RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04111
            INDEX CODE:  110.00

            COUNSEL:  None

            HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The “JCR” (Weight Control Failure) separation program designator (SPD)
code he received be fixed or upgraded so he is  not  required  to  pay
back the bonus he received when he enlisted in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he was being separated, his commander  told  him  the  separation
code he was receiving would not require him  to  repay  the  bonus  he
received when he enlisted.  He was also told he would be able to  have
access to the base and use the commissary for two years.  He does  not
believe  his  separation  code  is  correct,  in  fact,  when  he  was
discharged he was  at  20  percent  body  fact,  which  is  considered
satisfactory under the Weight and Body Fat Management Program (WBFMP).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28  March  2001  for  a
period of six years as an airman  basic  and  served  as  a  Munitions
Apprentice.  For entering the Air Force as a munitions apprentice,  he
received a $9,000.00 (less taxes) Initial Enlistment Bonus  (IEB)  for
enlisting for a period of  six  years  upon  completion  of  technical
training school and or 20 weeks whichever came first.  In his case, he
was paid upon completion  of  his  technical  training.   The  Defense
Finance and Accounting Service  (DFAS)  advised  the  BCMR  staff  the
applicant was paid $9,000.00 less $2,475.00 in  taxes  for  a  net  of
$6,525.00.  He was required to pay back $6,129.17 of unearned IEB.  He
earned $395.83.

On or about 30 November 2001, the applicant weighed 238.25 pounds  and
had a body fat measurement of 22 percent.  The maximum
allowable weight in the Air Force for a male 29 years old  or  younger
at the applicant’s height was 218 pounds with a body fact  measurement
of 20 percent.  The applicant underwent a  medical  evaluation  on  14
December 2001 and was medically cleared to enter the mandatory  90-day
exercise program on 19 December 2001.  He received dietary  counseling
on 9 January 2002.

On  18  December  2002,  the  applicant's  commander  recommended  the
applicant be discharged for Failure in the WBFMP.  The reasons for the
discharge action were:

      a.  On 14 June 2002, 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  13  May  2002.   For  this  failure  the  applicant
received verbal counseling on 19 June 2002.

      b.  On 26 July 2002, 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 14 June  2002.   For  this  failure,  the  applicant
received a Letter of Reprimand (LOR) dated 5 August 2002.

      c.  On  27  September  2002,  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 26 August 2002.  The applicant received  an
LOR  for  this  failure  on  1  October  2002  and  an   Unfavorable
Information File (UIF) was established.

       d.   On  28  October  2002,  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 27 September 2002.  For this  failure,  the
applicant received a LOR on 14 November 2002 and a copy  was  placed
in his UIF.

In the recommendation for discharge, the commander cited the following
derogatory information:

      a.  Letter of Counseling (LOC) dated 1 November 2001 for being
late for duty.

      b.  LOC dated 1 November 2001 for being late for duty.

      c.  Article 15, for indecent assault dated 23 January 2002
(Reduced to AB with a date of rank of 23 January 2002).

      d.  Denial of Good Conduct Medal Memorandum dated 20 February
2002.

      e.  Fraudulent Entry Memoranda, 13 April 2002 and 27 April
2001.

      f.  Notification of nonrecommendation for promotion dated
18 September 2002.

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 18 December 2002, after consulting with  counsel,  the  applicant
invoked his right to submit a statement.

The commander indicated in  his  recommendation  for  discharge  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 6 January 2002, in which  the  staff
judge advocate recommended  the  applicant  be  discharged  with  an
honorable discharge with no probation and rehabilitation.

On 10 January 2003, the discharge authority approved the discharge.

