RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01222
                                             INDEX CODE:  100.00

      XXXXXXX                COUNSEL:  PAUL WEKENMANN

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  14 OCT 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a military retirement.

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APPLICANT CONTENDS THAT:

He lost his retirement through no fault of his own and was forced  out  with
16 years of military service due  to  being  ten  pounds  over  his  maximum
allowable weight.

His health problems caused his weight gain and he was placed in  the  Weight
Management Program (WMP).  He took drastic measures to insure  he  kept  his
job, which resulted in more medical problems.  This  caused  stress  for  he
and his family, especially considering  they  had  a  child  that  had  Down
syndrome with a heart murmur that was going to require surgery.  He  finally
missed a weight check  by  a  few  pounds  and  was  reduced  in  grade  and
discharged.   Although  his  service  was  characterized  as  honorable,  he
received a Reenlistment Eligibility (RE) code that rendered  him  ineligible
for reenlistment in any branch of the service.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air National Guard (ANG) on 11 December 1971.   He
served on active duty from 2 January 1972 to 1 May 1972,  from  9  September
1972 to 23 September 1972, from 21 July 1973 to 4 August 1973, and  from  20
July 1974 to 3 August 1974.  He was honorably discharged  from  the  ANG  on
26 February 1975 and contracted his initial enlistment in  the  Regular  Air
Force on 27 February 1975.  He was progressively promoted to  the  grade  of
staff sergeant.

On  13  November  1984,  he  was  medically  evaluated  and  received   diet
counseling.  His weight was 176 ¼ pounds, exceeding  his  maximum  allowable
weight (MAW) of 172 pounds by 4 ¼ pounds.  He was entered  into  the  Weight
Management Program (WMP) on 14 November 1984.

He underwent a  separation  physical  on  19 February  1986  and  was  found
qualified for world wide service.  On that date, his weight was 197  pounds,
25 pounds over his maximum allowable weight of 172.

On 19 March 1986, his supervisor recommended him for reenlistment under  the
Selective Reenlistment Program (SRP); however, on 20 March  1986,  the  unit
commander did not select  him  for  reenlistment  due  to  his  recent  duty
performance and his past substandard bearing and behavior  as  evidenced  by
the overall 7 rating on his last Airman  Performance  Report  (APR)  closing
out 28 February 1986, a Letter of  Reprimand  (LOR)  issued  on  19 February
1985 for failure  to  go  and  show  satisfactory  progress  on  the  Weight
Management Program (WMP), control roster action, a 12 August  1985  LOR  for
failure to show satisfactory progress on the WMP, and an Article 15  imposed
on 24 June 1985 for failure to go.  On  5  September  1986,  his  supervisor
recommended him for reenlistment again under  the  SRP;  however,  the  unit
commander did not select him.

He underwent a another separation physical on 24  September  1986,  and  was
found qualified for world wide  service.   His  weight  was  170  pounds,  2
pounds under his MAW  of  172  pounds.   Item  8,  Statement  of  Examinee’s
Present Health and Medications Currently Used,  on  the  Report  of  Medical
History, dated 24 September  1986,  completed  by  the  applicant  indicates
“excent (sic) condition…no medication.”

A Nutritional Assessment (For  Diet  Counseling),  dated  15 December  1986,
indicates he gained 20 pounds in the last 2 months.

Effective 23 January 1987, he was demoted from the grade of  staff  sergeant
(E-5) to the grade of sergeant (E-4).  He appealed  the  demotion;  however,
his appeal was  denied.   The  specific  reasons  for  the  action  were  as
follows:

      a.    On 14 November 1984, he was properly entered  into  Phase  I  of
the WMP weighing 187 ½  pounds  with  a  maximum  allowable  weight  of  172
pounds.

      b.    On 6 February 1985, he failed to lose six pounds  during  a  60-
day period.

      c.    On 2 August 1985, he failed to lose five pounds during a  30-day
period.

       d. On 21 November 1986, he failed to maintain his  weight  below  his
          maximum allowable weight.

He underwent another separation physical on 19 February 1987, and was  found
qualified for world wide service.  On that date, his weight was 197  pounds,
exceeding his MAW of 172 pounds by  25  pounds.   In  a  Report  of  Medical
History, dated 19 February 1987, the applicant described his present  health
as very good with no health problems.

He was honorably discharged on 30 April 1987, under the  provisions  of  AFR
39-10 (Early Separation Program – Strength Reduction) and issued RE code  2X
(First-term, second-term, or career airman considered but not  selected  for
reenlistment under the SRP).  He completed 12 Years, 2 months,  and  4  days
of active service.
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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
applicant’s discharge was consistent with  the  procedural  and  substantive
requirements of the discharge regulation and the  Fiscal  Year  1987  (FY87)
Enlisted Early Release Program (EERP).  Under the FY87 EERP second-term  and
career airmen assigned to the Continental United States  (CONUS)  with  less
than 16 years service who had a  date  of  separation  (DOS)  in  August  or
September 1987 and an RE Code of 2, 3, or 4 had to separate between  16  and
30 April 1987.  Based on his DOS of 28 September 1987 and since he had  less
than 16 years of service, he met the criteria established by the FY87 EERP.

The AFPC/DPPRS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to  the  applicant  and  his
counsel on 15 July 2005, for review  and  comments.   However,  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 error or injustice.  In this respect, we  note  that  prior  to
his separation under the FY87 EERP, the applicant was  medically  evaluated,
received diet counseling, and  was  placed  in  Phase  I  of  the  WMP.   He
remained in the WMP for a period of 2 years  and  10  months,  during  which
time he received 2 LORS, control roster action, and demotion  to  the  grade
of sergeant for his failure to maintain Air Force weight standards.  He  was
non-selected for reenlistment under the SRP due  to  his  duty  performance,
substandard bearing and behavior, and for his failure to  show  satisfactory
progress in the WMP.  Although  the  applicant  contends  that  his  medical
problems prevented his satisfactory progress in  the  WMP,  he  provides  no
evidence to support this claim.  In  addition,  he  previously  raised  this
issue in his appeal of the demotion  action  taken  against  him  and  after
reviewing his written submission, the  commander  determined  he  should  be
demoted.  His military medical records indicate  that  during  two  separate
separation physical  examinations  he  was  found  medically  qualified  for
separation and had described  his  health  as  very  good,  with  no  health
problems.  Although he  was  unable  to  successfully  maintain  his  weight
within Air Force standards  while  on  the  WMP,  on  several  occasions  he
demonstrated his ability to lose weight.  In view of the above, and  in  the
absence  of  evidence  that  his  placement  on  the  WMP  and   denial   of
reenlistment under the SRP were improper, we find no  basis  upon  which  to
favorably consider 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-2005-01222
in Executive Session on 30 August 2005, under  the  provisions  of  AFI  36-
2603:

                       Ms. B. J. White-Olson, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Mr. Patrick C. Daugherty, Member






The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 Jul 05.
    Exhibit D.  Letters, SAF/MRBR, dated 15 Jul 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair