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AF | BCMR | CY2003 | BC-2002-03431
Original file (BC-2002-03431.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-03431
            INDEX CODE 110.02
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his discharge be changed so that his Veterans
Affairs (VA) benefits can be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged under the Weight Management Program  (WMP)  and  was
denied VA benefits. The Air Force’s weight standards at the time  were
not consistently applied and  different  standards  were  enforced  at
different units.  His height and maximum weight were  changed  several
times. His unit commander changed and  her  standards  were  different
than the previous commander’s.  When  he  attempted  to  purchase  his
first home, he discovered he was not entitled to VA benefits.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  24  Feb  86.  His
entrance exam reflected he was 69½ inches tall and weighed 188 pounds.


The applicant’s specific WMP records are no longer in his  records  as
they are destroyed when a member is discharged.

A medical entry dated 2 Dec 86 indicates the  applicant  was  referred
for a reducing diet with a height of 69½ inches and a  weight  of  203
pounds. The maximum allowable weight (MAW) indicated was 191½ pounds.

A 3 Dec 86 diet specialist notation reflected the  applicant’s  weight
at 206½ pounds and his height at 70 inches. On 17 Dec 86,  he  weighed
203 pounds. On 31 Dec 86, he was weighed in his unit’s  orderly  room.
He had gained 2¾ pounds instead of losing the  required  five  pounds.
For this he received a Letter of Reprimand (LOR) dated 8 Jan 87.  This
constituted his first failure in the WMP. He was also advised  that  a
future  unsatisfactory   period   could   result   in   administrative
separation. On 17 Jun 87, he  received  another  LOR  for  gaining  2¾
pounds.

On 17 Jun 87, the applicant was advised that his promotion  to  airman
first class, which would have been effective on 24 Jun 87,  was  being
withheld from 24 Jun 87 until the reason  necessitating  the  withhold
action (entry in WMP) no longer existed and  he  was  recommended  for
promotion.

On 9 Oct 87, he received an LOR for gaining 7½ pounds and  was  placed
on the Control Roster.

Another LOR was issued on 5 Nov 87 for failure to go to his  appointed
place of duty and  failure  to  report  to  the  hospital  for  proper
disposition. This LOR reflects a different squadron commander than the
previous LORs.  A Report of  Individual  Counseling  dated  6  Nov  87
indicated the applicant had been advised he was being  considered  for
discharge for failure to progress in the WMP.

A physical exam on 12 Jan 88 indicates a weight  of  209  pounds,  and
that he was overweight by 15 pounds.  A  13  Jan  88  LOR  states  the
applicant had gained 10 pounds when he was weighed on 6 Jan 88.

On 15 Jan 88, the Airman  Performance  Report  (APR)  for  the  period
24 Feb 87 through 15 Jan 88 was referred to the applicant  because  it
contained comments regarding his unsatisfactory progress in  the  WMP.
He was not recommended for promotion and the  overall  rating  was  6.
His only other APR, for the period 24 Feb 86 through 23 Feb 87, had an
overall rating of 8.

On 8 Feb 88, he was notified of his commander’s  intent  to  recommend
discharge for failure to progress in the WMP. The applicant waived his
right to counsel and to submit statements. The case was found  legally
sufficient on 12 Feb 88 and, on 17 Feb  88,  the  discharge  authority
directed the applicant be separated with an honorable discharge.

He was honorably discharged on 18 Feb 88 in the grade  of  airman  for
exceeding Air Force weight standards, and with 1 year, 11  months  and
25 days of active service.

According to  the  Department  of  Veterans  Affairs  (DVA)  handbook,
Federal Benefits for Veterans and Dependents, in order to be  eligible
for home loan guaranties, a veteran must have a good credit rating, an
income sufficient to support mortgage payments, and agree to  live  in
the property. Eligibility varies with service.  Post-Vietnam  veterans
like the applicant who separated between 8 Sep 80 and 1 Aug 90 had  to
complete 24 months of continuous active duty or the  full  period---at
least 181 days---for which the person was called or ordered to  active
duty, and be discharged under conditions other than  dishonorable;  or
complete at least 181 days of active duty with a hardship, convenience
of the government, reduction in force or service-connected  disability
discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSFM notes that,  contrary  to  the  applicant’s  contention,
there  is  no  documentation  in  the  discharge  package   that   the
applicant’s height or weight maximum ever  changed.   Both  commanders
were consistent with the governing directive and their application  of
administrative actions.  They recommend denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPRS provide their rationale for recommend denial.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 3 Jan 03 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 the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant changing the  narrative
reason for the applicant’s discharge.  The  applicant  claims  his  VA
benefits have been denied but we cannot determine with  any  certainty
what benefits, if any, have been denied or why. The VA has  apparently
established certain criteria in order for individuals to qualify for a
home loan. Whether or not the applicant has satisfied that criteria is
best left to the VA. As for his contentions  regarding  the  WMP,  the
available  evidence  would  indicate  he  did  not  make  satisfactory
progress in the program. He has not demonstrated to  our  satisfaction
that his commanders did not properly or  consistently  apply  the  WMP
standards in effect at the time, or that the reason for his  discharge
should be anything other than the  one  he  was  correctly  given.  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 of having  suffered  either
an error or an injustice. In view of the above and  absent  persuasive
evidence to the contrary, 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 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 17 April 2003 under the  provisions  of  AFI  36-
2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Mr. Robert H. Altman, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2002-03431 was considered:

   Exhibit A.  DD Form 149, dated 2 Oct 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 11 Dec 02.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 19 Dec 02.
   Exhibit E.  Letter, SAF/MRBR, dated 3 Jan 03.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair

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