RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00360
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  5 AUG 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was eligible to receive  a
reserve retirement pension and at the time of  his  discharge  he  was
eligible to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his time on active duty he had his gall bladder removed and did
not realize the connection between the removal of his gall bladder and
his weight gain.  He was told at the time of his reenlistment in  1985
that if he was not out of the weight program he  could  not  reenlist.
He believes that since his gall bladder operation was in his  records,
it should have been picked up by the  doctors  monitoring  his  weight
control.

Applicant's complete submission, with an attachment,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the applicant’s military career, he served on active duty  from
29 November 1951 to 17 November 1955 when he  was  honorably  released
from active duty and transferred to the  Air  Force  Reserves  (AFRes)
where he served until 28 November 1959.

Standard Form (SF) 88, Report of Medical Examination dated 4 June 1977
notes the applicant weighed 220 pounds, was 71  inches  tall  and  was
qualified for enlistment.

On 4 June 1977, the applicant reenlisted in  the  AFRes  as  a  senior
airman (SrA) for a period of two years.  He reenlisted again on
14 September 1979, as a staff sergeant (SSgt)  for  a  period  of  six
years.  The enlistment contract indicates the applicant  had  3 years,
11 months and 19 days of active military service and 4 years, 3 months
and 21 days total inactive military service.

In September 1980, the applicant underwent surgery to remove his  gall
bladder.

A medical note dated 4 October 1980, notes the applicant  weighed  203
pounds and was 72 inches tall.  His maximum allowable weight  was  216
pounds.

An SF 88, dated 7 May 83, indicates the applicant weighed  222  pounds
and was 70½ inches tall.  He was 26 pounds over his maximum  allowable
weight of 196 pounds.

The applicant was seen in the medical clinic  on  7  August  1983  for
weight counseling.  He weighed 231½ pounds and was 70½ tall.   He  was
35 pounds over his maximum allowable weight of 196½ pounds.

A medical note dated  10  September  1983  indicates  the  applicant
weighed 230 pounds and was 70½ inches tall.  He was 33½ pounds  over
his maximum allowable weight of 196½ pounds.

The applicant’s performance report for the  period  ending  1  April
1985, states the applicant was making ample progress in  the  weight
management program.

On 4 May 1985, the  applicant  was  placed  on  the  weight  control
program.  He weighed 235 pounds and was 71 inches tall.  He  was  36
pounds over his maximum allowable weight of 199 pounds.

Per Reserve Order A-171, dated 5  November  1985,  the  applicant  was
honorably discharged on 13 September 1985 and issued  an  RE  code  of
“1J,” with an annotation that the member declined reenlistment.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPM states the applicant alleges he  was  forced  to  separate
from the Air Force due to his being in  the  WMP.   Unfortunately  the
applicant was not eligible for retirement with pay because he did  not
meet any of the eligibility criteria for retirement with pay  and  has
not provided information to indicate he  is  eligible  for  retirement
with pay. Furthermore, Reserve Order A-171 dated 5 November 1985,  has
a reenlistment code “1J,” eligible to reenlist, elected separation  or
discharge and under
the remarks section of the order there is statement  that  the  member
declined reenlistment.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 April 2005, for review and response.  As of this date, no  response
has been received by this office.

On 11 May 2005, the Board  staff  informed  the  applicant  that  upon
further review of his application it was determined that an additional
advisory opinion was required (Exhibit E).

On 19 May 2005,  the  applicant  requested  that  his  application  be
temporarily withdrawn.  He further stated that a Chief Master Sergeant
told him that he could not reenlist if  he  was  not  off  the  weight
management program (Exhibit F).

On 7 June 2005, the Board staff in response to the applicant’s request
to temporarily withdraw his case, again advised him that an additional
advisory had been requested and to  reconsider  withdrawing  his  case
until  he  received  and  reviewed  the  additional  advisory  opinion
(Exhibit G).

On 27 June 2005, the applicant  again  requested  his  application  be
temporarily withdrawn (Exhibit H).

On 12 July 2005, the Board  staff  notified  the  applicant  that  his
application had been temporarily withdrawn and  to  notify  the  Board
when he was ready to proceed with the processing  of  his  application
(Exhibit I).

On 21 September and 15 October 2005, the applicant requested that  his
application be reopened (Exhibit J).

On 20 October 2005, the Board staff notified the  applicant  that  his
application had been reopened (Exhibit K).

