AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE :
HON PERSONAL APPEARANCE X RECORD REVIEW
ig] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

   

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER
A94.55, A01.55 A13.00 1
2, | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-05-21 FD2003-00076 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

    

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

SIGNATURE OF R a IGNATURE OF BOARD PRESIDENT

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: 530 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
| RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR

 

 

ANDREWS AFB, MD 20762-7002

      

AFHQ FORM 0-2077, JAN 00 (EF-V2)

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals to change the reason and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Change of reason and authority for discharge are denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

ISSUES: Applicant received an honorable separation when he resigned in lieu of undergoing further
administrative discharge proceedings for failure in the weight management program (WMP). Applicant
contends the narrative reason for the discharge reflected on his DD Form 214, Certificate of Release or
Discharge from Active Duty, in block 28 is misleading, incorrect, and legally insufficient. Applicant
believes that block should reflect that he resigned his commission. The Board notes that block 23, “type of
separation,” properly reflects that member resigned. And although member resigned to avoid further
administrative discharge processing, the basis for the discharge remains the same as that for which he was
recommended for administrative separation, namely weight control failure. The record clearly reflects that
member had six periods of unsatisfactory performance under the WMP and was subject to discharge after
four such unsatisfactory periods. Member’s maximum allowable weight was 221 pounds, and his
maximum allowable Body Fat Measurement (BFM) was 20 percent. When he entered the program in April
1993 he weighed 258.5 pounds and was 33.6 percent BFM. At the time of his sixth unsatisfactory period in
November 1996, he weighed 245 pounds and was 29 percent BFM.

The applicant noted he desires to serve in the Army Judge Advocate General Corps and cites the Military
Entrance Processing Station view that his discharge for weight control failure constitutes a medical
disqualification. Although applicant believes this is waiverable, he notes it has delayed and complicated the
process. While the Board commends applicant on his desire to return to military service, and is sympathetic
to the impact the reason for discharge may have on his reentry status, this is not a matter of equity or
propriety that warrants a change.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis to
change the reason or authority for discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00076

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ar (Former CAPT) (HGH CAPT)

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 7 Oct 97 UP AFI 36-3207,
para 2,21 (Resignation Instead of Undergoing Administrative Discharge Proceedings
- Weight Management Failure). Appeals for a Change in Reason and Authority for
Discharge.

 

2. BACKGROUND: .

a. DOB: 13 Mar 67. Enlmt Age: 21 6/12. Disch Age: 30 6/12. Educ:
BACHELOR DEGREE. AFOT: N/A. A-N/A, E-N/A, G-N/A, M-N/A. PAFSC: 21A3 -
Aircraft Maintenance and Munitions. DAS: 23 Jun 91.

b. Prior Sv: (1) AFRes 28 Sep 88 - 8 Jun 90 (1 yr 8 mos 11 das) (Inactive).

(2) Appointed to 2Lt USAFR 1 Jun 90. Swd: 1 yr 0 mos 21 days
(Inactive).

3. SERVICE UNDER REVIEW:
a. Ordered to EAD as 2Lt 23 Jun 91. Svd: 6 Yrs 3 Mo 15 Das, all AMS.

b. Grade Status: Capt - 16 Dec 94
1Lt - 16 Dec 92

c. Time Lost: None.
d. Art 15’s: None,

e. Additional: LOR, 26 NOV 96 - Failure in Weight Management Program.
LOC, 16 OCT 96 - Unsatisfactory dress and appearance.
LOR, 07 OCT 96 - Failure in Weight Management Program.
LOC, 01 AUG 96 - Failure to perform a midterm performance

feedback.

LOR, 12 JUL 96 - Failure in Weight Management Program.
LOR, 05 OCT 94 ~- Failure in Weight Management Program.
LOR, 16 MAY 94 - Failure in Weight Management Program.
LOC, 30 DEC 93 - Failure in Weight Management Program.

ff. CM: None.

g. Record of SV: 23 Jun 91 - 28 Aug 92 Dover AFB YE (Annual)
29 Aug 92 - 31 Mar 93 Dover AFB YE (CRO)
01 Apr 93 - 31 Mar 94 Dover AFB YE (Annual)
01 Apr 94 - 31 Mar 95 Dover AFB YE (Annual)

01 Apr 95 - 06 Mar 96 Sheppard AFB YE (CRO)
07 Mar 96 - 06 Mar 97 Sheppard AFB NE (Annual) REF
FD2003-00076
(Discharged from Sheppard AFB)
h. Awards & Decs: AFLSAR, AFTR, NDSM, AFOUA W/1 DEV.

i. Stmt of Sv: TMS: (9) Yrs (0) Mos (10) Das
TAMS: (6) Yrs (3) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 10 Feb 03.
(Change Reason and Authority for Discharge)

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues with Attachments.

