RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01283
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be granted a waiver to be placed back on active duty to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was denied an extension in order to complete the weight management
program (WMP).
Her appeal was handled improperly because it was not forwarded to the
wing commander for a final determination.
She only received three failures in the WMP and three letters of
counseling.
In support of her appeal, the applicant provided an expanded
statement, a supportive statement, and extracts from her military
personnel records.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was honorably discharged on 16 May 96 under the provisions
of AFI 36-3208 (Completion of Required Active Service). She was
credited with 11 years, 2 months, and 14 days of active duty service.
Available documentation indicates that the applicant entered Phase I
of the WMP on 14 Feb 95. Because she was in Phase I of the WMP, she
was ineligible to reenlist.
On 3 Apr 96, the applicant submitted an extension request to her
current enlistment to complete the WMP. On 4 Apr 96, her commander
recommended disapproval. On 9 Apr 96, the approval authority
(Military Personnel Flight (MPF) Commander) disapproved her request.
The applicant submitted an appeal. On 8 May 96, the appeal authority
(Support Group Commander) disapproved the applicant’s request to
extend her current enlistment.
_________________________________________________________________
AIR FORCE EVALUATION:
The Skills Management Branch, AFPC/DPPAE, reviewed this application
and recommended denial. According to DPPAE, the extension of
enlistment processing chain is the unit commander, the MPF chief, and
the support group commander. The only reason the applicant’s request
would have been forwarded to the wing commander for final resolution
is if the MPF chief disagreed with the unit commander, which is not
the case in this situation.
A complete copy of the DPPAE evaluation, with attachment, is at
Exhibit C.
The Field Activities Division, AFPC/DPSF, reviewed this application
and recommended denial. According to DPSF, the applicant was not
discharged because of her failure in the WMP. She was discharged upon
her date of separation because she was denied an extension to her
enlistment. The commander was well within his purview to deny the
extension request because there are no mandates to retain a member in
order to complete the WMP. This is solely the commander’s option.
A complete copy of the DPSF evaluation is at Exhibit D.
The Separations Branch, AFPC/DPPRS, reviewed this application and
recommended denial. A complete copy of the DPPRS evaluation is at
Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinions and furnished responses and
additional documentary evidence which are attached at Exhibit G.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Board’s request, the Skills Management Branch,
AFPC/DPPAE, reviewed the applicant’s rebuttal responses and addressed
the issues concerning the date of the referenced directive in their
previous advisory and whether the applicant’s extension denial case
should have been processed to wing commander as the final appeal
authority. DPPAE indicated that they agree the directive in effect at
the time of her extension appeal was AFI 36-2606, Reenlistment in the
United States Air Force, dated 1 Mar 96 versus the 26 Aug 94 edition.
Nonetheless, the policy outlined in the paragraph pertaining to the
extension appeal process was the same in both versions. It required
the appeal case file to be processed through the unit commander, chief
of the military personnel flight, and the support group commander for
airmen with less than 16 years of service. According to DPPAE, the
wing commander would have been the final appeal authority in the
applicant’s case only if her immediate commander was also the group
commander who initially disapproved the extension request. Since that
was not the case, the applicant’s appeal was processed in accordance
with Air Force policy and there was no evidence of error or injustice.
A complete copy of the DPPAE evaluation is at Exhibit H.
The Separations Branch, AFPC/DPPRS, reviewed the applicant’s rebuttal
responses and addressed the applicant’s claim that she was
involuntarily separated. According to DPPRS, the Department of
Defense and Air Force instructions indicate an enlisted member who has
completed their required active service and their required military
service obligation (MSO) will be discharged. The DD Form 214,
Certificate of Release or Discharge from Active Duty, is the official
source document that records the reason for separation. A review of
the applicant’s DD Form 214 reveals she was discharged because she had
completed her required active service and her required military
service obligation. DPPRS recommended denial of the appeal.
A complete copy of the DPPRS evaluation is at Exhibit I.
The Field Operations Branch, AFPC/DPSFM, reviewed the applicant’s
rebuttal responses and addressed her allegation that a documented
weight check was not hers. DPSFM indicated that if the weigh-in was
invalid, it did not appear that the applicant addressed its validity
when she was given a letter of reprimand (LOR).
According to DPSFM, the applicant’s commander was well within his
authority by not allowing the member to extend to complete the WMP.
The policy to allow an extension in order to complete the WMP is
strictly a commander’s option. After reviewing the additional
documentation submitted by the applicant, they find it very difficult
to believe her allegation she was on her cycle for three consecutive
weight checks without any medical documentation to support this
irregularity. They believe that the unit was above board by
documenting and deleting the previous two weight checks. DPSFM
indicated that they do not support the applicant’s request and
recommends that the appeal be disapproved.
A complete copy of the DPSFM evaluation is at Exhibit J.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response which
is attached at Exhibit L.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. The applicant's
complete submission was thoroughly reviewed and her contentions were
duly noted. However, we do not find the applicant’s assertions and
the documentation presented in support of her appeal sufficiently
persuasive to override the rationale provided by the Air Force offices
of primary responsibility (OPRs). Therefore, in the absence of
evidence that the applicant's substantial rights were violated, that
the information used as a basis for the denial of the extension of her
current enlistment was erroneous, or that there was an abuse of
discretionary authority, we adopt the Air Force rationale and conclude
that no basis exists to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 Nov 00, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. George Franklin, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 May 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 22 Sep 99, w/atch.
Exhibit D. Letter, AFPC/DPSF, dated 4 Oct 99.
Exhibit E. Letter, AFPC/DPPRS, dated 18 Jan 00.
Exhibit F. Letter, SAF/MIBR, dated 11 Feb 00.
Exhibit G. Letters, applicant, undated, w/atchs.
Exhibit H. Letter, AFPC/DPPAE, dated 4 Aug 00.
Exhibit I. Letter, AFPC/DPPRS, dated 10 Aug 00.
Exhibit J. Letter, AFPC/DPSFM, dated 4 Sep 00.
Exhibit K. Letter, SAF/MIBR, dated 29 Sep 00.
Exhibit L. Letter, applicant, undated.
RICHARD A. PETERSON
Panel Chair
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