AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD01-00030
DEPARTMENT OF THE A I R FORCE
AIR FORCE DISCHARGE REVIEW BOARD
2WDREWS AFB, MD
( Former AMN)
-91
F D - 0 1 - 0 0 0 3 0
1 . MATTER UNDER REVIEW: ..ppl rec'd a GEN Disch fr USAF 89/1
para 5-26f (Exceeding Air Force Weight Standards). Appeals for Honorable Disch.
/22 UP AFR 39- 0 ,
2 . BACKGROUND:
a. DOB: 65/02/20. Enlmt Age: 21 4/12. Disch Age: 24 9/12. Educ:HS DIPL.
AFQT: N/A. A-58, E-57, G-62, M-43. PAFSC: 98150 - Dental Assistant
Specialist. DAS: 87/02/07.
b. Prior Sv: AFRes 86/07/09 - 86/08/25 (1 month 17 days)(Inactive).
3 . SERVICE UNDER REVIEW:
a. Enld as AMN 86/08/26 for 4 yrs. Svd: 3 Yrs 2 Mo 27 Das, all AMs.
b. Grade Status: AMN - 89/09/25 (Demotion, Special Order No.AA-16)
A1C - 87/06/26
-
-
c. Time Lost: none.
d. Art 15's: none.
e. Additional: none.
f. CM: none.
g. Record of SV: 86/08/26 87/08/25 Ellsworth AFB 9 (Annual
87/08/27 88/08/25 Ellsworth AFB 9 (Annual
88/08/26 89/08/25 Ellsworth AFB 4 (Annua1)REF
(Discharged from Ellsworth AFB)
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: ( 3 ) Yrs (4) Mos (14) Das
TAMS: ( 3 ) Yrs (2) Mos (27) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/11/27.
(Change Discharge to Honorable)
Issue 1: Please upgrade my discharge to fully honorable. I was discharge
(sic) simply because I could not met (sic) the weight standards of the US Air
Force. I cooperated with every program I was offered in an attempt to lose
weight. I went through several weight management programs, but I found it
impossible to lose weight. While in the Air Force, I perform (sic) my duties in
a professional and honorable manner. In fact, you will find within the enclosed
Air Force Personnel records, written reports noting that I performed my duties
in an "exceptional manner." I should not be penalized because the physical
make-up of my body would not allow me to lose weight no matter how hard I tried.
It was difficult enough to be discharge (sic) from service, but its (sic) simply
unfair to have received a less than fully honorable discharge for ssmething that
is beyond my control.
FDO1-00030
ATCH
1. DD Form 214.
2. Request and Authorization for Separation, 21 Nov 89.
3 . American Legion Cover Letter, 27 Nov 00.
4. Enlistment Documents.
5. Recommendation for Discharge.
6. Legal Review.
7. Report on Individual Personnel.
8. Member Questionaire.
9. Copy of Discharge Correspondence.
01 /01/25/ia
DEPARTMENT O F T H E AIR F O R C t
HEADQUARTERS 12TH AIR DIVISION (SAC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA 57706-5000
REPLY TO
ATTN. O F JA
SUWECT: Legal Review of AFR 39-10 Discharge:
17 November 1989
s u f f i c i e n t .
case f i l e concerning
and f i n d i t l e g a l l y
BACKGROUND: On 6 Nov 89, 812 STRAT HOSP/CCQ i n i t i a t e d t h i s s e p a r a t i o n
2.
a c t i o n pursuant t o AFR 39-10, paragraph 5-26f, f o r exceeding weight standards.
The commander recommended a general discharge without probation and
r e h a b i l i t a t i o n ( P & R). On t h e same d a t e ,
n o t i f i c a t i o n of t h i s action. On 6 Nov 89,
statements a f t e r seeking counsel.
eceived and acknowledged
aived h i s r i g h t t o submit
3. SUMMARY OF THE EVIDENCE:
a. The reasons f o r t h e proposed discharge a c t i o n include t h e following:
during t h e period of 24 Mar 89 t o 10 O c t 89, he f a i l e d t o maintain s a t i s f a c t o r y
progress on t h e AFR 35-11, Weight Management Program on f i v e separate occasions.
.b. The respondent is 24 years old, and has t h r e e years and two months of
His record contains two APRs with o v e r a l l r a t i n g s of
H e a l s o has t h r e e Letters
a c t i v e m i l i t a r y service.