2APRO3/ia
DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

 

MEMORANDUM FOR

 

_ FROM: 82 TRW/CC

SUBJECT: Notification of Action Initiated Under AFI 36-3206, Chapter 2, paragraph 2.3.8

1. I am initiating action against you under AFI 36-3206, Chapter 2, paragraph 2.3.8.

2.' Tam taking this action because of your failure to make satisfactory progress in the Weight
Management Program (WMP) as outlined in AFI 40-502. Specifically:

a. In Apr 93, you were entered into Phase I of the WMP with a maximum allowable weight
of 221 pounds, and a maximum allowable body fat percentage of 20 percent. Your weight was
258.5 pounds and your body fat percentage was determined to be 33.6 percent.

b. On 29 Dec 93, you weighed 236 pounds and your body fat percentage was determined to
be 26 percent. This was a zero weight loss and zero percent body fat change from your previous
_ official monthly weight evaluation on 23 Nov 93, constituting unsatisfactory progress on the
- WMP, for which you received a letter of counseling.

c. On 16 May 94, you weighed 250 pounds and your body fat percentage was determined to
be 28 percent. This was a one pound weight gain and two percent body fat gain from your
previous official monthly weight evaluation on 13 Apr 94, constituting unsatisfactory progress
on the WMP, for which you received a letter of reprimand.

d. On 13 Sep 94, you weighed 251 pounds and your body fat percentage was determined to

vv be 27 percent. This was a seven pound weight gain and one percent body fat gain from your
previous official monthly weight evaluation on 12 Aug 94, constituting unsatisfactory progress

on the WMP, for which you received a letter of reprimand.

e. On 29 Nov 95, you were entered into Phase II of the WMP;-which required you to
maintain body fat percentage at or below 20 percent.'.On 26/Jun.96, you weighed 243 pounds
_- and your body fat percentage was determined to be 25 percéiit: This was an eleven pound weight
loss and five percent body fat gain from your previous official monthly weight evaluation on 15
May 96, constituting unsatisfactory progress in Phase II of the WMP, for which you received a
letter of reprimand.

‘
FD 2003 - LOOT CS

f. On 30 Jul 96, you weighed 242 pounds and your body fat percentage was determined to be
29 percent. 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? percent. This was a two pound weight loss and two percent body fat gain from your previous
official monthly weight evaluation on 5 Sep 96, constituting unsatisfactory progress on the
WMP, for which you received a letter of reprimand.

h. On 20 Nov 96, you weighed 245 pounds and your body fat percentage was determined to
je 29 percent. This was an five pound weight gain and zero percent body fat change from your
previous official monthly weight evaluation on 7 Oct 96, constituting unsatisfactory progress on

the WMP, for which you received a letter of reprimand.

The least favorable character of discharge that the Secretary of the Air Force may approve in this
case is honorable. Attached are copies of documentary evidence to support this action.

3. Sign and date the attached memorandums of acknowledgment immediately upon receiving
this notification memorandum. Give one copy of the acknowledgment memorandum to the
officer presenting this notification memorandum to you. If you decline to acknowledge receiving
this notification memorandum, the officer presenting it to you will show on it the date and time
that you declined to acknowledge receiving it. The notification and acknowledgment

memorandums will be part of your case file.

4. Familiarize yourself with AFI 36-3206, particularly the rights that you have and the actions

that the MAJCOM may take on receipt of your reply to the action initiated. Contac QQ
SNe. cxtension 6-2186, Building 1638, to discuss the procedures involved and your

rights and options. If you decline counsel, contac mea, Chief, Military
Personnel Flight, extension 6-7715, Building 402, Room 322A, for counseling about your rights
and options. If you do not take action or respond as specified in the following paragraphs, the
MAJCOM will proceed with further action under AFI 36-3206.

5. Within 10 calendar days after you receive this notification memorandum, indorse it directly to
HQ AETC/DPPAFQ, 1851 1st Street East Ste 1, Randolph AFB TX 78150-4315. The

MAJCOM will proceed with further action under AFI 36-3206 if it does not receive the
indorsement within the allotted time. Include in your indorsement:

a. A statement of whether you want to comment or submit documentary evidence that you
want considered in evaluating your case. Attach any statements or documentary evidence. If
you are unable to submit your statements or documentary evidence within 10 calendar days after
receiving this notification memorandum, you may request more time as allowed under
F p2003 ~ 26076

AFI 36-3206. If you have requested more time to respond to the action initiated, attach a copy of
your request.

b. A statement Chat RIN ounscled you and that you fully understand your rights and

options in this action. If you declined counsel, so state and indicate that (ge
Chief, Military Personnel Flight, counseled you and that you fully understand your rights and

options in this action.

