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AF | BCMR | CY2013 | BC-2013-00907
Original file (BC-2013-00907.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00907

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reentry (RE) code of 4J (Entered into Phase I of the Air 
Force Weight Program (WMP), or the unit commander has declared 
the airman ineligible to reenlist for a period of Phase II or 
probation) be changed to allow her to reenter military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was on the WMP at the time she became pregnant, and was 
separated without an opportunity to meet standards. 

The applicant’s complete submission at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 27 Aug 92, the applicant commenced her enlistment in the 
Regular Air Force.

On 18 Mar 96, the applicant’s enlisted performance report (EPR), 
rendered for the period 15 Feb 95 to 14 Feb 96, was referred to 
her for an unsatisfactory rating in Block 3, How Well Dose Ratee 
Comply With Standards, and comments relating to her failure to 
maintain weight and appearance standards.

On 19 Feb 97, the applicant requested a four month extension to 
her enlistment to allow for medical care for pregnancy.  On 
3 Mar 97 her commander approved the request and her date of 
separation (DOS) was changed from 26 Jul 97 to 26 Nov 97, with a 
RE code of 4J.

On 26 Nov 97, the applicant was furnished a honorable discharge 
with a narrative reason for separation of “Completion of 
Required Active Service,” along with a separation program 
designator (SPD) code of KBK (Completion of Active Service) and 
RE code of 4J.  She was credited with five years and three 
months of total active service.
The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C, 
D, and E.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant is not contesting that 
her 4J RE code is erroneous, just that she should have been 
afforded an opportunity to meet standards.  There is no evidence 
in the applicant’s submission or the evidence of record to 
indicate the contested RE code is incorrect.  To remove or 
update the RE code 4J required notification from the WMP OPR.  
There was no WMP data in the applicant’s personnel record.  
Without input from the WMP OPR the applicant’s status on WMP 
cannot be verified.

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

AFPC/DPSIM recommends denial indicating there is no evidence of 
an error or an injustice.  Although the applicant’s records do 
not contain WMP documentation it appears she was in the WMP in 
an unsatisfactory status from 15 Feb 95 through 14 Feb 96.  
However, there is no documentation available reflecting her 
status on the WMP beyond 14 Feb 96.  The documentation provided 
indicates she was pregnant and granted an extension to receive 
medical care.  Under the provisions of AFI 40-502, The Weight 
and Body Fat Management Program, unit commanders may approve up 
to 18 months of deferral for pregnancy, based on a physician’s 
recommendation.  However, the applicant has not provided any 
documentation from a physician validating her pregnancy, nor has 
she provided any WMP documentation reflecting her status in the 
WMP.

A complete copy of the AFPC/DPSIM evaluation is at Exhibit D.

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error an injustice.  Based on the evidence of record the 
applicant’s service characterization, narrative reason for 
separation, and separation program designator code (SPD) are 
correct and in accordance with the Department of Defense (DoD) 
and Air Force instructions.  Furthermore, the discharge was 
consistent with the procedural and substantive requirements of 
the discharge instruction and was within the discretion of the 
discharge authority.  The applicant has not provided any 
evidence identifying errors or injustices in the processing of 
her discharge.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit E.

________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 13 Dec 13 for review and comment within 30 days 
(Exhibit F).  As of this date, no response has been received by 
this office.

________________________________________________________________

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.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
an injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granted the relief 
sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2013-00907 in Executive Session on 23 Jan 14, under 
the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member




The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-00907 was considered:

	Exhibit A.  DD Form 149, dated 18 Feb 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSOA, dated 20 Sep 13.
	Exhibit D.  Letter, AFPC/DPSIM, dated 2 Nov 13.
	Exhibit E.  Letter, AFPC/DPSOR, dated 20 Nov 13.
	Exhibit F.  Letter, SAF/MRBR, dated 13 Dec 13.




                                    
                                   Panel Chair

 

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