AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL) 

GRADE 

SRA 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

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RECORD REVIEW 

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MEMBER SITTING 

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HEARING DATE 

CASE NUMBER 

02 Nov 2006 
APPLICANT'S ISSUB ANDTWE'BOARD'S DECISIONAL RATIONAL ARK DISCUSSED ON M E  ATTACHED AIR TOWE DLS~HAROE W E W  BOARD DECISIONAI. RATI0NAL.E 

FD-2006-00025 

I 

I 

I 

Zase heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witldwithout counsel, and the right to submit an 
ipplication to the AFBCMR 

Names and votes will  be made available to the applicant at the applicant's request. 

*  Reason and Authority 

550 C STREET WEST, SIJI'l'E  40 
RANDOI.PI I  A FR, TX 781 50-4742 

SECRETARY OF TllE AIR  FORCE PERSONNEL COUNCII. 
AIR FORCE DISCHARGE REVIEW  BOAR11 
1535 COMMAND DR, EE WINC, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2006~00025 

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

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Request for change of reason and authority for discharge is 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. 

ISSUE: 

Issue 1.  Applicant requests that the reason (Weight and Body Fat Management Program Failure) for his 
discharge be changed to "For the Convenience of the Government."  Applicant contends his discharge was 
unjust.  He admits that he was slightly overweight; however, it did not affect his performance of duties.  He 
further contends that the Air Force changed its policy after his discharge.  The DRB took note of the 
applicant's  contention and determined the new policy was not retroactive; therefore it was not a matter of 
inequity or impropriety which would warrant an upgrade.  The DRB opined that the reason for discharge was 
Weight and Body Fat Management Program Failure which is in accordance with AFI 36-3208, 
paragraph 5.65, Failure to Progress in the Weight and Body Fat Management Program.  An involuntary 
discharge for the Convenience of the Government would only be appropriate when discharge would serve 
the best interests of the Air Force and the discharge for cause is not warranted.  The Board concluded the 
reason for the discharge received by the applicant was found to be appropriate. 

Issue 2.  The applicant cited his desire to receive the G.I. Rill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
October 2,2000) that he understood he must receive an Honorable discharge and complete 36 months of 
active duty to receive future educational entitlements.  The Board was sympathetic to the impact the loss of 
these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would 
warrant an upgrade. 

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 for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a HON Disch fr USAF Hurlburt Field, FL on 23 
Jul 03 UP AFI 36-3208, para 5.65 (Weight and Body Fat Management Program 
Failure).  Appeals for a Change in Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 28 Apr 82. Enlmt Age: 17 11/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-71,  G-50,  M-57. PAFSC: 2A532A -  Helicopter Maintenance 
Apprentice. DAS: 12 Jul 01, 

b.  Prior Sv: (1) AFRes 20 Apr 00 -  18 Sep 00 (4 months 29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Sep 00 for 6 yrs. Svd: 02 Y r s   10 Mo 05 Das, all AMS. 

b.  Grade Status:  SrA -  10 mar 03 
A1C -  30 Mar 01 

c.  Time Lost:  None. 

d.  Art15's:  None. 

e .   Additional: LOR/UIF, 26 AUG 02 -  Failure to make satisfactory progress 
in the Weight and Body Fat Management 
Program. 

LOR/UIF, 07 MAY 02 -  Failure to make satisfactory progress 
in the Weight and Body Fat Management 
Program. 

LOCI 16 APR  02 -  Failure to make satisfactory progress in 

the Weight and Body Fat Management 
Program. 

f.  CM:  None. 

g.  Record of SV: 10 Mar 02 -  09 Mar 03  Hurlburt Field  3  (Annua1)REF 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (03) Yrs (03) Mos  (04) Das 
TAMS: (02) Yrs  (10) MOB (05) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Jan 06. 

(Change Reason and Authority for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. AF Form 393. 
4. AF Form 1768. 
5.  16 HMXS/CC, Letter, 15 May  03. 
6. DD Form 149 with Attachments. 

To whom it may concern: 

I am submitting this paperwork because I believe: my type of discharge is unjust. 
I am requesting you to change my  discharge reasoning fiom "Weight Control Failure" to 
"Convenience of the Government". 

My first reason for this change is because me being slightly overweight (which 

you will see in the paperwork) did not affect my performance of my duties.  The majority 
of my time served, I was overweight by  no more than 61bs and no more than 4% body fat 
over the rquiremants,  There were many people in my squadron which exceeded their 
weight limits by far more than me, however because of their rank, they were. not 
penalized. 

