RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01149
		INDEX CODE:  110.00

		COUNSEL:  None

		HEARING DESIRED: Yes

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APPLICANT REQUESTS THAT:

1.  His narrative reason for discharge be changed from failure to maintain weight to a psychological condition.

2.  He be reinstated into the Air Force as an E-5.
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APPLICANT CONTENDS THAT:

His weight problems were a result of other underlying conditions in his life.  He was suffering from stress, depression, anxiety, financial and personal problems, divorce, was in two car accidents.  He received no support from his shop or squadron even though he had informed them of his situation.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 February 1993 for a period of six years as an airman basic.

On 28 December 1999, the applicant was placed on the Weight and Body Fat Management Program (WBFMP).  At that time, the applicant weighed 206 pounds with a body fat measurement of 26 percent.  His maximum allowable weight was 186 ½ pounds and a maximum allowable body fat measurement of 24 percent.

On 23 March 2001, the applicant's commander recommended he be discharged for Failure in the WBFMP.  The reasons for the discharge action were:

	a.  On 31 May 2000, the applicant failed to make satisfactory progress in Phase 1 of the WBFMP in that he failed to lose the required five pounds or one percent body fat since his previous weight check on 28 April 2000.  For this misconduct the applicant received a Letter of Counseling (LOC) dated 5 June 2000.

	b.  On 2 August 2000, the applicant failed to make satisfactory progress in Phase 1 of the WBFMP in that he failed to lose the required five pounds or one percent body fat since his previous weight check on 28 June 2000.  For this failure, the applicant received a Letter of Reprimand (LOR) dated 21 August 2000.

	c.  On 8 November 2000, the applicant failed to make satisfactory progress in Phase 1 of the WBFMP in that he failed to lose the required five pounds or one percent body fat since his previous weight check on 10 October 2000.  The applicant received an LOR for this failure and an Unfavorable Information File (UIF) was established.

	d.  On 16 February 2001, the applicant failed to make satisfactory progress in Phase 1 of the WBFMP in that he failed to lose the required five pounds or one percent body fat since his previous weight check on 12 January 2001.  For this failure, discharge action was initiated.

The commander advised the applicant of his right to consult legal counsel and that military legal counsel had been obtained for him; to submit statements in his own behalf; or waive the above rights after consulting with counsel.

On 26 March 2001, after consulting with counsel, the applicant waived his right to submit a statement.

The commander indicated in his recommendation for discharge that the applicant was given numerous opportunities to make progress in WBFMP.  The applicant was repeatedly counseled and issued several forms of administrative actions in an effort to bring his (applicant’s) weight and body fat in compliance to Air Force standards.  The commander further recommended the applicant be discharged without probation and rehabilitation.

A legal review was conducted on 28 March 2001, in which the staff judge advocate recommended the applicant be discharged with an honorable discharge with no probation and rehabilitation.

On 29 March 2001, the discharge authority approved the discharge.

Applicant was honorably discharged on 30 March 2001, in the grade of senior airman, in accordance with AFI 36-3208 (weight control failure).  He served a total of 8 years, 1 month and 14 days of active service.

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states the applicant was discharged due to his failure to progress in the weight management program (WMP).  When the applicant entered the WMP he had been cleared medically to participate in the program, thus indicating there were no medical conditions causing the applicant's weight problems or any conditions that would prohibit him from safely participating or preventing him from losing weight if he followed the dietary and exercise regimens that were prescribed by the program.  The applicant’s service medical records were not available for review, however, the WMP program is integrated with the medical treatment facility and medical evaluation is available if concerns arise.  The applicant contends that outside factors contributed to his non-satisfactory progress in the WMP, however, at the time of his disciplinary actions for failure in the program, he did not raise any issue of medical or other reasons, nor did he provide any evidence for his failure in the program.  The Medical Consultant recommends the requested relief be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPRS states they believe the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Also, the separation was within the sound discretion of the discharge authority.  Furthermore, the applicant has provided no evidence or identified any errors or injustices that may have occurred during the discharge process, nor has he provided evidence to warrant a change in his discharge.  They recommend the applicant’s request be denied.

A complete copy of the Air Force evaluation is attached 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 23 January 2004, for review and response.  As of this date, no response has been received by this office.

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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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant’s contentions are duly noted, however, he has submitted insufficient evidence to support these contentions.  The applicant was discharged due to unsatisfactory progress in the WBFMP.  The AFBCMR Medical Consultant  notes, there is no documentation in the applicant’s records indicating he was experiencing or treated for any medical condition or any other condition that would have prohibited him from participating successfully in the WBFMP.  It appears the applicant’s commander provided the applicant ample opportunity for rehabilitation before initiating discharge action.  Therefore, we agree with the opinions and recommendations of the AFBCMR Medical Consultant and the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of either an error or an injustice.  Therefore, we find no basis upon which to recommend favorable action on this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 AFBCMR Docket Number BC-2003-01149 in Executive Session on 24 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 24 Mar 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFBCMR Medical Consultant, dated 
			26 Nov 03.
	Exhibit D.	Letter, HQ AFPC/DPPRS, dated 20 Jan 04.
	Exhibit E.	Letter, SAF/MRBR, dated 23 Jan 04.
	Exhibit F.	Letter, Applicant’s Response, dated 8 Feb 04.

				Panel Chair