RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02759
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The applicants Honorable discharge be changed to a Medical Retirement.
APPLICANT CONTENDS THAT:
He served over 16 years of Honorable service.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air National Guard (ANG) during the period of time in question.
On 6 Dec 81, the applicant was determined to be 71 pounds overweight during his physical examination.
On 16 Jan 83, the applicant weighed 257 pounds, 75 pounds over his maximum allowable weight of 182 pounds. His deputy commander notified him he was still overweight in accordance with the weight standards established by AFR 35-11, Air Force Physical Fitness Program.
On 28 Apr 86, the applicants commander notified him intended to recommend him for administrative discharge due to his failure to maintain weight standards.
On 25 Jun 86, the applicants commander recommended the applicant be administratively discharged, and advised him of his right to legal counsel, to an administrative discharge board (ADB), and to submit statements on his own behalf.
On 16 Oct 86, the applicants commander recommended the applicant be involuntarily discharged. After an ADB recommended his discharge, the discharge authority concurred with the ADB findings and recommendation and directed the applicant be involuntarily discharged.
On 8 Nov 86, the applicant was furnished an NGB Form 22 which showed he was separated for exceeding weight standards, and he was credited with 16 years, 10 months, and 17 days of total service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
BCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. In order to consider a service member for a medical retirement there must be evidence of existence of a disqualifying [and in line-line-of-duty in the case of an Air Reserve component member] medical condition that interfered with the service members ability to perform military service to the extent and duration that rendered him non-worldwide qualified and warranted referral for a Medical Evaluation Board (MEB). The bulk of the supplied medical and administrative documentation is related solely to the applicants struggles with achieving and maintaining Air Force weight standards while serving in the ANG. No medical evidence was supplied which indicates the existence of a disqualifying medical condition that warranted a medical discharge. No evidence is supplied to indicate the applicants inability to lose weight was the result of an undiagnosed disqualifying medical condition rendering him eligible for medical separation. The Medical Consultant opines the burden of proof or error or injustice has not been met.
A complete copy of the BCMR Medical Consultant evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11 Feb 15 for review and comment within 30 days (Exhibit D). 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 an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-02759 in Executive Session on 16 Apr 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant, dated 6 Feb 15.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 15.
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