Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-00923
Original file (BC-2007-00923.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00923
            INDEX CODE:  100.06, 110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed so that he  can  join  the
Air National Guard.

________________________________________________________________

APPLICANT CONTENDS THAT:

He had an impeccable record while in the military.  He  was  forced  out  of
the military for exceeding weight standards.

In support of his request, the applicant submits a copy of  his     DD  Form
214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  15  Apr  85;  he  served  on
continuous active duty and entered his last reenlistment on 10 Apr  92,  for
a period of six years.  His highest grade held was staff sergeant.

Applicant’s Airman/Enlisted Performance Report (EPR) profile follows:

     PERIOD ENDING            OVERALL PROMOTION EVALUATION

      14 Apr 86        9
      14 Apr 87        9
          14 Apr 88          9
          14 Apr 89          9
     *31 Mar 90        5
       1 Sep 90        5
       8 Nov 91        4
       8 Nov 92        4

* Start of ratings under new Enlisted Performance Report (EPR) system  where
“5” is the highest rating.

On 30 Jul 91, the member was entered  into  the  Weight  Management  Program
(WMP).  At that time  the  member  weighed  204  pounds  and  his  body  fat
measurement (BFM) was 25 percent, exceeding his BFM standard of 20 percent.

On 4 Feb 93, the applicant’s commander  recommended  he  be  discharged  for
exceeding body fat standards.  The reasons for the discharge action were:

     a.  On 28 Jan 93, the applicant failed to maintain his body fat  at  or
below the required 20 percent while on the Weight Management  Program  (WMP)
for which he received a Letter of  Reprimand  (LOR)/Unfavorable  Information
File dated 29 Jan 93.

     b.  On 23 Nov 92, the applicant failed to maintain his body fat  at  or
below the maximum 20 percent while in the observation period (Phase  II)  of
the WMP for which he received a LOR.

     c.  On 14 Aug 92, the applicant failed to maintain his body fat  at  or
below the maximum 20 percent while in the probation period of  the  WMP  for
which he received a LOR.

     d.  On 1 Oct 91, the applicant failed to lose the required two  percent
body fat according to AFR 35-11 for which he received a LOR.

After consulting with counsel, applicant  waived  his  right  to  a  hearing
before an administrative discharge board and did not  submit  statements  in
his own behalf.  On 18 Feb 93, the wing Staff Judge Advocate found the  case
file legally sufficient to support separation.

On 22 Feb 93,  the  discharge  authority  approved  the  recommendation  for
discharge.  Applicant was  honorably  discharged  on  2  Mar  93  under  the
provisions of AFR 39-10, for exceeding body fat standards, and issued an  RE
code of 4B (separated honorably  for  exceeding  body  fat  standards).   He
served 7 years, 10 months, and 18 days of active duty military service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the request be denied and  states,  in  part,  that
after a review of the documents submitted by the applicant and a  review  of
his personnel record, there is nothing  to  support  the  course  of  action
requested by the applicant.

The DPPAE complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 May 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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.   Applicant’s  contentions  are  duly
noted; however, we are not persuaded that the applicant has been the  victim
of an error or injustice.  At the time members are separated  from  the  Air
Force, they are furnished an RE code predicated upon the  quality  of  their
service and circumstances of  their  separation.   The  RE  code  which  was
issued at  the  time  of  applicant’s  separation  accurately  reflects  the
circumstances of his separation and we do not find this  code  in  error  or
unjust.  In view of the foregoing, we find no basis upon which to  recommend
favorable action on his request that it be changed.

_________________________________________________________________

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-2007-00923
in Executive Session on 29 June 2007, under the provisions of AFI 36-2603:

      Ms. B.J. White-Olson, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Patricia R. Collins, Member






The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00923 was considered:

    Exhibit A.  DD Form 149, dated 20 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 26 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 07.




                                   B.J. WHITE-OLSON
                                   Panel Chair

Similar Decisions

  • AF | DRB | CY2002 | FD2002-0116

    Original file (FD2002-0116.pdf) Auto-classification: Denied

    PEKSUONAL APPEARANCE _| X RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION * ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBERS SITTING ae, PT {ISSUES INDEX NUMBER BITS SUBMITE DAR A94.06, A93.10 A67.10 1 | ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE — 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE ° 02-08-15 FD2002-0116 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ™ PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL...

  • AF | DRB | CY2003 | FD2003-00076

    Original file (FD2003-00076.pdf) Auto-classification: Denied

    This was a one pound weight loss and four percent body fat gain from your previous (ita monthly weight evaluation on 26 Jun 96, constituting unsatisfactory progress on the [P. On 14 Aug 96, you acknowledged your weight and body fat percentage determined on 30 Jul 96, as evidenced by your signature on AF Form 393, Individual Record of Weight Management, at attachment 1. g. On 7 Oct 96, you weighed 240 pounds and your body fat percentage was determined to be JS? In response to this...

  • AF | BCMR | CY2003 | BC-2002-00882

    Original file (BC-2002-00882.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-00882 INDEX CODE: 126.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Article 15 be set aside so that her discharge can be upgraded so that she may qualify for Montgomery GI Bill (MGIB) benefits. The service member may then consult with a defense counsel to determine whether to accept nonjudicial...

  • AF | BCMR | CY2004 | BC-2004-01146

    Original file (BC-2004-01146.DOC) Auto-classification: Denied

    On 1 Apr 98, the member was entered into the Weight and Body Fat Management Program (WBFMP). Applicant was honorably discharged on 21 Dec 99, in the grade of airman first class, under the provisions of AFI 36- 3208, by reason of weight control failure. A complete copy of the AFPC/DPPAE evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 Aug 04, copies of the Air Force evaluations were forwarded...

  • AF | BCMR | CY1998 | 9702695

    Original file (9702695.pdf) Auto-classification: Denied

    He was entered into the weight management program (WMP) because he failed to meet the Air Force weight standards. He gained more than 70 pounds in 3 months and it was due to the thyroid problem. The board recommended applicant be separated from the Air Force with an honorable discharge, without probation and rehabilitation.

  • AF | DRB | CY2003 | FD2003-00245

    Original file (FD2003-00245.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AlC) (HGH SRA) 1. For this you received an LOR, dated 9 Sep 92. c. Since your enrollment in the WMP, 2 Apr 92, your attitude at best has been poor towards AF Standards, to wit your inability to comply with standards ai weight, and missing several Weight Management Program classes. -5,un (AF Form 10581, dated 20 May 82. h. On or about 23 Mar 92, you reported to Airman Leadership...

  • AF | BCMR | CY2003 | BC-2001-02656

    Original file (BC-2001-02656.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02656 INDEX CODE: 100.06 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code of 4B be changed. While the applicant did meet weight standards on 27 Apr 98, she exceeded her body fat standard by one percent. ...

  • AF | BCMR | CY1998 | 9703243

    Original file (9703243.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). A medical evaluation, diet counseling(s), 90-day exercise program, and monthly checks are provided as rehabilitative support for individuals who exceed weight and body fat standards. The Interim Message Change (IMC) 93-1, to AFR 35-1 1, 5 Feb 91, was not effective until 30 Jun 93.

  • AF | BCMR | CY1998 | 9601597

    Original file (9601597.pdf) Auto-classification: Approved

    Office of the Assistant Secretary AFBCMR 96-01 597 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC JUL 1 3 1998 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: ilitary records of the Department of the Air Force relating t- be corrected to show that he was not reduced to the grade of Airman...

  • AF | BCMR | CY2004 | BC-2003-01839

    Original file (BC-2003-01839.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01839 INDEX NUMBER: 108.00 XXXXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge from the Air Force for exceeding body fat standards be changed to a medical retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: In a...