RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02917
		INDEX CODE:  100.03, 100.06
		COUNSEL:  American Legion

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he may enlist in the Reserves or National Guard.

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APPLICANT CONTENDS THAT:

He was discharged for failing weight control standards.  As part of the weight control program, he received a medical evaluation that identified an elevated enzyme that caused him to retain fluids but he was not medically treated to correct the problem.  

In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release of Discharge from Active Duty.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 Jun 75 and was progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Sep 80.  

On 16 Jul 90, applicant was notified by his commander that he was recommending that he be discharged from the Air Force in accordance with AFR 39-10, paragraph 5-26f, for unsatisfactory performance, - exceeding weight standards.  The specific reason for this action was his failure to make satisfactory progress in the Weight Management Program (WMP) on nine occasions.  He received three Letters of Reprimand, a Letter of Admonishment, and two Letters of Counseling.  He was advised of his rights and after consulting counsel he waived his right to a hearing before an administrative discharge board contingent upon receiving no less than an honorable discharge.  In a legal review of the case, the wing staff judge advocate found the case legally sufficient and recommended that he be discharged with an honorable discharge, without probation and rehabilitation.  On 19 Jul 90, the discharge authority concurred with the recommendation and directed that he be honorably discharged without probation and rehabilitation.  He was discharged from the Air Force on 20 Jul 90.  He served 15 years, 1 month, and 11 days on active duty.  

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant's request.  The Medical Consultant states that he was administratively discharged for repeated failure to maintain his weight within Air Force standards.  Review of his service medical records finds no evidence of a medical condition that would explain his obesity and inability to maintain his weight within standards.  His mildly elevated liver enzymes were not a cause of his obesity.  The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPAE recommends denial of the applicant's request.  DPPAE states that a review of his records reveals that on 1 Feb 88 he was enrolled in the "Shape-Up - Pounds Down Amnesty Program", a probationary period intended to enable him to come within standards.  He failed to make progress on nine occasions.  His current RE code is correct.  The DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 Jan 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice that would warrant corrective action.  Even though we are not persuaded by the evidence provided by the applicant that the actions taken to effect his separation were improper or not in compliance with the appropriate regulations, it is our opinion that correction of his RE code to a waiverable code is warranted.  In this respect, the Board noted that the applicant served his country honorably and faithfully for over 15 years and we believe that a good probability exists that he may be able to provide effective and meaningful service to our nation as a member of the Reserves or National Guard.  Whether or not he is successful will depend on his ability to meet current standards and the needs of the service.  Our recommendation in no way guarantees that he will be allowed to return to any branch of service.  Therefore, we recommend that his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 20 July 1990, he was separated with a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered Docket Number BC-2002-02917 in Executive Session on 27 Mar 93, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Sep 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 12 Nov 02.
    Exhibit D.  letter, AFPC/DPPAE, dated 18 Dec 02
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.

					

AFBCMR BC-2002-02917

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 20 July 1990, he was separated with a reenlistment eligibility (RE) code of 3K.