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
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
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...
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...
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
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...
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
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
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.
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.
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). ...