c. A statement that you understand the following regarding recoupment of education
assistance, special pay, or bonuses received if you haven’t completed the period of active duty

you agreed to serve:

¢ Recoupment of a portion of education assistance, special pay, or bonus monies received

if you voluntarily separate.
e¢ Recoupment of a portion of education assistance received if involuntary discharge is for

misconduct.
e Recoupment of a portion of special pay or bonus monies received regardless of the

basis for involuntary discharge.
e The recoupment in all cases is an amount that bears the same ratio to the total amount

or cost provided to you as the unserved portion of active duty bears to the total period

of active duty that you agreed to serve.

e Ifyou dispute that you are indebted for educational assistance, the board of inquiry, or,
if you do not choose or are not entitled to a board of inquiry, an authority appointed by
the MAJCOM, will make findings and recommendations concerning the validity of
your indebtedness. See AFI 36-3206, paragraph 4.37, regarding special rules for

recoupment.

d. A statement notifying me whether you intend to apply for retirement or tender your
resignation. If you have applied for retirement or tendered your resignation, attach a copy of the

retirement application or the resignation.

e. A statement that the area defense counsel or the Chief, Military Personnel Flight, explained
separation pay to you and that you understand the eligibility criteria to receive separation pay.

6. In response to this notification memorandum, you may, within 10 calendar days, tender your
resignation under AFI 36-3207, chapter 2, section B, with the understanding that, if the Secretary

of the Air Force accepts your resignation, you will receive an honorable discharge and that your
discharge date will be as soon as possible but no later than 10 calendar days after the date that the

MPF receives separation instructions.

7. Since you have not had access to SCI, SIOP-ESI, or other special access programs, no action
under AFI 31-501 is required.
Fp2co3 -SPO7@

8. You may request excess leave if the Air Force doesn’t require your further participation in
processing your case.

Attachments:
1. AF Form 393, Apr 93 to 7 Oct 96
Separation Physical

LOR, 26 Nov 96

Response to LOR, 27 Nov 96 w/9 atch
LOR, 7 Oct 96
Response to LOR,

 

 
 
 
 
 
 

16 Oct 96 w/1 atch

4 Sep 96

Memo, 19 Aug 96-w/5-atch Lie ee can eect sane ee cneenine ee ee eevee neneneeneeesea one co seesecme eee eee nia eeeeeeett ee etuinane
. AF Form 108, 14 Aug 96

10. MER 14 Aug 96
11. PC-IIl Percentage of Body Fat Measurement, 30 Jul 96

12. LOR, 12 Jul 96
13. AF Form 1058, 14 Aug 96

14. GUM Response to LOR, 1 Aug 96 w/2 atch

15. PC-III Percentage of Body Fat Measurement, 26 Jun 96
16. MFR A 6 Jun 96

17. Mandatory Physical Fitness Program, 28 May 96

18. Mandatory Physical Fitness Program, 28 May 96

19, PC-III Percentage of Body Fat Measurement, 15 May 96
20. MFR, QQQRND 15 May 96 —

21. PC-III Percentage of Body Fat Measurement, 5 Apr 96
22. PC-III Percentage of Body Fat Measurement, 26 Feb 96
23. PC-III Percentage of Body Fat Measurement, 23 Jan 96
24. PC-III Percentage of Body Fat Measurement, 17 Dec 95
25. AF Form 108, 29 Nov 95

26. WMP Appointment, 29 Aug 95

27. WMP Appointment, 24 Jul 95

28. WMP Appointment, 23 Jun 95

29. WMP Appointment, 26 May 95

30. WMP Appointment, 26 Apr 95

31. WMP Appointment, 27 Mar 95

32. WMP Appointment, 27 Feb 95

33. WMP Appointment, 26 Jan 95

 

CO HNIAH PWN
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af.
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60.

WMP Appointment, 8 Jan 95
WMP Appointment, 8 Dec 94
WMP Appointment, 14 Nov 94
WMP Appointment, 13 Oct 94
AF Form 108, 13 Oct 94

LOR, 5 Oct 94

Response to LOR QQ 13 Oct 94
AF Form 1058, 5 Oct 94

WMP Appointment, 13 Sep 94
AF Form 108, 13 Sep 94

WMP Appointment, 12 Aug 94
WMP Appointment, 13 Jul 94
AF Form 108, 13 Jul 94

WMP Appointment, 13 Jun 94
AF Form 108, 13 Jun 94

LOR, 16 May 94

WMP Appointment, 16 May 94
AF Form 108, 17 May 94
WMP Appointment, 13 Apr 94
AF Form 422, 13 Jan 94

LOC, 30 Dee 93

Response to LOC, 10 Jan 94
LOC, 16 Oct 96

LOC, 1 Aug 96

AFI 36-3206

AFI 36-3207

Letter of Acknowledgment (2 copies)