RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01149
            INDEX CODE:  110.00

            COUNSEL:  None

            HEARING DESIRED: Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His narrative reason for discharge  be  changed  from  failure  to
maintain weight to a psychological condition.

2.  He be reinstated into the Air Force as an E-5.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His weight problems were a result of other  underlying  conditions  in
his  life.   He  was  suffering  from  stress,  depression,   anxiety,
financial and personal problems, divorce, was in  two  car  accidents.
He received no support from his shop or squadron even  though  he  had
informed them of his situation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 February 1993 for  a
period of six years as an airman basic.

On 28 December 1999, the applicant was placed on the Weight  and  Body
Fat Management Program (WBFMP).  At that time, the  applicant  weighed
206 pounds with a body fat measurement of  26  percent.   His  maximum
allowable weight was 186 ½ pounds and a  maximum  allowable  body  fat
measurement of 24 percent.

On  23  March  2001,  the  applicant's  commander  recommended  he  be
discharged for Failure in the WBFMP.  The reasons  for  the  discharge
action were:

      a.  On 31 May 2000, the applicant failed to make  satisfactory
progress in Phase 1 of the WBFMP in  that  he  failed  to  lose  the
required five pounds or one percent  body  fat  since  his  previous
weight check on 28 April 2000.  For this  misconduct  the  applicant
received a Letter of Counseling (LOC) dated 5 June 2000.

       b.   On  2  August  2000,  the  applicant  failed   to   make
satisfactory progress in Phase 1 of the WBFMP in that he  failed  to
lose the required five pounds or one  percent  body  fat  since  his
previous weight check on  28  June  2000.   For  this  failure,  the
applicant received a Letter of Reprimand (LOR) dated 21 August 2000.

       c.   On  8  November  2000,  the  applicant  failed  to  make
satisfactory progress in Phase 1 of the WBFMP in that he  failed  to
lose the required five pounds or one  percent  body  fat  since  his
previous weight check on 10 October 2000.  The applicant received an
LOR for this failure and an Unfavorable Information File  (UIF)  was
established.

      d.   On  16  February  2001,  the  applicant  failed  to  make
satisfactory progress in Phase 1 of the WBFMP in that he  failed  to
lose the required five pounds or one  percent  body  fat  since  his
previous weight  check  on  12  January  2001.   For  this  failure,
discharge action was initiated.

The commander advised the applicant of his right  to  consult  legal
counsel and that military legal counsel had been obtained  for  him;
to submit statements in his own behalf; or waive  the  above  rights
after consulting with counsel.

On 26 March 2001,  after  consulting  with  counsel,  the  applicant
waived his right to submit a statement.

The commander indicated in his recommendation for discharge that the
applicant was given  numerous  opportunities  to  make  progress  in
WBFMP.  The applicant was repeatedly counseled  and  issued  several
forms  of  administrative  actions  in  an  effort  to   bring   his
(applicant’s) weight  and  body  fat  in  compliance  to  Air  Force
standards.  The  commander  further  recommended  the  applicant  be
discharged without probation and rehabilitation.

A legal review was conducted on 28 March 2001, in  which  the  staff
judge advocate recommended  the  applicant  be  discharged  with  an
honorable discharge with no probation and rehabilitation.

On 29 March 2001, the discharge authority approved the discharge.

Applicant was honorably discharged on 30 March 2001, in the grade of
senior airman,  in  accordance  with  AFI  36-3208  (weight  control
failure).  He served a total of 8 years, 1  month  and  14  days  of
active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief  Medical  Consultant,  AFBCMR,  states  the  applicant  was
discharged due to his failure to progress  in  the  weight  management
program (WMP).  When the applicant entered the WMP he had been cleared
medically to participate in the program, thus indicating there were no
medical conditions causing the  applicant's  weight  problems  or  any
conditions that  would  prohibit  him  from  safely  participating  or
preventing him from losing weight  if  he  followed  the  dietary  and
exercise  regimens  that  were  prescribed  by   the   program.    The
applicant’s service medical records were  not  available  for  review,
however, the WMP program is  integrated  with  the  medical  treatment
facility and medical evaluation is available if concerns  arise.   The
applicant contends  that  outside  factors  contributed  to  his  non-
satisfactory progress  in  the  WMP,  however,  at  the  time  of  his
disciplinary actions for failure in the program, he did not raise  any
issue of medical or other reasons, nor did he provide any evidence for
his failure in the program.  The  Medical  Consultant  recommends  the
requested relief be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPRS  states  they  believe  the  applicant’s  discharge  was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation.  Also,  the  separation  was  within  the  sound
discretion of the discharge authority.  Furthermore, the applicant has
provided no evidence or identified any errors or injustices  that  may
have occurred during  the  discharge  process,  nor  has  he  provided
evidence to warrant a change in his  discharge.   They  recommend  the
applicant’s request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
23 January 2004, for  review  and  response.   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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  The applicant’s contentions  are
duly noted, however, he has submitted insufficient evidence to support
these contentions.  The applicant was discharged due to unsatisfactory
progress in the WBFMP.  The AFBCMR Medical Consultant  notes, there is
no  documentation  in  the  applicant’s  records  indicating  he   was
experiencing or  treated  for  any  medical  condition  or  any  other
condition  that  would  have   prohibited   him   from   participating
successfully in the  WBFMP.   It  appears  the  applicant’s  commander
provided the applicant ample  opportunity  for  rehabilitation  before
initiating discharge action.  Therefore, we agree  with  the  opinions
and recommendations of the AFBCMR Medical Consultant and the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
either an error or an injustice.  Therefore, we  find  no  basis  upon
which to recommend favorable action on this application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-01149 in  Executive  Session  on  24  February  2004,  under  the
provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. John B. Hennessey, Member
                       Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 24 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR Medical Consultant, dated
                 26 Nov 03.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 20 Jan 04.
      Exhibit E. Letter, SAF/MRBR, dated 23 Jan 04.
      Exhibit F. Letter, Applicant’s Response, dated 8 Feb 04.




                       OLGA M. CRERAR
                       Panel Chair