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ADDITIONAL AIR FORCE EVALUATION:

The  Medical  Consultant,  AFBCMR,  states  the  applicant’s   records
indicate he was overweight three  years  prior  to  his  gall  bladder
surgery.  At the time he enlisted in the Reserves he weighed 220
pounds.  Obesity is a strong risk factor for the development  of  gall
stones and cholecystitis leading to surgery.  The removal of the  gall
bladder does not alter the body’s metabolism or caloric  requirements.
Following removal of the gall bladder some individuals may  develop  a
slightly impaired absorption of fats leading to diarrhea.  While  many
individuals experience weight gain after cholecystectomy it is not due
to  any  change  in  the  individual’s  metabolism  but  is  from  the
resumption  of,  or  continued  intake  of  calories  in   excess   of
physiologic  requirements.   Servicemembers   who   are   not   making
satisfactory progress in  the  weight  management  program  are  given
reenlistment codes that would  prevent  them  from  reenlisting.   The
applicant’s performance report indicated he was  progressing  well  in
the weight management program and his discharge documents indicates he
declined  reenlistment.   The  Medical   Consultant   recommends   the
requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit L.

_________________________________________________________________

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

On 14 November 2005, a copy of the additional advisory  was  forwarded
to the applicant for his review and response (Exhibit M).

The applicant reviewed the AFBCMR Medical Consultant’s evaluation  and
states it was incorrect; his gall bladder surgery was accomplished  at
a VA hospital and not a civilian  hospital.   He  also  requested  the
document declining his reenlisting  in  the  Air  Force.   He  further
believes he should receive a medical discharge or  pension.   He  also
requested additional time to bring forward additional findings for his
case (Exhibit N).

On 20 December 2005, the Board staff informed the  applicant  that  in
order to comply with the statutory mandate to process all applications
in a more expeditious manner,  an  extension  could  not  be  honored.
However, the Board staff further informed the applicant that his  case
would be held in abeyance until 31 December 2005, after which his case
would be presented to the Board (Exhibit O).

On  23  January  2006,  the  applicant  provided  additional   medical
documentation in support of his request (Exhibit P).

_________________________________________________________________

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 an  injustice.   Applicant’s  contentions
are  duly  noted;  however,   we   agree   with   the   opinions   and
recommendations of the Air Force office of primary responsibility  and
the Medical Consultant and adopt their rationale as the basis for  our
conclusion that the applicant has not been the victim of an  error  or
an injustice.  The applicant contends he was not successful in the WMP
due to the removal of his gall bladder which caused him to gain weight
resulting in his being barred from reenlisting.  However, it is  noted
that at the time of his Reserve enlistment on 4 June 1977, he  weighed
220, apparently over the  weight  limit.   Seemingly  it  appears  the
applicant had a weight problem before the removal of his gall bladder.
 Also, as noted by the Medical Consultant, after removal of  the  gall
bladder some individuals may experience weight gain; this is  not  due
to any change in the individual’s metabolism but is usually  from  the
resumption of, or continued  intake  of  calories  in  excess  of  the
individual’s  daily  caloric  requirements.   It  is  noted  that  the
applicant’s last performance report  reflected  he  was  making  ample
progress  in  the  WMP.   Therefore,  we  are  not  persuaded  by  the
applicant’s arguments  with  regard  to  the  WMP.   Furthermore,  his
records reflect per Reserve Order A-171,  that  at  the  time  of  his
discharge he received a reenlistment code of “1J” which denotes he was
eligible to reenlist but elected not to reenlist and the reserve order
was annotated  with  the  statement  “Member  declined  reenlistment.”
Lastly, the applicant is not eligible for reserve retired pay  because
he did not meet any of the eligibility criteria for retired pay  under
Title 10 USC, Section 12731.  Therefore, in view of the above  and  in
the absence of evidence to the contrary, we find no  compelling  basis
to recommend granting the relief sought in this application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2005-00360 in Executive Session on 12  January  2006  and  26  January
2006, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. LeLoy W. Cottrell, Member
                 Ms. Cheryl V. Jacobson, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-00360 was considered:

      Exhibit A. DD Form 149, dated 24 Jan 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFRC/DPM, dated 6 Apr 05, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.
      Exhibit E. Letter, AFBCMR, dated 11 May 05, w/atch.
      Exhibit F. Letter, Applicant, dated 19 May 05.
      Exhibit G. Letter, AFBCMR, dated 7 Jun 05.
      Exhibit H. Letter, Applicant, dated 27 Jun 05.
      Exhibit I. Letter, AFBCMR, dated 12 Jul 05.
      Exhibit J. Letters, Applicant, dated 21 Sep 05 & 15 Oct 05.
      Exhibit K. Letter, AFBCMR, dated 20 Oct 05.
      Exhibit L. Letter, AFBCMR Medical Consultant, dated
                       4 Nov 05.
      Exhibit M. Letter, AFBCMR, dated 14 Nov 05, w/atch.
      Exhibit N. Letters, Applicant, dated 20 Nov 05
      Exhibit O. Letter, AFBCMR, dated 20 Dec 05.
      Exhibit P. Letter, Applicant, undated, w/atchs.




                             LAURENCE M. GRONER
                             Panel Chair