RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00405
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded full retirement benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not given the proper medical care and command support for  knee
surgery and adequate treatment for his depression that  were  required
to maintain his weight.

In support of his appeal, the applicant provided a personal  statement
to his senator, extracts from his military and  medical  records,  and
other documents associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 Apr 82 for  a  period
of six years in the grade  of  airman  basic.   He  entered  his  last
enlistment on 25 Jan 95 for period of  four  years  in  the  grade  of
technical sergeant.

On 11 Feb 98, the applicant’s  commander  notified  him  that  he  was
recommending he be  discharged  for  failure  in  the  Weight  Control
Program.  The reasons were based on the following:

      a. On 5 Feb 96, he gained three pounds and one percent body  fat
from his last weigh-in.  Also, this meant that he was  28 pounds  over
his maximum allowable weight and four (4)  percent  over  his  maximum
allowable body fat percentage.  He failed to lose  the  required  five
(5) pounds or one (1) percent body  fat.   For  this,  he  received  a
Letter of Counseling (LOC) on 4 May 96.

      b. On 8 Mar 96, he lost three and one-half (3.5) pounds and  his
body fat measured at 28 percent.  Also, this  meant  that  he  was  25
pounds over his maximum allowable weight and three  (3)  percent  over
his maximum allowable body fat percentage.   He  failed  to  lose  the
required five (5) pounds or  one  percent  body  fat.   For  this,  he
received an LOR.

      c. On 8 Jul 96, he lost one pound and his body fat  measured  at
27 percent, which was not a decrease from the previous  month.   Also,
it meant he was 22 pounds over his maximum allowable weight and  three
(3) percent over his maximum allowable body fat percentage.  He failed
to lose the required five pounds or one percent body fat.   For  this,
he received an LOR, Unfavorable Information  File  (UIF)  and  control
roster actions.

      d. On 3 Dec 97, he gained five pounds from  his  last  weigh-in.
He failed to lose the required five pounds or one  percent  body  fat.
For this, he received a Letter of Reprimand (LOR) on 26 Jan 98.

The applicant was advised of his rights in  the  matter  and  that  an
honorable discharge would be recommended.

On 19 Feb 98, the  office  of  the  Staff  Judge  Advocate  found  the
discharge  case  file  was  legally  sufficient  and  recommended  the
applicant  be  furnished  an  honorable  discharge.    The   discharge
authority approved the discharge action and directed the applicant  be
furnished an honorable discharge.

On 6  Mar  98,  the  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208 (Weight Control Failure)  in  the  grade  of
technical sergeant.  He was credited with 15 years, 11 months,  and  2
days of active service.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the Medical Consultant.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical Consultant recommended denial  noting  the  applicant  was
involuntarily separated from the service due to his  failure  to  meet
Air Force standards for weight, and that he now alleges  that  failure
on the part of the Air Force to properly treat him for  knee  problems
and depression was the cause of his failure.  In 1984, he injured  his
right knee while exercising;  he  subsequently  underwent  right  knee
arthroscopy and partial medial menisectomy in Jan  85.   Anterolateral
rotary instability was documented following  an  exacerbation  playing
soccer in Dec 85.  In Apr 96 he presented  for  orthopedic  evaluation
with  a  one-month  history  of  right  knee  pain;  a  diagnosis   of
degenerative joint disease was made, and he was fitted  for  a  brace.
Reevaluation in Oct  96  resulted  in  "contemplation  of  right  knee
arthroscopy," but was not accomplished as  the  applicant  received  a
humanitarian reassignment to a  new  base.   A  different  orthopedist
evaluated him at his new  duty  location  and  diagnosed  degenerative
joint disease, referring him for diet and physical therapy.   A  third
orthopedist saw him in Jan/Feb 98 and  identified  degenerative  joint
disease with "grade 3-4 chondromalacia  of  the  medial  compartment."
The applicant's Department of Veterans Affairs  (DVA)  record  reports
that after discharge the "knee tore some  more",  and  in  Dec  99  he
underwent arthroscopy which identified  right  knee  degeneration  and
posterior third medial meniscus tear.

