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AF | BCMR | CY2013 | BC 2013 04054
Original file (BC 2013 04054.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04054
	
		COUNSEL:  NONE

		HEARING DESIRED:  YES


________________________________________________________________

APPLICANT REQUESTS THAT:

Her reentry code of 4J (entered into Phase I of the Air Force 
Weight Program, or the unit commander has declared the airman 
ineligible to reenlist for a period of Phase II or probation) on 
her DD Form 214, Certificate of Release or Discharge from Active 
Duty, be changed so she can re-enlist.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was not discharged for failure to meet weight standards.  
She separated voluntarily and her voluntary separation does not 
correlate with the 4J reentry code.  Initially, she had an 
ectopic pregnancy and then returned to routine physical 
conditioning.  Physical conditioning created bursitis, and she 
was placed on profile.  Subsequently, she became pregnant and 
the profile remained in effect.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate she enlisted 
in the Regular Air Force on 13 Oct 88.

On 7 Apr 91, the applicant was diagnosed with having a right 
ectopic pregnancy.  

On 13 Feb 92, the applicant received a profile due to heel 
bursitis restricting her from running, aerobics, and waiving her 
from the weight management program (WMP).

On 1 Jul 92, the applicant was furnished an Honorable discharge 
and was credited with 3 years, 8 months, and 19 days of total 
active service and issued an RE code of 4J (entered into Phase I 
of the Air Force Weight Program, or the unit commander has 
declared the airman ineligible to reenlist for a period of Phase 
II or probation), and a narrative reason for separation of 
“volunteer miscellaneous reasons.”

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or injustice.  While the applicant contends that she 
was not discharged due to weight standards, her RE code of 4J 
was appropriately issued because she was on the weight program 
at the time of separation.  The applicant's RE code 4J is 
correct per AFI 36-2606, Reenlistment in the USAF, chapter 5, 
based on her being on the weight program.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

AFPC/DPSID recommends denial, indicating there is no evidence of 
an error or injustice.  While the applicant contends that her 
reentry code is incorrect because she was not discharged for 
failure to meet weight standards, she provides no evidence to 
indicate at the time of discharge she met requirements for the 
weight management program (WMP).  Available references for the 
WMP program indicate that the applicant could have been in one 
of two phases.  Phase I is the initial entry period where the 
applicant was entered into the program for exceeding weight and 
body fat standards; she would have been monitored to see if she 
was able to drop below the maximum amount allowed and then 
advance into Phase II.  Phase II is considered the observation 
period for a minimum of six months.  Because unit commanders may 
approve a medical deferral for up to 18 months based on a 
recommendation from the applicant’s medical practitioner at that 
time, her WMP file and her delivery date would need to be 
supplied to evaluate whether or not such a deferral from the 
commander existed to grant her relief and change the reentry 
code.  Absent this information, there is no way of identifying 
what her status was within the WMP at the time of separation.  
Therefore, the reentry code of 4J is correct IAW AFI 36-2606, 
Reenlistment into the United States Air Force, chapter 5, based 
on her being on the WMP at the time of separation.  Her 
contention that because she voluntarily separated does not 
negate the fact that she was on this program when she separated; 
her RE code is correct and should not be changed from 4J to 4E.
  
A complete copy of the AFPC/DPSID evaluation is at Exhibit D.

________________________________________________________________






APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant 
on 17 Jan 14 for review and comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit E).

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction    
36-2603.  Applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the applicant’s failure to file in a timely 
manner.  
________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-04054 in Executive Session on 24 Sep 14, under 
the provisions of AFI 36-2603:

	Ms., Panel Chair
	Ms., Member
	Mr., Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Aug 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOA, dated 15 Oct 13.
	Exhibit D.  Letter, AFPC/DPSIM, dated 2 Jan 14.
	Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 14.








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