RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03270
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His honorable discharge be corrected to reflect that he received a medical disability discharge.

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APPLICANT CONTENDS THAT:

While on active duty on 3 February 1986, he injured his back while playing racquetball.  He complained about pain in his right buttock and lower back with numbness and weakness in his right leg.  The final diagnosis was a lumbar strain or tear, with the possibility of a disc problem (Physical Therapy Consultation, dated 11 Feb 86).  This was treated with 72 hours on quarters, bed rest, analgesics, muscle relaxer, and physical therapy.  On 3 March 1986, he reinjured his back pushing a mobility bin.  He was placed on quarters for 72 hours with Suprol, Valium and Tylox with some improvement in his pain but still with significant residual discomfort, therefore, he was admitted to the hospital.  On 6 May 1986, Dr. C----, PA, again saw him for lower back pain and a sore right hip.  He was placed on quarters for 72 hours with complete bed rest along with Tylenol #3 and Indocin SR.

On 4 September 1987, Dr. M---- informed him that he was being seen for initial intake referral for the weight management program.  He discussed the options and the squadron’s weight standards.  He informed Dr. M---- of his medical problem with his lower back, right hip and right leg, also that he was seeing a physical therapist.  In addition, on 3 February 1986, 13 March 1986, 29 May 1986 and 10 April 1987, he received physical profile serial reports.  In these profiles, he was instructed to decrease his activities with no lifting, pushing, pulling, climbing, jumping, jogging, aerobics, stooping, prolonged standing, sitting and walking, and that he should be utilized where he could change positions frequently.  Dr. M---- told him to keep seeing the physical therapist, and that he would contact him about a complete physical profile change and that he should be hearing from him in the near future.  Dr. M---- also stated that he would tell his squadron commander about his medical condition and that he should be removed from the weight management program.  He did not hear or see Dr. M---- again.

In March 1988, he was informed that he would be discharged in April 1988.  At that time, he did not know why he was being discharged.

In support of his application, he submits a personal letter, a copy of DD Form 214, Certificate of Release or Discharge from Active Duty, copies of medical records, and a letter from his Representative

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 June 1974 and was progressively promoted to the grade of staff sergeant. He was discharged under the provisions of AFR 39-10, (Early Separation Program, Strength Reduction) from the Air Force on 5 April 1988 with an honorable discharge with a reenlistment code of 4J, indicating he was on the Weight Management Program at the time of his discharge.  He served 5 years, 6 months and 6 days of total active duty service.

The medical records show that the applicant experienced low back pain diagnosed as lumbar strain 3 February 1986 as a result of playing racquet ball with repeat strain while performing duties on 3 March 1986.  He was hospitalized for bed rest and therapy on 3-13 March 1986.  He remained on physical profiles limiting duty until the expiration on the last documented physical profile 13  June 1986.  After 13 June 1986, there are no records of low back pain.  His enlisted performance reports reflected satisfactory duty performance without comments suggesting duty limiting medical problems.  The 4 September 1987 Mental Health Clinic note reflects a diagnosis of psychological factors affecting physical condition and makes no record of complaints of back pain as a reason for his weight problem. 

There are no discharge documents in his records other than DD Form 214, Certificate of Release or Discharge from Active Duty. His records indicate that on 6 March 1987, applicant was notified by his commander he was not recommending him for promotion to technical sergeant because of an Article 15 in July 1986 for theft, several letters of counseling for being late to work and his lack of satisfactory progress in the Weight Management Program (referred in Sep 87).  Applicant acknowledged the notification.  Upon review of his last two performance reports (Oct 87 and Oct 86), his rater stated member lacked self-motivation and needed to reevaluate his job performance and get his priorities in order, he needed more initiative to ensure his tasks were completed properly and in a timely manner, and recommendation was made that he should be removed from the Support Section and placed back in his Air Force Specialty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the records is warranted. The applicant was discharged under the Early Separation Program.  At the time of his discharge, he was in the weight management program, and his reenlisted code of 4J reflects that he was in Phase I of the WMP.  The reenlistment code does not reflect the reason for discharge, merely his eligibility for reenlistment.  According to Air Force Regulation (AFR) 35-16 the USAF Reenlistment, Retention, and NCO Status Programs, para 6-19, Reenlistment Eligibility Correlation with Air Force Weight, Medical and Fitness Standards, a. “Airmen who are entered into and serving in Phase I of the Air Force Weight Management Program (WMP), are ineligible to reenlist (Table 6-4,item 10, RE code 4J).  This ineligibility condition applies to all airmen who are in Phase I of the program, regardless whether the airman is making satisfactory or unsatisfactory progress in the program.  The reenlistment ineligibility condition applies only to phase I of the WMP.  Reenlistment eligibility is restored once the airman enters Phase II or the probation period of the WMP, provided the airman is otherwise eligible.  Airmen who require retainability to complete Phase I may request an extension of enlistment according to table 7-1, rule 27.”  

The service medical record reveals no medical condition that made the applicant unfit for duty and required processing through the Air Force Disability Evaluation System.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directive that implement the law.

BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPRS recommended denial and stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge authority.  Furthermore, based on documentation in the file, they believe the discharge process was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  
AFPC/DPPRS complete 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 17 January 2003 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 that failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant should have been medically discharged.  As indicated by the BCMR Medical Consultant none of the applicant’s medical conditions made the applicant unfit for duty and required processing through the Air Force Disability Evaluation System. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice. Therefore, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 02-03270 in Executive Session on 25 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Dec 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 10 Jan 03.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 03.