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AF | BCMR | CY2004 | BC-2004-01086
Original file (BC-2004-01086.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01086
            INDEX NUMBER: 128.08

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was eligible for separation pay  at
the time of his honorable discharge on 5 April 2001.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Since he was ineligible to reenlist due to four weigh-in failures under  the
Weight and Body Fat Management Program  (WBFMP),  he  should  have  received
separation pay for an E-5, with over  13  years  of  service.   He  received
numerous punishments for his WBFMP failures,  i.e.,  Letter  of  Counseling,
Letter of Reprimand (LOR), Referral Enlisted Performance Report  (EPR),  and
lost line number to E-6.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment with  the  Air  Force  on  9
March 1988.  He contracted his last reenlistment on 6 January  1995,  for  a
period of 6 years.  He was progressively promoted  to  the  grade  of  staff
sergeant.  A Report of Individual Personnel (RIP), dated  1  February  2000,
indicates he was ineligible for promotion based on a weight status  code  of
2 (unsatisfactory).  He extended his enlistment on 11 September 2000, for  a
period of three months.  Based on his unsatisfactory progress  in  Phase  I,
of the WBFMP, he received a referral EPR, closing 17 November 2000,  and  an
LOR.  He was honorably discharged on 5 April 2001, under the  provisions  of
AFI 36-3208 (Completion of Active Service), and issued an RE code  of  “4J.”
He completed 13 years and 27 days of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPAE states, in part, that the RE code of 4J issued  at  the  time  of
his discharge accurately identifies him as being in Phase  I  of  the  WBFMP
and ineligible to reenlist.

The AFPC/DPPAE evaluation is at Exhibit C.

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the applicant was voluntarily separated on his ETS  and  separation  pay  is
not authorized.  AFPC/DPPRS further states  that  since  the  applicant  was
being honorably discharged with an RE code  of  “4J”,  he  would  have  been
eligible to one-half separation pay, if he had  requested  an  extension  of
his enlistment and the request was denied.  However, there  is  no  evidence
he requested an extension of his enlistment to complete the  WBFMP  and  his
request was denied.

The AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on  30  April  2004  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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Separations  Branch  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, 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  Docket  Number  BC-2004-01086
in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 19 Apr 04.
    Exhibit D.  Letter, AFPC/DPPRS, dated 27 Apr 04.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Apr 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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