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AF | BCMR | CY2001 | 0001084
Original file (0001084.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  00-01084
                       INDEX CODE:  112.07
                       COUNSEL:  NONE

                       HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated into the Air Force Reserve retroactively to October 1989.
___________________________________________________________________

APPLICANT CONTENDS THAT:

Following his reenlistment for a 6-year period on 15 October  1983,  he  was
involuntarily and, he believes, wrongfully separated in  October  1989  from
active reserve status under the Air Force Weight Management Program.

In  support  of  the  application,  the  applicant  provides  two   personal
statements, a letter sent to his congresswoman, copies of his discharge  and
medical records and other documents relative to the issue under review.

A complete copy of the submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 26 May 64 the applicant was  honorably  released  from  active  duty  and
transferred to the Air Force Reserve for completion of his Military  Service
Obligation (MSO).  He was honorably discharged from the  Air  Force  Reserve
on 26 May 66.  The applicant enlisted in the Air Force Reserve on  9 Jun  73
for an initial period of 4 years and remained a  member  of  the  Air  Force
Reserve until he was assigned to the Nonaffiliated  Reserve  Section  (NARS)
on 23 May 89.  He was honorably discharge from the Air Force Reserve  on  14
Oct 89 and was credited with 15 years of satisfactory Federal service.

The relevant facts, extracted from the available record,  are  contained  in
the  letter  prepared  by  the  appropriate  office  of   the   Air   Force.
Accordingly, there is no need to  recite  these  facts  in  this  Record  of
Proceedings.

___________________________________________________________________



AIR FORCE EVALUATION:

The Chief Military Personnel Division, AFRC/DPM, states  the  applicant  was
entered into the Weight Management Program in December 1986  at  which  time
his maximum allowable weight (MAW) was 184 pounds  and  his  current  weight
was 209 pounds.  He received a Letter of Reprimand (LOR) on 11  Apr  87  for
failure to lose the appropriate weight and was given a body fat  measurement
evaluation that indicated that his MAW should  remain  at  184  pounds.   He
received another LOR  on  27 Dec  88  for  failure  to  comply  with  weight
standards at  which  time  he  weighed  202  pounds.   He  was  subsequently
honorably discharged on 14 Oct 89.

DPM indicates that the applicant was clearly  above  his  maximum  allowable
weight for a period of 24 months and at the time of his last weigh in on  27
Dec 88 he was still 18 pounds above  his  MAW.   Therefore,  DPM  recommends
that the request be disapproved.

A complete copy of the advisory is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(Exhibit D).

___________________________________________________________________

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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After reviewing all the  evidence
presented, and in particular the weight management  records  indicating  the
applicant failed  to  lose  the  appropriate  weight  to  meet  his  maximum
allowable weight for continued  service,  we  are  not  persuaded  that  the
applicant has been the victim of  an  error  or  injustice.   Therefore,  we
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion.  Accordingly, in the absence of evidence  to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application

_________________________________________________________________

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 January 2001, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Ms. Clarence D. Long, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 200 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPM, dated 12 Jun 00.
    Exhibit D.  Letter, SAF/MIBR, dated 4 Aug 00.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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