RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00862
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

A knee injury requiring surgery  prevented  him  from  complying  with
weight standards.  Due to his good service record and the fact he is a
law-abiding, tax-paying citizen, he deserves an honorable discharge.

In support of his request, the applicant submits a personal statement,
copies of his DD Form 214, a good conduct letter, a  physical  profile
serial report and a personal data report.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  16
September 1982.   He  was  progressively  promoted  to  the  grade  of
sergeant, with an effective date and date of rank of 16 January  1986.
The applicant’s Noncommissioned Officer (NCO) status was vacated on 27
October 1986.

Information extracted from AF Form 393, Individual Record  for  Weight
Management and Fitness Improvement Training  (FIT)  Programs,  reveals
the applicant entered the weight management program (WMP) on 14 August
1986.  On 25 August 1986, he  was  verbally  counseled  regarding  his
weight.  He had a total of four  unsatisfactory  progress  periods  as
follows: (1) 23 September 1986 - received a Letter  of  Counseling  on
2 October 1986; (2) 14 October 1986 - received a Letter  or  Reprimand
(LOR)/Unfavorable Information File (UIF) on  31 October 1986  and  NCO
status vacated; (3) 14 November  1986  -  received  an  LOR/UIF  on  4
December 1986; and, (4) 22  December  1986  -  further  administrative
actions were on hold pending discharge.

On 9 January 1987, the applicant received  notification  that  he  was
being recommended for discharge for exceeding weight  standards.   The
reason for this action was due to his unsatisfactory progress  in  the
WMP.  The applicant acknowledged  receipt  of  the  notification.   He
consulted military legal counsel and submitted a written statement  in
his own behalf.  The base legal office reviewed the case and found  it
legally sufficient to support separation.  On  5  February  1987,  the
discharge authority approved the recommended separation  and  directed
that the applicant be issued a general  discharge,  without  probation
and rehabilitation.

He received  a  general  discharge  on  18  February  1987  under  the
provisions of AFR 39-10 (exceeding Air Force  weight  standards).   He
had completed a total of four years, five months and  three  days  and
was serving in the grade  of  senior  airman  (E-4)  at  the  time  of
discharge.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s personnel and medical records and is  of  the  opinion
that no change in the  applicant’s  record  is  warranted.   The  BCMR
Medical Consultant states the evidence of record shows  the  applicant
was overweight prior to his knee injury and, by the time of his  entry
into the WMP, he was only three pounds  heavier  than  his  pre-injury
weight.  At the time of entry into the WMP, the applicant was able  to
participate in walking and light jogging.  By his own  admission,  the
applicant was not compliant with the diet required for weight loss and
had lost his motivation to comply with the weight standards and remain
in the Air Force.  Action and disposition in this case are proper  and
equitable  reflecting  compliance  with  Air  Force  directives   that
implement the law.  Details of this evaluation are at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  8
October 2004 for review and response.  As of this  date,  no  response
has been received by this office (Exhibit D).
_________________________________________________________________

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.  His contentions are duly  noted;
however, we do not find these uncorroborated  assertions,  in  and  by
themselves sufficiently persuasive to override the rationale  provided
by the AFBCMR Medical  Consultant.   In  this  respect,  we  note  the
applicant was overweight prior to his knee injury  and  following  his
entry into the Weight Management Program (WMP), physical  therapy  and
orthopedic records show progressive improvements  in  his  ability  to
vigorously exercise.  Based on the evidence of record, it appears  the
applicant was provided with every opportunity available to comply with
the Air Force weight standards; however, he failed to do so.   By  his
own admission, the applicant was not compliant with the  diet  portion
of the WMP and requested separation.  We, therefore,  agree  with  the
opinion and recommendation of the BCMR Medical Consultant and conclude
the applicant has failed to sustain his burden that  he  has  suffered
either an error or  injustice.   In  view  of  the  above  and  absent
evidence showing the  information  in  his  discharge  case  file  was
erroneous, his substantial rights  were  violated  or  his  commanders
abused their discretionary authority, we find no compelling  basis  to
recommend granting the relief sought in 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  this  application  in
Executive Session on 2 December 2004, under the provisions of AFI  36-
2603:

                  Ms. Marilyn M. Thomas, Vice Chair
                  Mr. Gregory A. Parker, Member
                  Ms. B. J. White-Olson, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-00862.

   Exhibit A.  DD Form 149, dated 7 Mar 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 5 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.



                                   MARILYN M. THOMAS
                                   Vice Chair