The  applicant  also  alleges  depression  as  a  cause   for   weight
difficulties.  A records review  documents  Life  Skills  referral  as
early as  1994  for  relationship  difficulties.   In  March  97,  the
applicant presented  with  eight  months  of  fatigue  and  depression
associated with his mother's terminal illness.  He was psychiatrically
evaluated and diagnosed with major depression  in  Apr  97.   Multiple
visits and the use of multiple medications are documented as occurring
between Apr and Oct 97, when his diagnosis was changed  to  adjustment
disorder with depressed mood.  While the medical  record  contains  no
copies of profiles, a note in Oct 97 found him  "S1"  (psychiatrically
fit for world wide duty) and "waiver from WMP withdrawn."

The available medical records indicate an  enlistment  weight  of  166
pounds and  a  height  of  68  inches.   There  are  multiple  entries
indicating attempts to lose  weight,  with  dietary  consultations  in
1986, 1990 (with documented weight of 194 pounds), and Feb 94.  He was
referred to the Weight Management Program (WMP) for excessive body fat
in Jun 94; at that  time  he  weighed  196  pounds,  had  a  body  fat
calculation of 27 percent, and was 69  inches  tall.  Maximum  allowed
weight for that height was 189 pounds and  maximum  allowed  body  fat
calculation was 24 percent.  According to the Medical Consultant,  AFI
40-502 set a standard of monthly weight loss of  five  (5)  pounds  or
reduction of calculated body fat measurement of one  (1)  percent  for
satisfactory performance, and  specified  administrative  actions  for
noncompliance.    Required   medical   evaluations    documented    no
restrictions to participation in the program.  From the date of  entry
in the WMP the applicant  reached  his  allowed  weight  on  only  one
occasion, Aug 1994; he met body fat measurements between  Jul  94  and
Jan 95.  He was referred again for nutritional counseling in  Nov  95,
and he was reentered in the WMP in Dec 95; at that  time  he  was  222
pounds and had a body fat measurement of 29 percent.

The Medical Consultant indicated that  no  where  in  the  applicant’s
response to his commander’s notification of his intent to separate him
did the applicant reference difficulties with his knee as a cause  for
his failure to meet weight standards.  He asserted that his weight  on
entry into the Air Force was "too much" (though he was 20 pounds below
the maximum allowed weight), and that he "had a handle" on his  weight
until his mother's illness (while in fact he exceeded weight standards
at least as early  as  1990).   The  applicant  identified  additional
contributing external causes for his failure, including the stress  of
his wife's pregnancy, his reassignment  to  a  place  "with  the  most
unfriendly military people on earth," incompetent psychiatric care and
the stress of the WMP itself.  He related his feelings in some detail,
finally asserting that "... when asked how do I feel about  my  weight
and the WMP, I have to say Sir, that at this time I  could  care  less
about it."  He provided his commander with three options.  First, "...
to stay in, if I knew the Air Force would back off for  the  remainder
of my time (or pay for liposuction)...", second to  be  allowed  early
retirement, or third to be involuntarily separated with  an  honorable
discharge and severance pay.  His commander selected the third option.

In the Medical Consultant’s view, the action and disposition  in  this
case were proper and equitable reflecting compliance  with  Air  Force
directives that implement the law, and that no change in  the  records
is warranted.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  detailed
response indicating, in summary,  that  had  the  Air  Force  properly
evaluated and corrected the  damage  to  his  knee  and  as  a  whole,
provided him the proper care and support, as they  were  entrusted  to
do, he would have regained control of  his  weight  and  continued  to
serve honorably for at least a further  four  years  and  twenty-eight
days.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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's  complete
submission was thoroughly reviewed,  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility (OPR).  The evidence of record  reveals  the
applicant was honorably discharged for failure in the  Weight  Control
Program.   No  evidence  has  presented  which  has   shown   to   our
satisfaction  the  applicant’s  separation  from  active  service  was
improper or contrary to the prevailing Air Force instruction.  In view
of the foregoing, and  in  the  absence  of  sufficient  evidence  the
applicant’s rights were violated, the information used as a basis  for
his  discharge  was  erroneous,  or   his   superiors   abused   their
discretionary authority, we find  no  compelling  basis  to  recommend
favorable consideration of 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 AFBCMR Docket Number BC-
2005-00405 in Executive Session on 12 Jan 06, 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 was considered:

    Exhibit A.  DD Form 149, dated 29 Nov 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 18 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Nov 05.
    Exhibit E.  Letter, applicant, dated 8 Dec 05, w/atchs.




                                   LAURENCE M. GRONER
                                   Panel Chair