RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02277
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code be changed so that he may  be  entitled  to  educational
benefits.

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APPLICANT CONTENDS THAT:

He was never told that his  discharge  would  result  in  the  loss  of  his
educational benefits.  He is now enrolled  in  an  educational  program  and
needs the benefits to avoid a debt.

In support of his request, applicant provided a copy of  his  DD  Form  214,
Certificate  of  Discharge  or  Release  form  Active  Duty.   His  complete
submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  29  May  96.   He  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with a date of rank of 23 Oct 97.  On  17  Feb  99,
he was notified by his  commander  that  he  was  recommending  that  he  be
discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-
3208, paragraph 5.65.  The specific reasons for his action was  that  on  22
Sep 97. 29 Apr 98, 11 Jun 98, and 12  Jan  99  he  failed  mandatory  weight
check/body fat measurements.  He received a letter  of  counseling  and  two
letters of reprimand.  He acknowledged receipt of the notification  on  that
same date.  He elected to waive his right to consult counsel and waived  his
right to submit a statement on his own behalf.  In a  legal  review  of  his
case the wing staff judge advocate found the case legally  sufficient.   The
discharge authority concurred with the recommendation and directed  that  he
be  discharged  without  probation  and  rehabilitation  and  furnished   an
Honorable Discharge certificate.  The applicant was  discharged  on  29  Mar
99, he served 2 years, 9 months, and 27 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPAT reviewed applicant's request and states  that  Title  38,  U.S.C.
requires an individual seeking  benefits  to  serve  a  specific  amount  of
active duty and receive an honorable discharge.  Individuals discharged  for
weight control failure must serve a full term of  service.   The  Department
of Veterans Affairs (DVA) may award benefits if an early separation  is  due
to  hardship,  service-connected  disability,   a   prior-existing   medical
condition, reduction in force, or at  the  convenience  of  the  government.
Individuals separated for weight control do  not  fall  into  any  of  these
categories.  The applicant served 2 years, 9 months, and 27 days  of  his  4
year active duty commitment, he did not complete enough service  to  qualify
for Montgomery GI Bill (MGIB) benefits.  The DPPAT evaluation is at  Exhibit
C.

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states  that  the  discharge  was  consistent  with   the   procedural   and
substantive requirements of the discharge regulation; and,  was  within  the
discretion of the discharge authority.  The applicant  did  not  submit  any
new evidence or identify any errors  or  injustices  that  occurred  in  the
discharge processing.  The DPPRS evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  30
Aug 02 for review and comment within 30 days.  As of this date, this  office
has received no response.

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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 error or injustice.   While  the  Board  finds  his  desire  to
pursue a higher education commendable, the Board majority is  not  persuaded
that a change to his narrative reason for separation and  the  corresponding
separation code is warranted.  Evidence has not been  presented  that  would
lead the Board majority to  believe  that  the  actions  taken  against  the
applicant were improper or contrary  to  the  provisions  of  the  governing
regulations in effect at the time.  Therefore,  the  Board  majority  agrees
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopts their rationale as the basis for their  conclusion
that he has not been the victim of an error or injustice.   In  the  absence
of persuasive  evidence  to  the  contrary,  the  Board  majority  finds  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

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The following members of the Board  considered  Docket  Number  02-02277  in
Executive Session on 17 Oct 02, under the provisions of AFI 36-2603:

      Mr. Jackson A. Hauslein, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Rita S. Looney, Member

By a majority vote, the Board recommends denial  of  the  application.   Ms.
Loeb voted to grant his request,  but  elected  not  to  submit  a  minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jul 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAT, dated 31 Jul 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 15 Aug 02.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Aug 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency