RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00724
            INDEX CODE:  110.02, 128.00

      XXXXXXXXXXX      COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  12 SEP 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s date of separation  be  changed  to  31 Dec  03,
rather than 28  May  04,  and  include  severance  pay  and  moving
expenses.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband’s discharge was  needlessly  delayed  until  after
31 Dec 03 at which point the regulations governing the  Weight  and
Body Fat Management Program (WBFMP) changed resulting in a loss  of
severance pay and moving expenses.

In support of the  request,  applicant  submitted  a  copy  of  the
deceased  military  member’s  death  certificate;  letter  to   his
senator; congressional response and other supporting documents.

The applicant's submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  10  Jun  91  for  a
period of four years with a rank of airman  first  class.   He  was
progressively promoted to  the  rank  of  staff  sergeant  with  an
effective date and date of rank of 1 Dec  98.   On  4  May  99,  he
reenlisted for a  period  of  six  years  in  the  grade  of  staff
sergeant.

On 21 Nov 03, applicant acknowledged receipt of a  referral  airman
performance report for the period of 2 Dec 02 –  20  Nov  03.   The
report contained comments  and  ratings  that  made  the  report  a
referral; specifically, the ratings in Sec. III, Item 3, “fails  to
meet minimum standards,” and the comments in  Sec.  V,  “unable  to
maintain body fat standards,” caused the report to  be  a  referral
report.  Applicant elected not to submit a rebuttal.

On  28  May  04,  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208 with a  reason  of  miscellaneous/general
reasons.  He was credited with 12 years, 11 months, and 19 days  of
active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended denial.  They  found  the  discharge  was
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, that the discharge was  within
the discretion of the discharge authority.   They  also  noted  the
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing.

HQ AFPC/DPPRS complete evaluation is at Exhibit C.

HQ AFPC/JA recommended denial, stating,  in  part,  they  found  no
error or injustice in the processing  of  the  member’s  separation
and, therefore, no entitlement  to  separation  pay  or  additional
moving expenses.

They found no evidence of any improper motive on the  part  of  the
squadron in waiting until the member returned from leave  to  serve
the  discharge  package.   The  squadron  properly  processed   and
prepared the discharge package, but  were  simply  prohibited  from
executing the discharge once the new Air Force Fitness program took
effect on 1 Jan 04.

Applicant questions  whether  the  squadron  timely  processed  the
discharge package under the WBFMP.  Implicit in  her  claim  is  an
allegation  that  the  squadron  intentionally  delayed  completing
and/or serving the discharge package to  prevent  the  member  from
obtaining any monetary  benefits  under  that  type  of  discharge.
There  is  no  evidence  to  support  such  speculation,  and   her
unsupported arguments do not overcome the strong, but  regrettable,
presumption that Air Force officials properly perform their duties.

The evidence supports the presumption that the  circumstances  just
did not work out to enable the squadron to more quickly  serve  the
member before the new Air Force  Fitness  Program  made  the  WBFMP
obsolete.  They could not discern any error  or  injustice  in  the
processing of the  applicant’s  husband’s  discharge.   The  member
ultimately chose to leave the Air Force  voluntarily  in  2004—with
all the attendant rules regarding pay and entitlements.

HQ AFPC/JA complete evaluation is at Exhibit D.

___________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In the applicant response, she reiterates her original  contentions
and cites specific events surrounding the circumstances leading  to
her husband’s discharge and subsequent death.

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

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of an error or injustice warranting a change  in  the
narrative reason for separation and entitlement to  separation  pay
and moving expenses.  We considered the applicant’s stated request;
however, after careful review of the available records, it  appears
the  deceased  military  member  was  voluntarily   discharged   on
28 May 04, after 12 years, 11 months, and 19 days  of  active  duty
service.  The discharge  appears  to  be  in  compliance  with  the
governing directives and we find no evidence to indicate  that  his
separation from  the  Air  Force  was  inappropriate  or  that  the
applicant was not afforded all the rights to which entitled at  the
time  of  discharge.   Nevertheless,  the  majority  of  the  Board
believes that there may have  been  mitigating  circumstances  that
affected the applicant’s prior discharge processing  while  in  the
WBFMP.  In this regard, it  appears  that  it  took  an  inordinate
amount of time to  process  the  applicant’s  discharge  under  the
WBFMP.  Therefore, the majority of the Board is of the opinion that
had the prior discharge action been processed in a  timely  manner,
the deceased  military  member  would  have  been  discharged  with
entitlement to separation pay and moving expenses.  In view of  the
above, the majority of the  Board  recommends  that  the  narrative
reason for separation and  the  corresponding  separation  code  be
changed to  reflect  “Weight  Control  Failure,  with  one  -  half
separation pay,” including entitlement to moving expenses.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that on 28 May 2004, he
was honorably discharged under the provisions of  AFI  36-3208,  by
reason of (Weight Control Failure), with  entitlement  to  one-half
separation pay, and a corresponding Separation  Program  Designator
(SPD) code of “GCR,” and in accordance with the provisions  of  the
Joint  Federal  Travel  Regulations  (JFTR),   Paragraph   U5012-I,
competent authority  determined  that  his  entitlement  to  moving
expenses was extended.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-00724 in Executive Session on 26 September 2006, under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Patrick C. Daugherty, Member

By  a  majority  vote,  the  Board  voted  to  grant  the  request.
Mr. Russell voted to grant entitlement to moving expenses; however,
he voted to deny the request to change the DOS  and  severance  pay
and did not desire to submit  a  minority  report.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 8 Dec 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 7 Jun 06.
      Exhibit D.  Letter, HQ AFPC/JA, dated 5 Jul 06.
      Exhibit E.  Letter, SAF/MRBR, dated 14 Jul 06.
      Exhibit F.  Letter, Applicant, dated 21 Jun 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair



AFBCMR BC-2006-00724




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of  the  Air
Force relating to XXXXXXXXX, XXXXXXX, be corrected to show that  on
28 May 2004, he was honorably discharged under  the  provisions  of
AFI  36-3208,  by  reason  of  (Weight   Control   Failure),   with
entitlement  to  one-half  separation pay,  and   a   corresponding
Separation  Program  Designator  (SPD)  code  of  “GCR,”   and   in
accordance  with  the  provisions  of  the  Joint  Federal   Travel
Regulations  (JFTR),   Paragraph   U5012-I,   competent   authority
determined that his entitlement to moving expenses was extended.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency