “Misconduct  -  Pattern  of  Minor
Disciplinary Infractions” be upgraded to honorable and  the  narrative
reason be changed to “Medical Condition/Disability.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

Despite a strenuous exercise program  and  a  1000-calorie  diet,  she
gained, rather than lost, weight.  She was “kept out of sight” because
her appearance was considered offensive  and  a  disgrace.   She  felt
completely alienated and inadequate, even after her  discharge.  Years
after her separation, she requested her medical records and discovered
that she had been diagnosed in Apr  84  as  having  “Polycystic  Ovary
Syndrome (PCOS),”  a  condition  that  medically  precluded  her  from
successfully completing the Weight Management Program (WMP). Not  only
was she never informed of the diagnosis, but also her unit was told in
May 84 that there was no medical condition preventing her from  losing
weight.

Her complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The following information was extracted from the applicant’s  military
medical and personnel records (See Exhibits A and B).

She enlisted as an airman basic in the Regular Air Force on 26 Apr  83
for six years. At the time she weighed 129 lbs. She  was  promoted  to
airman first class (A1C) on 16 Jun 83.

In Sep 83 she weighed 157 lbs; her maximum allowable weight (MAW)  for
her height of approximately 5’2” was 133 lbs. She was  placed  in  the
WMP on a 1000-calorie diet and  conditioning  program.  She  was  also
evaluated by Mental Health for an adjustment disorder  with  depressed
mood.

In Jan 84 she weighed 170 lbs and  continued  to  be  seen  by  Mental
Health. On 10 Jan 84, she received a Letter  of  Reprimand  (LOR)  for
unsatisfactory progress in the WMP.  The  LOR  was  entered  into  her
Unfavorable Information File (UIF).

On 5 Mar 84, she received an Article 15 for  sleeping  on  post  while
posted as an Entry  Point  Guard  at  the  Munitions  Operating  Area.
Punishment was a suspended reduction to airman with forfeitures.

On 9 Mar 84, she received another LOR for unsatisfactory  progress  in
the WMP.  On 19 Mar 84, she was placed on the Control Roster  for  the
same reason.  On 20 Mar 84, she received an LOR for failing to  attend
a physical conditioning class at the base gym on 19 Mar 84  from  0730
to 0830.

On 28 Mar  84  the  base  clinic’s  physician  assistant  advised  the
applicant’s squadron that her lab tests were consistent  with  adrenal
abnormalities and recommended  referral  to  an  endocrinologist.  Her
condition was diagnosed as Cushing’s Syndrome and a  disorder  of  the
adrenal glands needed to be ruled out. He requested that the applicant
be removed from the WMP until further evaluation had been completed.

In Apr 84 the applicant weighed  184  lbs.  On  24  Apr  84,  she  was
diagnosed with exogenous obesity and PCOS.  However, on 21 May 84, the
physician’s assistant advised her squadron commander that  no  medical
condition caused her to be unable to comply with weight standards.

The Airman Performance Report (APR) for the period closing 25  Apr  84
was referred to her on 25 Apr 84. The APR had an overall rating of “5”
and cited her unsatisfactory progress in both her job performance  and
the WMP.

On  22  May  84,  following  notification  procedures,  her  commander
recommended that she be discharged for minor disciplinary  infractions
with  a  general  characterization.  The  applicant  did  not   submit
statements. The case was found legally sufficient on 31 May  84.   The
discharge authority approved the recommendation on 4 Jun 84,  and  the
applicant was discharged on 5 Jun 84  in  the  grade  of  A1C  with  a
general characterization. She received a separation  code  of  “JKN  -
Misconduct  -  Pattern  of  Minor  Disciplinary  Infractions”  and   a
reenlistment eligibility (RE) code of  “2B”  (Involuntarily  separated
under  AFR  39-10,  with  a  general  or   under-other-than-honorable-
conditions discharge).  She had 1 year, 1 month and 10 days of  active
service.

On 29 Jan 86, the Air Force Discharge Review Board (AFDRB) denied  her
request for an honorable discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant  discussed  the   applicant’s   medical
condition and indicated that, given her  diagnosis  of  PCOS  and  its
recognized potential effect on a  woman’s  inability  to  control  her
weight, the four administrative actions should not have been  imposed.
If these four actions were taken away, leaving  a  single  Article  15
punishment, it appears a grave injustice was imposed on this applicant
in removing her with the characterization she received. He  recommends
that the discharge be upgraded to honorable and the reason changed  to
“JFV - Condition Not a Disability,”  with  retroactive  payment  of  ½
separation pay.

A complete copy of the evaluation is at Exhibit C.

