RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01586
INDEX CODE:
XXXXXXXXXXXXXXXXXX COUNSEL: None
XXXXXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 22 November 2005
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show she was medically discharged rather than
discharged because of “Weight Control Failure.”
________________________________________________________________
APPLICANT CONTENDS THAT:
Her illness was misdiagnosed in 1995. She struggled with her weight from
that time until she was discharged in 1998. She could have died trying to
run two to three miles at a time and doing aerobics, all in an effort to
lose weight, not knowing she had a condition that was and is potentially
fatal. Since her discharge, the Department of Veterans Affairs (DVA) has
determined and has clearly stated that her currently diagnosed pulmonary
sarcoidosis was present in January 1995 while she was on active duty.
Thus, she should never have been placed in the Weight Management Program
(WMP) but medically discharged instead. She would like to be proud of her
service, not ashamed. She did not deserve to be separated because of her
weight.
In support of her application, the applicant provided copies of her
separation document, her DVA rating decision, a statement by her physician,
and DVA medical records. A complete copy of the application, with
attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 October 1989, the applicant enlisted in the Regular Air Force in the
grade of airman basic for a period of six years. Prior to the time of her
enlistment, she underwent a physical examination in which her height was
recorded as 5’2¾” and her weight was recorded as 139 pounds. She
reenlisted on 28 February 1995 for a period of four years. She was
progressively promoted to the grade of senior airman (E-4), effective and
with a date of rank of 14 April 1992. During the combined rating period 30
October 1989 to 22 December 1997, the applicant received eight Enlisted
Performance Reports (EPRs), in which the promotion recommendations were 4,
5, 4, 4, 4, 5, 5, and 3 (downgraded from 5 by the indorser).
The applicant was enrolled in the WMP on 13 March 1995. Her entry weight
was recorded as 191 pounds and her maximum allowable weight was recorded as
144 pounds. For failure to make satisfactory progress in the program, the
applicant was issued a Letter of Admonishment on 23 May 1997 and a Letter
of Reprimand with establishment of an Unfavorable Information File on 8
September 1997. In an oral counseling on 23 October 1997 for failure to
make satisfactory progress in the program, she was advised that a fourth
failure to make satisfactory progress at her unit could result in the
initiation of discharge proceedings. The counselor stated the applicant
requested she be processed for discharge at that time. The applicant had
an unsatisfactory weigh-in on 12 December 1997.
On 12 January 1998, the applicant’s commander notified the applicant he was
recommending she be discharged from the Air Force for Failure in the Weight
Management Program. The applicant was advised of her rights in this matter
and that an honorable discharge would be recommended. On 15 January 1998,
after being advised of her rights by military legal counsel, the applicant
waived her rights to an administrative discharge board, to further legal
counsel, and to submit statements in her own behalf. The commander
initiated a recommendation for the applicant’s discharge on 15 January
1998. In a legal review of the discharge case file, dated 15 January 1998,
the wing staff judge advocate found the file was legally sufficient and
recommended the applicant be discharged without the offer of probation and
rehabilitation. On 15 January 1998, the discharge authority approved the
recommended separation and directed the applicant be honorably discharged
without the offer of probation and rehabilitation.
The applicant was honorably discharged on 22 January 1998 because of
“Weight Control Failure” with a reenlistment eligibility (RE) code of 4B.
She had served 8 years 2 months and 22 days on active duty. She was
entitled to receive $17,025.13 of separation pay.
In a rating decision in August 2002, the DVA initially denied service
connection for the condition, Pulmonary Sarcoidosis with Congestive Heart
Failure. In a rating decision, dated 18 October 2002, the applicant was
granted service connection for Pulmonary Sarcoidosis with Congestive Heart
Failure, rated at 100% disabling, and varicose veins, left and right legs,
both of which were rated as zero percent disabling.
The remaining relevant facts, extracted from the applicant’s military
personnel and medical records, and DVA records, are contained in the letter
prepared by the BCMR Medical Consultant at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommended the application be denied. After
summarizing the relevant facts contained in the applicant’s service
personnel and medical records and her DVA records, the BCMR Medical
Consultant indicated that, although not definitively diagnosed while in
service, service medical records clearly indicate the presence of
sarcoidosis manifested by enlargement of the lymph nodes in the chest
(hilar adenopathy). The evidence in the service medical records, however,
does not show her sarcoidosis involved her lungs to any clinically
significant degree while on active duty. Weight management program entries
indicated she was participating in a program of regular moderate exercise
and at no time reported her exercise was limited by shortness of breath.
Other than inability to maintain her weight within Air Force standards, her
duty performance continued to be excellent until her discharge.
The BCMR Medical Consultant stated the mere presence of sarcoidosis does
not automatically require a medical evaluation board or a medical
discharge. Medical standards for continued military service indicate
sarcoidosis is considered potentially disqualifying for continued military
service if it is progressive with severe or multiple organ involvement and
not responsive to therapy. At the time of her administrative discharge,
she was not manifesting symptoms suggesting her sarcoidosis was
progressive, severe or involving multiple organs or was otherwise
interfering with duty and warranting further evaluation in the disability
system. Post service records indicate pulmonary symptoms prompted her to
seek care in August 1999, over one year following discharge.
Following a discussion of the responsibilities set forth in the laws
governing evaluation, treatment and compensation of members and former
members by the Department of Defense and the Department of Veterans
Affairs, the BCMR Medical Consultant indicated action and disposition in
this case are proper and equitable reflecting compliance with Air Force
directives that implement that law (see Exhibit C).
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7
November 2003 for review and response (Exhibit D). 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 an error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case. However, the
applicant has provided no evidence which, in our opinion, successfully
refutes the assessment of his case by the BCMR Medical Consultant.
Therefore, we agree with the recommendation of the BCMR Medical
Consultant and adopt his opinion as our findings in this case. In view
of the above, we find no basis to favorably consider the applicant’s
request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 14 June 2005, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Vance Lineberger, Member
The following documentary evidence for AFBCMR Docket Number BC-2004-01586
was considered:
Exhibit A. DD Form 149, dated 13 Nov 02, with atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dtd 28 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 2 May 05.
MICHAEL J. NOVEL
Panel Chair
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