RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03270

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge be corrected to reflect that he received  a  medical
disability discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While on active duty on 3 February 1986, he injured his back  while  playing
racquetball.  He complained about pain in his right buttock and  lower  back
with numbness and weakness in his right leg.   The  final  diagnosis  was  a
lumbar strain or tear, with the possibility  of  a  disc  problem  (Physical
Therapy Consultation, dated 11 Feb 86).  This was treated with 72  hours  on
quarters, bed rest, analgesics, muscle relaxer, and  physical  therapy.   On
3 March 1986, he reinjured his back pushing a mobility bin.  He  was  placed
on  quarters  for  72  hours  with  Suprol,  Valium  and  Tylox  with   some
improvement in his pain but  still  with  significant  residual  discomfort,
therefore, he was admitted to the hospital.  On 6 May 1986, Dr.  C----,  PA,
again saw him for lower back pain and a sore right hip.  He  was  placed  on
quarters for 72 hours with complete bed  rest  along  with  Tylenol  #3  and
Indocin SR.

On 4 September 1987, Dr. M---- informed him  that  he  was  being  seen  for
initial intake referral for the weight  management  program.   He  discussed
the options and the squadron’s weight standards.  He informed Dr.  M----  of
his medical problem with his lower back, right hip and right leg, also  that
he was seeing a physical therapist.  In addition, on  3  February  1986,  13
March 1986, 29 May 1986 and 10 April  1987,  he  received  physical  profile
serial reports.  In these  profiles,  he  was  instructed  to  decrease  his
activities with no lifting, pushing, pulling,  climbing,  jumping,  jogging,
aerobics, stooping, prolonged standing, sitting and  walking,  and  that  he
should be utilized where he could change positions  frequently.   Dr.  M----
told him to keep seeing the physical therapist, and that  he  would  contact
him about a complete physical profile change and that he should  be  hearing
from him in the near future.  Dr. M---- also stated that he would  tell  his
squadron commander about  his  medical  condition  and  that  he  should  be
removed from the weight management program.  He did not hear or see Dr. M---
- again.

In March 1988, he was informed that he would be discharged  in  April  1988.
At that time, he did not know why he was being discharged.

In support of his application, he submits a personal letter, a  copy  of  DD
Form 214, Certificate of Release or Discharge from Active  Duty,  copies  of
medical records, and a letter from his Representative

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  19  June  1974  and  was
progressively promoted to the grade of staff  sergeant.  He  was  discharged
under the provisions of  AFR  39-10,  (Early  Separation  Program,  Strength
Reduction) from the Air Force on 5 April 1988 with  an  honorable  discharge
with a reenlistment code of 4J, indicating he was on the  Weight  Management
Program at the time of his discharge.  He served 5 years,  6  months  and  6
days of total active duty service.

The medical records show  that  the  applicant  experienced  low  back  pain
diagnosed as lumbar strain 3 February 1986 as a result  of  playing  racquet
ball with repeat strain while performing duties on 3  March  1986.   He  was
hospitalized for bed rest and therapy on 3-13 March 1986.   He  remained  on
physical profiles limiting duty until the expiration on the last  documented
physical profile 13  June 1986.  After 13 June 1986, there  are  no  records
of low back pain.  His enlisted performance reports  reflected  satisfactory
duty  performance  without  comments  suggesting   duty   limiting   medical
problems.  The 4  September  1987  Mental  Health  Clinic  note  reflects  a
diagnosis of psychological factors affecting physical  condition  and  makes
no record of complaints of back pain as a reason for his weight problem.

There are no discharge documents in his records  other  than  DD  Form  214,
Certificate of Release or Discharge from Active Duty. His  records  indicate
that on 6 March 1987, applicant was notified by his  commander  he  was  not
recommending him for promotion to technical sergeant because of  an  Article
15 in July 1986 for theft, several letters of counseling for being  late  to
work and his lack of satisfactory progress in the Weight Management  Program
(referred in  Sep  87).   Applicant  acknowledged  the  notification.   Upon
review of his last two performance reports (Oct 87 and Oct  86),  his  rater
stated member lacked  self-motivation  and  needed  to  reevaluate  his  job
performance and get his priorities in order, he needed  more  initiative  to
ensure his tasks were  completed  properly  and  in  a  timely  manner,  and
recommendation was made that he should be removed from the  Support  Section
and placed back in his Air Force Specialty.

_________________________________________________________________
AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted. The  applicant  was  discharged  under  the  Early  Separation
Program.  At the time of his discharge, he  was  in  the  weight  management
program, and his reenlisted code of 4J reflects that he was in  Phase  I  of
the WMP.  The reenlistment code does not reflect the reason  for  discharge,
merely his eligibility for reenlistment.  According to Air Force  Regulation
(AFR) 35-16 the USAF Reenlistment, Retention, and NCO Status Programs,  para
6-19, Reenlistment Eligibility Correlation with Air  Force  Weight,  Medical
and Fitness Standards, a. “Airmen who are entered into and serving in  Phase
I of the Air Force  Weight  Management  Program  (WMP),  are  ineligible  to
reenlist (Table 6-4,item 10, RE  code  4J).   This  ineligibility  condition
applies to all airmen who are in Phase I of the program, regardless  whether
the  airman  is  making  satisfactory  or  unsatisfactory  progress  in  the
program.  The reenlistment ineligibility condition applies only to  phase  I
of the WMP.  Reenlistment eligibility is restored  once  the  airman  enters
Phase II or the  probation  period  of  the  WMP,  provided  the  airman  is
otherwise eligible.  Airmen who require retainability to  complete  Phase  I
may request an extension of enlistment according to table 7-1, rule 27.”

The service medical record  reveals  no  medical  condition  that  made  the
applicant unfit for duty and  required  processing  through  the  Air  Force
Disability Evaluation System.  Action  and  disposition  in  this  case  are
proper and equitable reflecting compliance with  Air  Force  directive  that
implement the law.

BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPRS recommended denial and stated that the applicant did  not  submit
any new evidence or identify any errors or injustices that occurred  in  the
discharge authority.  Furthermore, based on documentation in the file,  they
believe the  discharge  process  was  consistent  with  the  procedural  and
substantive requirements of the  discharge  regulation.   Additionally,  the
discharge was within the discretion of the discharge authority.
AFPC/DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  17
January 2003 for review and comment within 30 days.  As of this  date,  this
office has received no response.

_________________________________________________________________

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 that failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of  the  case  and  do
not find that it supports a determination that  the  applicant  should  have
been medically discharged.  As indicated  by  the  BCMR  Medical  Consultant
none of the applicant’s medical conditions  made  the  applicant  unfit  for
duty and required processing through the  Air  Force  Disability  Evaluation
System. We therefore agree with the recommendations of  the  Air  Force  and
adopt the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has  suffered  either  an
error or an injustice. Therefore, 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 a 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  Docket  Number  02-03270  in
Executive Session on 25 March 2003, under the provisions of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Ann-Cecile McDermott, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Dec 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 10 Jan 03.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 03.




                                             ROBERT S. BOYD
                                             Panel Chair