RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-02078
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His involuntary discharge be changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been  granted  a  medical  discharge  for  chondromalacia  of
patella for both knees.  This condition negatively hampered  his  Air  Force
career by not allowing him to maintain a high level of physical readiness.

In support of his appeal,  the  applicant  provided  a  personal  statement,
letters from the  S.W.  Military  Drive  Minor  Emergency  Center,  dated  7
January 2002 and 28  March  2002,  AF  Form  422,  Physical  Profile  Serial
Report, dated 12 February 1975, and other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 October 1970, the applicant enlisted in the Regular Air Force  in  the
grade of airman basic.

A  12  February  1975  Orthopedic  Consultation  indicates  a  diagnosis  of
chondromalacia  patella.   The  physician  prescribed  isometric  quadriceps
exercises and limited aerobic exercises.

A 24 March 1978 medical entry indicates that “No apparent CM  at  this  time
except by history.”  It appears that the physician  recommended  quadriceps-
strengthening exercises.

On 13 July 1981, the applicant was notified of  his  commander's  intent  to
initiate discharge  action  against  him  for  Exceeding  Air  Force  Weight
Standards.  Specific reasons follows:

      On 10 January 1979, he entered into the weight control program  (WCP).
 His maximum weight by Air Force standards was 189 pounds.  He  weighed  212
pounds on 2 January 1979.  He was advised that an  average  weight  loss  of
six  pounds  per  observation  period  (every  60  days)  is   regarded   as
satisfactory progress.  He was counseled on the  provisions  of  AFR  35-11,
monthly checks and administrative actions for failure to progress or  comply
with the weight program.

      On 10  May  1979,  he  was  counseled  concerning  his  unsatisfactory
progress during his scheduled weigh-in  of  2  May  1979.   He  weighed  223
pounds.

      On 13 August 1979,  he  received  a  Letter  of  Reprimand  (LOR)  for
unsatisfactory progress for two 60-day observation periods.  He weighed  218
pounds on 24 July 1979, for a gain of six pounds  since  his  initial  entry
into the program.

      On 6 September 1979, he received an LOR for  continued  unsatisfactory
progress in the WCP.  During his weigh-in on  4 September  1979  he  weighed
217 pounds.

      On 2 November 1979, he weighed 209 pounds for a loss of  eight  pounds
during the 60 day observation period.  No action was taken.

      On 25 January 1980, he received an LOR  for  unsatisfactory  progress.
He weighed 210 pounds on 15 January 1980.

      On 14 March 1980, he weighed  204  pounds  and  on  18  May  1980,  he
weighed 192 pounds.  No action was taken.

       On  25  September  1980,  he  received  an   LOR   for   failure   to
satisfactorily progress on the WCP.  He weighed 217 pounds during his weigh-
in on 23 September 1980.

      On 22 October 1980, he weighed 225  pounds  during  his  in-processing
weight check.  He was referred to the USAF Hospital for  medical  evaluation
and it was determined that his maximum weight should be 200 pounds.

      On 2 December 1980, he was  given  a  letter  outlining  actions  that
would be taken if he did not comply with the provisions of AFR 35-11.

      On 24 December 1980, he received a  Letter  of  Counseling  (LOC)  for
unsatisfactory progress, as he had gained five pounds since his  arrival  at
this unit.  His weight was 230.  He  was  also  ordered  to  weigh-in  every
Friday beginning 9 January 1981 until he was removed from the program.

      On 24 February 1981, he was placed on the control roster for a  period
of 120 days for continued unsatisfactory progress on the WCP.

      On 28 April 1981, he received an LOR for unsatisfactory progress.   He
had gained two pounds during the  60-day  observation  period.   He  weighed
232.

      On 25 June 1981, he weighed 232 pounds.   This  was  unacceptable  and
was not   tolerated.  His  failure  to  comply  with  Air  Force  directives
created doubt as to his desire and suitability to  continue  in  the  United
States Air Force.

The commander indicated in his  recommendation  for  discharge  action  that
probation and rehabilitation was not recommended.  The  applicant  had  been
given ample time to conform to the Air Force weight standards.  His  failure
to meet the established standards had created doubt as  to  his  desire  and
suitability for continued service with the United States Air Force.

The commander advised the applicant of his right to present his case  before
an  administrative  discharge  board,  consult  legal  counsel  and   submit
statements in his own behalf; or waive the  above  rights  after  consulting
with counsel.

After consulting with counsel, applicant waived his right to  appear  before
an administrative discharge board  and  to  submit  statements  in  his  own
behalf.

