RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03395
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 MAY 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed to medical reasons rather
than Voluntary Release or Transfer to the Air Force Reserve Requested by
Member, Miscellaneous Personal Reasons.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical problems while in the service required separation. He
indicates he did not receive a physical upon separation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 3 February 1976 in the
grade of airman basic for a period of four years.
On 25 February 1977, the applicant requested separation from the Air Force
for being in violation of the Air Force’s Weight Standards. He indicated
since he had been in the Air Force he had a weight problem. At the time of
his enlistment he weighed 205 pounds and after completing basic training
and technical school he did not lose weight. During his in-processing he
was placed on the Weight Management Program. His initial weight for the
program was 205 pounds, during the next few months he failed to lose
weight, but in fact, had gained weight. He was then instructed to see the
hospital dietician who gave him a 1200 calorie diet to follow. After a few
weeks, he found that the diet was impossible to follow while eating at
Dining Hall 3. He again saw the Hospital Dietician to receive approval to
eat the food on his diet that she prescribed at the hospital. She refused
his request. He sought military and civilian medical help that both
offered a diet to follow. He again failed to lose weight - again due to
the fact that Dining Hall 3 did not always have foods that were on his
diet. He asked to be given separate rations of food, but never received an
answer to his request. He continued to gain weight. He further indicated
he felt that his problem lied in the fact that his duties as a policeman
were very tedious and quite boring. His job as a whole made him depressed
and caused him to over eat. He felt that his level of activity, both on
and off duty was not enough to lose weight. He felt it would be better for
the Air Force and himself, if he were to separate from the service.
The applicant’s commander indicated based on the applicant’s overweight
record for the past year, the prognosis for him to lose weight was poor,
which would result in further disciplinary action. He recommended the
request for discharge be approved.
On 25 March 1977, the base commander approved the applicant’s request for
early release.
On 21 April 1977, the applicant filed an application for disability
compensation through the Department of Veteran’s Affairs.
On 26 April 1977, the applicant was honorably discharged in the grade of
airman first class, under the provisions of AFR 39-10 (Voluntary Release or
Transfer to the Air Force Reserve Requested by Member, Miscellaneous
Personal Reasons). He served a total of 1 year, 2 months, and 24 days of
total active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommended denial indicating the applicant
was discharged due to failure to meet weight standards and not due to
medical disability. The applicant asserts the absence of a separation
medical examination was an error that justifies changing records to show
medical discharge due to his knee condition. Although separation
examinations are strongly encouraged by policy (but not required by law)
members are not held past their established date of separation if they do
not schedule an exam. However, in this case, an orthopedic examination one
month prior to separation is more than adequate - both in content and
proximity to separation to document his knee condition prior to separation.
Action and disposition in this case are proper and equitable reflecting
compliance with Air Force directives that implement the law.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 September 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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. After reviewing the evidence of
record, we are convinced the applicant’s separation from the Air Force was
in accordance with Air Force policy. His contentions are duly noted;
however, in our opinion, the detailed comments provided by the AFBCMR
Medical Consultant adequately address these allegations. Therefore, we are
in agreement with the comments and recommendation of the Medical Consultant
and adopt his rationale as the basis for our decision that the applicant
has not been the victim of either an error or injustice. In view of the
above and in the absence of evidence to the contrary, we find no compelling
basis upon which to recommend favorable action on this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2004-
03395 in Executive Session on 3 November 2005, under the provisions of AFI
36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sue A. Lumpkins, Member
Mr. James L. Sommer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 October 2004, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant,
dated 21 September 2005.
Exhibit D. Letter, SAF/MRBR, dated 22 September 2005.
RICHARD A. PETERSON
Panel Chair
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