I also am requesting you to change my reason for discharge to "Convenience of 
the Government", because I am unable to receive my G.1 Bill benefits for college due.to 
the faut that "Wei~ht ontrpl fhilureyy does not make me eligible -h- this due to the fact 
that I only served 2 years and 9 months, and the VA requires 3 y m s  when weight control 
failure is the reason for discharge, however if I was discharged because of convenience of 
the government, I would be eligible for my G.1 bill benefits. 

Finally, after my discharge, the Air Force changed its regulations on fitness. 

Instead of weighing and taping, there is a yearly physical test.  I never failed an ERGO 
when I was enlisted, and I feel I would of passed this new testing.  I also believe that 
weighing and taping was not an accurate method of finding body fat, 

Because of my  slight overweight problem did not interfere with the performance 
of my duties, I feel that I was discharged for some other reason than my  weight problem. 

I 

Thank you for addressing this issue. 

DEPARTMENT OF THE AIR FORCE 

16TH HELICOPTER MAINTENANCE SQUADRON (AFSOC) 

MEMORANDUM FOR S

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16 HMXS 
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FROM:  16 HMXSICC 

SUBJECT:  Notification Letter 

1.  I am recommending your discharge from the United States Air Force for failure in the Weight 
and Body Fat Management Program, more specifically, for exceeding body fat standards, 
according to AFPD 36-32 and AFI 36-3208, under the provisions of chapter 5, section K, 
paragraph 5.65.  Copies of the documents to be forwarded to the separation authority to support 
this recommendation are attached. 

2. My reasons for this action are based on the following: 

a.  On 30 Apr 03, you failed to make satisfactory progress in the Weight and Body Fat 

Management Program (WBFMP) by gaining 7 percent body fat and gaining fourteen pounds, 
instead of losing the prescribed 1 percent body fat or 5 pounds required by AFI 40-502.  This 
was your fifth unsatisfactory measurement documented on your AF Form 393,  For this failure 
you are being recommended for discharge. 

b.  On 20 Aug 02, you failed to make satisfacto~y progress in the WBFMP by losing 0 
percent body fat and gaining 1 pound, instead of losing the prescribed 1 percent body fat or 
losing 5 pounds required by AFI 40-503, This was your fourth unsatisfactory measurement 
documented on your AF Form 393.  For this failure you received a Letter of Reprimand (LOR), 
dated 26 Aug 02, which established your Unfavorable Information File (UIF), and was filed in 
your UIF. 

c.  On 1 Jul02, you failed to make satisfactory progress in the WBFMP by gaining 5 percent 

body fat and gaining 9 pounds, instead of losing the prescribed 1 percent body fat or 5 pounds 
required by AFI 40-502.  This was your third unsatisfactory measurement documented on your 
AF Form 393.  For this failure you received a LOR, dated 26 Aug 02, which established your 
UIF and was filed in your UIF, 

d.  On 16 Apr 02, you failed to make satisfactory progress in the WBFMP by losing 0 percent 

body fat and losing only 3 pounds, instead of losing the prescribed 1 percent body fat or 5 
pounds required by API 40-502.  This was your second unsatisfactory measurement documented 
on your AF Form 393.  For this failure you received a LOR, dated 16 Apr 02, which was filed in 
your PIF. 

1

'

 

Any Time. . . Any Place 

e.  On 30 Nov 01, you were entered in the Weight and Body Fat Management Program 
(WBFMP). On 5 Mar 02, you failed to make satisfactory progress in the WBFMP by losing 0 
percent body fat and gaining 4.5 pounds, instead of losing the prescribed I  percent body fat or 5 
pounds required by AFI 40-502.  This was your first unsatisfactory measurement documented on 
your AF Form 393, Individual Record for Weight Management and Fitness Improvement 
Training Program Fom.  For this failure you received a Letter of Counseling (LOC), dated 16 
Apr 02, which was filed in your PIF. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Courts-Martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel at Hurlburt Field, FL, 
Bldg 90042, or&?~*a  ,-J CI 3  at mob  hours.  YOU may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays of your receipt of this 
memorandum, unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You are scheduled for a medical examination and you should report to the Hurlbwt Clinic at 
3 9 5  hrs on 4 3  Tiid 03 for the examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 

copy of AFI 36-3208 is available for your use at the unit orderly room. c Commander 

Attachments: 
Documents supporting basis for discharge 
1.  AF FM 393, undated, (lp) 
2.  AF FM  1 137, dtd 16 Sep 02, (lp) 
3,  AF-FM 1058, dtd 16 Sep 02 (lp) 
4.  LOR, dtd, 26 Aug 02, (3pgs) 
S.  LOR, dtd 7 May 02, (2pgs) 

6. LOC, dtd,  16 Apr 02,  (lp) 
7.  Airman's receipt of notification memorandum