The applicant’s Report of Medical History, prepared in conjunction with  his
pending separation, dated 15 July 1981 indicates he was in good health.

On  20  July  1981,  the  discharge  authority  approved   the   applicant’s
discharge.

A resume of the applicant's performance reports since 1990 follows:

            PERIOD ENDING         OVERALL EVALUATION

                  8 Feb 78              8
                 31 May 78              LOE
                 28 Sep 78              9
                 24 May 79              9
                 31 Mar 80              9
                  5 Sep 80              9
                 17 Jun 81              9





Applicant was honorably discharged on 20 July 1981, in the  grade  of  staff
sergeant, under the provisions of AFR  39-10  (Exceeding  Air  Force  Weight
Standards).  He served a total of 10 years, 8 months and  28 days  of  total
active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommended denial.   The  Consultant  indicated
that the  applicant,  with  a  lifelong  history  of  weight  problems,  had
recurring problems exceeding Air Force weight standards beginning  in  1973.
He was diagnosed with  chondromalacia  patellae  (now  termed  retropatellar
pain syndrome or patellofemoral pain syndrome) in 1975.  This  is  a  common
condition that usually responds well  to  strengthening  of  the  quadriceps
muscles and nonsteroidal anti-inflammatory medications.   Despite  his  knee
condition, he was able to lose weight to meet Air Force Weight Standards  in
1978.  In January and February 1979 he complained of knee pain with  running
but between May 1979 and May 1980 he lost 30 pounds.  Despite this  success,
he rapidly regained  his  weight,  then  did  not  lose  it  again  and  was
administratively discharged from the Air Force in July 1981.   There  is  no
documentation in the service  medical  records  that  his  failure  to  meet
weight standards in 1981 was due to retropatellar pain  syndrome  preventing
exercise.  Medical record entries for this final  period  of  time  have  no
report of complaints of knee pain limiting his ability to exercise.   Action
and disposition in this case are proper and equitable reflecting  compliance
with Air Force directives that implement the law.

The evaluation is at Exhibit C.

AFPC/DPPD recommended denial.  They indicated that the applicant received  a
physical examination on 16 July 1981 in  conjunction  with  his  involuntary
discharge action for failing to meet Air Force Weight Control Program  (WCP)
standards.  The examination resulted in his being found fit  for  separation
with no unfitting physical profiles at that time.  His  performance  reports
verifies that he was reasonably capable of performing  his  military  duties
as a personnel technician up  until  his  discharge.   His  medical  records
reflect that he was treated for various medical  conditions  throughout  his
career.  The fact he may have been treated for a medical condition does  not
automatically mean the condition is unfitting for  military  service.   DODI
1332.38 and military disability laws and policy rate overweight and  obesity
as an unsuiting rather than unfitting condition and are not ratable  in  the
absence of an underlying ratable  causative  disorder.   The  Department  of
Veterans Affairs (DVA) denied his claim for  chondromalacia  patella  during
their evaluation in September 2000.  The applicant  has  not  submitted  any
documentation to substantiate his claim that his medical condition  for  his
knees was unfitting at the time of his involuntary discharge for failing  to
meet the Air Force WCP standards.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 February 2003, copies of the Air Force evaluations were  forwarded  to
the applicant for review and response within thirty (30) days.  As  of  this
date, no response has been received by this office.

____________________________ ____________________________________

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  thoroughly  reviewing  the
evidence of record, we are not persuaded that the  applicant  has  been  the
victim of either an error or an injustice.   The  Board  believes  that  the
discharge apparently complied with the governing  regulation  in  effect  at
that time; responsible officials applied appropriate standards in  effecting
the separation, and  the  Board  does  not  find  persuasive  evidence  that
pertinent regulations were violated or that applicant was not  afforded  all
the rights to which entitled at the time of  discharge.   In  this  respect,
the applicant has not established that his  knee  condition  was  so  severe
that it impacted his duty performance.  Further, we find no evidence in  his
records that his knee condition prevented him  from  meeting  standards  for
Air Force weight management.  In view of  the  above  finding,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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 AFBCMR Docket Number  BC-2002-
02078 in Executive Session on 3 April 2003, under the provisions of AFI  36-
2603:

                 Mr. Jackson A. Hauslein, Jr., Panel Chair
                 Mr. Christopher Carey, Member
                 Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 June 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant,
                 dated 13 January 2003.
   Exhibit D.  Letter, AFPC/DPPD, dated 19 February 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 28 February 2003.



                       JACKSON A. HAUSLEIN, JR.
                       Panel Chair