The Military Personnel Management Specialist, HQ  AFPC/DPPRS,  concurs
with  the  Medical  Consultant’s  recommendations   except   for   the
separation pay.  Separation pay for active duty enlisted  members  was
not approved by Congress until 5 Nov 90.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant  on
21 Apr 00 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error and injustice to warrant granting  the
applicant’s requested relief.  Based on the medical evidence contained
in  her  records  and  the  Medical  Consultant’s  recommendation,  we
conclude that the applicant’s general discharge should be upgraded  to
honorable and the  narrative  reason  changed  to  “Condition,  Not  A
Disability, Which Interferes With Duty.” For the sake of  consistency,
the RE code  should  be  changed  from  “2B”  to  “2C”  (Involuntarily
separated under AFR 39-10 with an honorable  discharge).  However,  as
pointed out by HQ AFPC/DPPRS, the applicant cannot receive  separation
pay because Congress did not approve this entitlement for active  duty
enlisted members until Nov 99.

4.    In addition to the relief requested by  the  applicant,  we  are
unequivocally convinced that further corrections to  her  records  are
necessary.  In this respect, we note that the  adverse  actions  taken
against the applicant were driven by her  unsatisfactory  progress  in
the WMP--progress she  was  unable  to  achieve  due  to  her  medical
condition.   Exercise  and  diet  could  not  reduce  her  rapid   and
relentless weight gain because of the hormonal problems that afflicted
her. The Article 15 was imposed for  her  allegedly  sleeping  on  her
post. The applicant contends  she  had  merely  closed  her  eyes  and
remained aware of her surrounding environment. Regardless, we  do  not
believe the Article 15 should remain a matter of record  in  light  of
the applicant’s ailment, the exhaustion and  stress  provoked  by  her
then  inexplicable  inability  to  lose  weight,  and  the  tremendous
pressures she was under  at  the  time.   Incredibly,  even  when  the
diagnosis of PCOS was made,  the  physician’s  assistant  advised  her
commander that no medical condition precluded her from complying  with
weight standards.  Thus, she was inexorably condemned to the resultant
general discharge.  If we  extend  the  rationale  for  upgrading  her
discharge, then logic and justice require additional  intervention  to
make this applicant whole. The adverse actions taken against  her,  to
include the referral APR and the discharge  documents  describing  her
“infractions,” should be expunged.  The applicant should not  continue
to suffer  the  affects  of  a  negative  military  history  that  was
precipitated  by  a  disregarded  medical  condition.   We   therefore
recommend her records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  All documents relating to her discharge on 5  Jun  84  under
the provisions of AFR 39-10, paragraph 5-46 (Misconduct -  Pattern  of
Minor Disciplinary Infractions), including  but  not  limited  to  the
discharge package; the Letters of Reprimand dated 10 Jan 84, 9 Mar  84
and 20 Mar 84; the Unfavorable Information Files established on 10 Jan
84 and 19 Mar 84; and her placement on the Control Roster  on  19  Mar
84, be declared void and removed from her records.

      b.  The Article 15, UCMJ, initiated 5  Mar  84  and  imposed  on
9 Mar 84, be declared void and expunged  from  her  records,  and  all
rights, privileges and property of which she may have been deprived be
restored.

      c.  The referral Airman Performance Report for the period 26 Apr
83 through 25 Apr 84 be declared void and removed from her records.

      d.  On 5 Jun 84, she was honorably  discharged  for  “Condition,
Not A Disability, Which Interferes With  Duty,”  with  a  reenlistment
eligibility  code  of  “2C,”  and  furnished  an  Honorable  Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 July 2000, under the  provisions  of  AFI  36-
2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Ms. Dorothy P. Loeb, Member
                  Mr. Charles E. Williams Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Jan 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 8 Mar 00.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 5 Apr 00.
   Exhibit E.  Letter, SAF/MIBR, dated 21 Apr 00.




                                        VAUGHN E. SCHLUNZ
                                        Panel Chair




AFBCMR 00-00314




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXXXXXX, be corrected to show that:

      a.  All documents relating to her discharge on 5 Jun 84 under
the provisions of AFR 39-10, paragraph 5-46 (Misconduct - Pattern of
Minor Disciplinary Infractions), including but not limited to the
discharge package; the Letters of Reprimand dated 10 Jan 84, 9 Mar 84
and 20 Mar 84; the Unfavorable Information Files established on 10 Jan
84 and 19 Mar 84; and her placement on the Control Roster on 19 Mar
84, be, and hereby are, declared void and removed from her records.

      b.  The Article 15, UCMJ, initiated 5 Mar 84 and imposed on
9 Mar 84, be, and hereby is, declared void and expunged from her
records, and all rights, privileges and property of which she may have
been deprived be restored.

      c.  The referral Airman Performance Report for the period 26 Apr
83 through 25 Apr 84 be, and hereby is, declared void and removed from
her records.

      d.  On 5 Jun 84, she was honorably discharged for “Condition,
Not A Disability, Which Interferes With Duty,” with a reenlistment
eligibility code of “2C,” and furnished an Honorable Discharge
certificate.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency