Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-01138
Original file (BC-2004-01138.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01138
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Nov 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

While on active duty, his hypothyroidism went undiagnosed and caused him  to
gain weight, resulting in his discharge.

In support of the  appeal,  applicant  submits  extracts  from  his  medical
records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  9
May 1986.  He was progressively  promoted  to  the  grade  of  airman  first
class. On 16 March 1988, the  commander  notified  him  that  he  was  being
recommended for discharge for misconduct, conduct prejudicial to good  order
and discipline, and unsatisfactory performance, exceeding weight  standards.
 The bases for the proposed action based  on  conduct  prejudicial  to  good
order and discipline were that, on or about 22 May 1987, the  applicant  was
disrespectful to a noncommissioned officer; on or  about  20  May  1987,  he
disobeyed a lawful order not to operate a motor  vehicle  on  Randolph  AFB,
Texas; on or about 23 July 1987,  he  operated  his  private  motor  vehicle
without insurance as required by AFR 125-14; on or about 31 August 1987,  he
failed to report to his duty section at the prescribed  time;  on  or  about
9 November 1987, he disobeyed a lawful order not to operate a motor  vehicle
on Randolph AFB, Texas; and that, on or about 29 November 1987,  he  was  at
Randolph AFB, Texas, disorderly by intentionally setting off  a  false  fire
alarm; for which  he  received  two  Records  of  Individual  Counseling,  a
Letters  of  Reprimand  (LORs),  an  Article  15,  dated  7  December  1987,
resulting in reduction to the grade of airman (E-2),  with  a  new  date  of
rank of 7 December 1987, and  an  Unfavorable  Information  File  (UIF)  was
established.  The bases for the  proposed  action  based  on  unsatisfactory
duty performance, exceeding weight standards, were that, on 1 October  1987,
he was entered into  the  Weight  Management  Program  (WMP);  and  that  on
2 December 1987, 4 January, 5 February and 7 March 1988, he failed  to  make
satisfactory progress in the WMP, failing to lose five pounds during the 30-
day period,  for  which  he  received  two  LORs,  a  Record  of  Individual
Counseling, and a  UIF  was  established.   He  received  a  general  (under
honorable conditions) discharge on 1 April 1988,  under  the  provisions  of
AFR 39-10.  He completed a total of 1  year,  10  months,  and  26  days  of
active service and was serving in the grade of airman (E-2) at the  time  of
discharge.  The Department of Veterans Affairs  (DVA)  awarded  applicant  a
compensable disability rating of 10% for hypothyroidism.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted and states, in part, that sub-clinical  hypothyroidism  of  the
degree manifested by  the  applicant  while  in  service  does  not  prevent
individuals from losing and  maintaining  a  normal  body  weight.   In  the
applicant’s case, he demonstrated his ability to lose weight in the  initial
phase of the WMP, losing 5 ½ pounds between 1 October 1987  and  2  November
1987.

The BCMR Medical Consultant’s 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 18 February 2005 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.   The  applicant  contends   that   his
hypothyroidism caused  him  to  gain  weight  while  on  active  duty  which
resulted in his discharge.  However,  the  BCMR  Medical  Consultant  states
that sub-clinical hypothyroidism of the degree manifested by  the  applicant
does not prevent individuals from  losing  and  maintaining  a  normal  body
weight.  Further, while his failure to maintain Air Force  weight  standards
was one of the  bases  for  his  discharge,  he  was  also  recommended  for
discharge due to misconduct  and  conduct  prejudicial  to  good  order  and
discipline.  In view of this,  and  since  the  applicant  demonstrated  his
ability to lose weight in the initial phase of the WMP, we  agree  with  the
opinion and recommendation of the BCMR  Medical  Consultant  and  adopt  his
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-2004-01138
in Executive Session on 23 March 2005, under the provisions of AFI 36-2603:

                       Mr. Frederick R. Beaman, III, Panel Chair
                       Mr. Michael J. Maglio, Member
                       Ms. Rita J. Maldonado, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9703414

    Original file (9703414.doc) Auto-classification: Denied

    A copy of the Air Force evaluation is attached at Exhibit D. The Chief, Inquiries/AFBCMR Section, Enlisted Promotion and Military Testing Branch, HQ AFPC/DPPPWB, states that the applicant was demoted from staff sergeant to senior airman effective and with a date of rank of 3 June 1994 in accordance with AFR 39-30 for failure to maintain weight within Air Force standards. A copy of the Air Force evaluation, with attachment, is attached at Exhibit E. The Chief, Retirements Branch, HQ...

  • AF | BCMR | CY1999 | BC-1997-03414

    Original file (BC-1997-03414.doc) Auto-classification: Denied

    A copy of the Air Force evaluation is attached at Exhibit D. The Chief, Inquiries/AFBCMR Section, Enlisted Promotion and Military Testing Branch, HQ AFPC/DPPPWB, states that the applicant was demoted from staff sergeant to senior airman effective and with a date of rank of 3 June 1994 in accordance with AFR 39-30 for failure to maintain weight within Air Force standards. A copy of the Air Force evaluation, with attachment, is attached at Exhibit E. The Chief, Retirements Branch, HQ...

  • AF | BCMR | CY2000 | 9902294

    Original file (9902294.doc) Auto-classification: Approved

    When the Air Force came out with the Early Retirement Program, he discovered he was ineligible because of the needs of the Air Force. On 11 September 1995, the SJA recommended approval of the discharge action with an honorable discharge without P&R and that the separation authority recommend to the Secretary of the Air Force that he not receive lengthy service probation. The applicant did not meet the criteria and/or standards necessary to remain on active duty and the commander took...

  • AF | BCMR | CY1998 | 9601597

    Original file (9601597.pdf) Auto-classification: Approved

    Office of the Assistant Secretary AFBCMR 96-01 597 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC JUL 1 3 1998 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: ilitary records of the Department of the Air Force relating t- be corrected to show that he was not reduced to the grade of Airman...

  • AF | BCMR | CY2005 | BC-2004-02928

    Original file (BC-2004-02928.doc) Auto-classification: Denied

    The Board recommended the applicant be discharged from the Air Force for unsatisfactory performance/exceeding weight standards with an honorable discharge, but that he be offered probation and rehabilitation opportunities with a conditional suspension of the discharge. Applicant’s complete response is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommended denial indicating testimony of...

  • AF | BCMR | CY2000 | 9702580

    Original file (9702580.doc) Auto-classification: Denied

    On or about 22 Nov 85, he failed to progress satisfactorily in the Air Force WMP by gaining 10 pounds instead of losing the 5 pounds required. On 30 Jan 89, the commander, Air Refueling Wing, , received the proposed demotion case against the applicant and agreed with the applicant’s commander that demotion action was appropriate, effective 30 Jan 89. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed this application...

  • AF | DRB | CY2002 | FD2002-0116

    Original file (FD2002-0116.pdf) Auto-classification: Denied

    PEKSUONAL APPEARANCE _| X RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION * ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBERS SITTING ae, PT {ISSUES INDEX NUMBER BITS SUBMITE DAR A94.06, A93.10 A67.10 1 | ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE — 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE ° 02-08-15 FD2002-0116 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ™ PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL...

  • AF | BCMR | CY2004 | BC-2004-00862

    Original file (BC-2004-00862.doc) Auto-classification: Denied

    On 9 January 1987, the applicant received notification that he was being recommended for discharge for exceeding weight standards. As of this date, no response has been received by this office (Exhibit D). 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.

  • AF | BCMR | CY1998 | 9702695

    Original file (9702695.pdf) Auto-classification: Denied

    He was entered into the weight management program (WMP) because he failed to meet the Air Force weight standards. He gained more than 70 pounds in 3 months and it was due to the thyroid problem. The board recommended applicant be separated from the Air Force with an honorable discharge, without probation and rehabilitation.

  • AF | BCMR | CY2001 | 0100857

    Original file (0100857.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00857 INDEX CODE: 111.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. _________________________________________________________________ APPLICANT CONTENDS THAT: She received a referral report and referral letter by entering into the first unsatisfactory period of the weight management program (WMP). ...