Applicant was honorably discharged on 26 February 2003, in the grade
of airman basic, in accordance  with  AFI  36-3208  (weight  control
failure) with an reenlistment eligibility (RE) code of  “4B,”  which
indicates the applicant was honorably separated for  exceeding  body
fat standards and an SPD  code  of  “JCR”,  which  indicates  weight
control failure.  He served a total of 1 year, 10 months and 29 days
of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DFPSFOC states once a servicemember is placed into phase 1 of the
weight and body fat management program they are weighed  and  measured
monthly.  Once the servicemember is identified as being over body  fat
they must reduce their body fat by one  percent  each  month  or  lose
three pounds (women) or five pounds (men) each month and body fat  and
weight loss are not cumulative.

The  unit  commander  in  accordance  with  AFI  40-502  will  make  a
recommendation in writing to the installation commander on whether  to
retain, discharge, or separate the servicemember upon their fourth  or
subsequent weigh in the WBFMP.

Commanders,  supervisors  and  other  persons  in  authority  can  use
administrative counseling,  admonitions  and  reprimands  to  improve,
correct and instruct subordinates who are not following the  standards
of performance, conduct, bearing and integrity, on and off duty.

DFPSFOC 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.

HQ AFPC/DPPAE states when the applicant enlisted in the Air  Force  he
received a $9,000.00 (less taxes) IEB.  The recoupment of a  bonus  is
determined by the separation program designator (SPD) code  issued  at
the time of discharge and not the characterization of  the  discharge,
as outlined in the Defense Finance and Service (DFAS) pay manual.  The
applicant’s Air Force Form 3002, Supplement to  Enlistment  Agreement-
United States Air Force states “I further understand,  as  defined  by
the DOD Military Pay and Allowance Entitlement Manual, that  should  I
voluntarily or  involuntarily  not  complete  the  term  of  obligated
service for which  the  bonus  is  paid,  or  should  I  not  maintain
qualification in the  bonus  Air  Force  Specialty  (AFS),  I  may  be
required to repay the unearned portion of the bonus.”   The  applicant
was involuntarily discharged and did not complete his six year term of
service for which the  bonus  was  paid.   AFPC/DPPAE  recommends  the
applicant’s request be denied based  on  the  terms  outlined  in  the
enlistment contract regarding bonus recoupment.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
1 July 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.  After careful  consideration  of
the circumstances of this  case  and  the  evidence  provided  by  the
applicant, we are not persuaded the discharge  action  and  separation
code he received were in error or unjust.  The applicant’s contentions
are duly noted, however, he submitted insufficient evidence to support
these contentions.  The applicant was discharged due to failure in the
WBFMP.   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.  Furthermore, it  appears  the  applicant’s
commander provided the applicant ample opportunity for  rehabilitation
before initiating discharge action.  The applicant has  not  submitted
persuasive evidence the WBFMP was not  properly  administered  in  his
case.  In regard to the  recoupment  of  the  applicant’s  SRB,  bonus
recoupments are determined by the SPD the individual received  at  the
time of discharge.  The applicant acknowledged on his AF Form 3008, if
he did not complete  his  term  of  obligated  service  for  which  he
received the bonus, whether voluntarily or  involuntarily,  the  bonus
would be subject to recoupment.  The Board notes that as a  result  of
his own actions, the applicant was involuntarily  discharged  and  did
not complete his term of obligated service and therefore his bonus  is
subject  to  recoupment  in  accordance  with  DOD  Military  Pay  and
Allowance Entitlements Manual.  Therefore, we find no basis upon which
to recommend favorable action on this application.

_________________________________________________________________

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-
2003-04111 in  Executive  Session  on  9  September  2004,  under  the
provisions of AFI 36-2603:

                       Mr. Edward H. Parker, Panel Chair
                       Mr. Albert C. Ellett, Member
                       Ms. B. J. White-Olson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Oct 03, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSFOC, dated 25 Mar 04.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 29 Mar 04.
      Exhibit E. Letter, HQ AFPC/DPPAE, dated 22 Jun 04.
      Exhibit F. Letter, SAF/MRBR, dated 1 Jul 04.



                       EDWARD H. PARKER
                       Panel Chair