"9.''
of Reprimand and unfavorable information f i l e s e n t r i e s .
H e has one EPR w i t h an o v e r a l l r a t i n g of "4."
4. DISCUSSION:
a.
I n my opinion, t h e respondent's record of exceeding weight standards
provides a s u f f i c i e n t basis f o r ' discharge and i n d i c a t e s t h a t he should be
separated from t h e service.
b.
commander's recommendation, t h e t h r e e L e t t e r s of Reprimand a fc. d AF F o T 3 9 3 ,
I n considering the appropriate c h a r a c t e r i z a t i o n of e r v i c e , I n o t e t h e
i n d i v i d u a l record for weight management.
Viewed i n i t s t o t a l i t y ,
record during t h i s c u r r e n t term of s e r v i c e c o n s t i t u t e s such a si
negative a s p e c t as t o outweigh t h e p o s i t i v e f e a t u r e s of h i s m i l i t a r y r e c o r d ,
thereby warranting a general discharge.
C.
The respondent's record of numerous d e f i c i e n c i e s and h i s f a i l u r e t o
conform t o standards a f t e r repeated e f f o r t s t o r e h a b i l i t a t e him i n d i c a t e t h a t
he received preprocessing r e h a b i l i t a t i o n under paragraph 5-2, and furthermore,
t h a t t h e respondent i s not a s u i t a b l e prospect f o r P & R.
continued r e t e n t i o n i n a probationary s t a t u s would be p r e j u d i c i a l t o good order
and d i s c i p l i n e .
I n a d d i t i o n , any
P e a c e .
.
. . i s o u r P r o f e s s i o n
I ’
8
.
r
5. OPTIONS:
--s t h e S p e c i a l Court- Martia
Convening Authority, you may:
a. Retain t h e respondent;
b. Recommend t h a t respondent be separated with an honorable discharge,
w i t h or without an o f f e r of P & R; or
c. Direct t h e respondent be separated with a g e n e r a l discharge, w i t h or
without an o f f e r of P & R.
6. RECOMMENDATIONS: I recommend t h a t you s e p a r a t
paragraph 5-26f, w i t h a general discharge, without a n o f f e r of P 6 R.
under &R 39-10,
1 Atch
Case F i l e
. . -I
D E P A R T M E N T OFTHE AIR FORCE
812TH STRATEGIC HOSPITAL (SAC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA 57706-5000
REPLY TO
ATTN.oF: 812 STRAT HOSP/CCQ
SUBJECT Notification Letter
TO.
6 Nov 89
-
-
I am recommending your discharge from the United States Air Force for
1 .
The authority for this action is AFR 39-10, para
exceeding weight standards.
5-26f. If my recommendation is approved, your service will be characterized a s
honorable or general. I am recommending that your service be characterized as
genera 1.
2. My reasons for this action are:
a. During the period of 24 Mar 89 to 10 Oct 8 9 , you failed to maintain
satisfactory progress on the AFR 35-11 Weight Management Program (WMP) on five
separate occasions.
Copies of the documents to be forwarded t o the separation authority in
support of this recommendation are attached. The commander exercising SPCM
jurisdiction or a higher authority will decide whether you will be discharged or
retained in the Air Force and if you are discharged, how your service will be
characterized. If you are discharged, you will be ineligible for reenlistment in
the Air Force.
3. You have the right to consult counsel. MilitaFy legal counsel has been
I have made an appointment for you to consult Capt
ist you.
at Bldg 2405 on 6 Nov 89 at 0815 hrs. You may consult civilian
counsel at your own expense.
4. You have the right to submit statements in your own behalf. Any statement
you want the separation authority to consider must reach me by 9 Nov 89 , unless
I will send them to
you request and receive an extension for good cause shown.
the separation authority.
. - 5
.-
5. You are scheduled for a medical examination on 31 Oct 89 at 0815.
P e a c e .
. . . i s o u r P r o f e s s i o n
Any personal information you furnish in rebuttal is covered by the Privacy '
6.
Act Statment as explained in AFR 39-10, attachment 6.
available in your orderly room.
A copy of AFR 39-10 is
and return it to me immediately.
3 Atchs
1. Doc Supporting Recommendation for
Info
Amn's Receipt of Notification Letter
3.
Disgharge
2. Doc containing other Derogatory
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