RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02917
            INDEX CODE:  100.03, 100.06
            COUNSEL:  American Legion

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he may  enlist  in
the Reserves or National Guard.

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APPLICANT CONTENDS THAT:

He was discharged for failing weight control  standards.   As  part  of  the
weight control program, he received a medical evaluation that identified  an
elevated enzyme that caused him to retain fluids but he  was  not  medically
treated to correct the problem.

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

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STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  10  Jun  75  and  was
progressively promoted to the grade of staff sergeant, having  assumed  that
grade effective and with a date of rank of 1 Sep 80.

On 16  Jul  90,  applicant  was  notified  by  his  commander  that  he  was
recommending that he be discharged from the Air  Force  in  accordance  with
AFR 39-10, paragraph 5-26f,  for  unsatisfactory  performance,  -  exceeding
weight standards.  The specific reason for this action was  his  failure  to
make satisfactory progress in the Weight Management Program  (WMP)  on  nine
occasions.   He  received  three  Letters  of   Reprimand,   a   Letter   of
Admonishment, and two Letters of Counseling.  He was advised of  his  rights
and after consulting counsel he waived his right  to  a  hearing  before  an
administrative discharge board contingent upon receiving  no  less  than  an
honorable discharge.  In a legal review of the case, the  wing  staff  judge
advocate found the case  legally  sufficient  and  recommended  that  he  be
discharged   with   an   honorable   discharge,   without   probation    and
rehabilitation.  On 19 Jul 90, the discharge authority  concurred  with  the
recommendation  and  directed  that  he  be  honorably  discharged   without
probation and rehabilitation.  He was discharged from the Air  Force  on  20
Jul 90.  He served 15 years, 1 month, and 11 days on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of  the  applicant's  request.
The Medical Consultant states that he was  administratively  discharged  for
repeated failure to maintain his weight within Air Force standards.   Review
of his service medical records finds no  evidence  of  a  medical  condition
that would explain his obesity and inability to maintain his  weight  within
standards.  His mildly elevated liver  enzymes  were  not  a  cause  of  his
obesity.  The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPAE recommends denial of the applicant's request.  DPPAE states  that
a review of his records reveals that on 1 Feb 88  he  was  enrolled  in  the
"Shape-Up - Pounds Down Amnesty Program", a probationary period intended  to
enable him to come within standards.  He failed to  make  progress  on  nine
occasions.  His current RE code is correct.   The  DPPAE  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  10
Jan 03 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  injustice  that  would  warrant  corrective  action.   Even
though we are not persuaded by the evidence provided by the  applicant  that
the actions  taken  to  effect  his  separation  were  improper  or  not  in
compliance  with  the  appropriate  regulations,  it  is  our  opinion  that
correction of his RE code to  a  waiverable  code  is  warranted.   In  this
respect, the Board noted that the applicant  served  his  country  honorably
and faithfully for over 15 years and we  believe  that  a  good  probability
exists that he may be able to provide effective and  meaningful  service  to
our nation as a member of the Reserves or National Guard.   Whether  or  not
he is successful will depend on his ability to meet  current  standards  and
the needs of the service.  Our recommendation in no way guarantees  that  he
will be  allowed  to  return  to  any  branch  of  service.   Therefore,  we
recommend that his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 20 July  1990,  he  was  separated
with a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered  Docket  Number  BC-2002-02917
in Executive Session on 27 Mar 93, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Laurence M. Groner, Member
      Ms. Rita J. Maldonado, Member

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

    Exhibit A.  DD Form 149, dated 6 Sep 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 12 Nov 02.
    Exhibit D.  letter, AFPC/DPPAE, dated 18 Dec 02
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.




                             RICHARD A. PETERSON
                                             Panel Chair

AFBCMR BC-2002-02917




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 APPLICANT, be corrected to show that on 20 July 1990, he was
separated with a reenlistment eligibility (RE) code of 3K.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency