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AF | BCMR | CY2003 | BC-2002-04001
Original file (BC-2002-04001.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-04001

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

During three years of his enlistment,  weight  standard  checks  were  never
performed properly and everything was taken care of on paper, with  everyone
passing.  However, prior to his promotion to the grade of senior airman  (E-
4), there was a change in command and he failed Air Force  weight  standards
and his promotion was withheld.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 July 1981 for a  period
of four years.

On 29 June 1984, his weight was 224 pounds, which exceeded the  maximum  Air
Force weight standard of 205.

On 10 August 1984, he was placed on the Weight Management Program (WMP).

In a letter, dated 18 September 1984, the commander notified  him  that  his
promotion to the grade of senior airman, that  was  to  be  effective  on  1
October 1984, was being withheld because he was on the WMP.

The commander denied him award of the Air Force Good Conduct  Medal  (AFGCM)
for the period 8 July 1984 to 13 January 1985.


On 14 January 1985, the applicant received  a  referral  Airman  Performance
Report (APR) for the period 5 May 1984 through 14 January 1985, because  the
report contained comments regarding his unsatisfactory progress on the WMP.

He was honorably discharged on 5  July  1985,  for  expiration  of  term  of
service and was issued an RE code of 4J (Entered into Phase  I  of  the  Air
Force Weight Management Program, or the  unit  commander  has  declared  the
airman ineligible to reenlist for a period of Phase II  or  probation).   He
completed 3 years, 11 months, and 28 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states,  in  part,  that
after  enrollment  in  the  WMP  due  to  his  failure  to  maintain  weight
standards, the applicant consistently failed to  maintain  weight  standards
leading to a referral APR and promotion withhold  status.   He  states  that
his weight was  incorrectly  checked  until  it  was  time  for  him  to  be
promoted.  However, his records do not indicate that  his  weight  case  was
incorrectly processed.

The AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 28 February 2003 for review and response within 30 days.  However, 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.  After thoroughly reviewing  the  available
evidence of record and noting the applicant’s complete submission,  we  find
no evidence of error or injustice.  In this respect, the  discharge  appears
to be in compliance with the governing regulation in effect at the  time  of
his separation.  The applicant has provided no  evidence  to  indicate  that
his separation was inappropriate.  His assigned RE  code  of  4J  accurately
reflects that he was enrolled in the Weight Management Program (WMP) at  the
time of his separation.  Furthermore, RE code 4J  is  a  code  that  can  be
waived for prior service enlistment consideration, provided applicant  meets
all other requirements  for  enlistment  under  an  existing  prior  service
program.  Whether or not he is successful will depend on the  needs  of  the
service and there is no guarantee that he will be allowed to return  to  any
branch of the service.  Absent  persuasive  evidence  applicant  was  denied
rights to which entitled, appropriate  regulations  were  not  followed,  or
appropriate standards were not applied, we find  no  basis  to  disturb  the
existing record.

_________________________________________________________________

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  Docket  Number  BC-2002-04001
in Executive Session on 8 May 2003, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. James W. Russell, III, Member
                       Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Dec 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 21 Feb 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Feb 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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