RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00862
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

A knee injury requiring surgery prevented him from complying with weight standards.  Due to his good service record and the fact he is a law-abiding, tax-paying citizen, he deserves an honorable discharge.

In support of his request, the applicant submits a personal statement, copies of his DD Form 214, a good conduct letter, a physical profile serial report and a personal data report.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 16 September 1982.  He was progressively promoted to the grade of sergeant, with an effective date and date of rank of 16 January 1986.  The applicant’s Noncommissioned Officer (NCO) status was vacated on 27 October 1986.

Information extracted from AF Form 393, Individual Record for Weight Management and Fitness Improvement Training (FIT) Programs, reveals the applicant entered the weight management program (WMP) on 14 August 1986.  On 25 August 1986, he was verbally counseled regarding his weight.  He had a total of four unsatisfactory progress periods as follows: (1) 23 September 1986 - received a Letter of Counseling on 2 October 1986; (2) 14 October 1986 - received a Letter or Reprimand (LOR)/Unfavorable Information File (UIF) on 31 October 1986 and NCO status vacated; (3) 14 November 1986 - received an LOR/UIF on 4 December 1986; and, (4) 22 December 1986 - further administrative actions were on hold pending discharge.

On 9 January 1987, the applicant received notification that he was being recommended for discharge for exceeding weight standards.  The reason for this action was due to his unsatisfactory progress in the WMP.  The applicant acknowledged receipt of the notification.  He consulted military legal counsel and submitted a written statement in his own behalf.  The base legal office reviewed the case and found it legally sufficient to support separation.  On 5 February 1987, the discharge authority approved the recommended separation and directed that the applicant be issued a general discharge, without probation and rehabilitation.

He received a general discharge on 18 February 1987 under the provisions of AFR 39-10 (exceeding Air Force weight standards).  He had completed a total of four years, five months and three days and was serving in the grade of senior airman (E-4) at the time of discharge.
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AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and is of the opinion that no change in the applicant’s record is warranted.  The BCMR Medical Consultant states the evidence of record shows the applicant was overweight prior to his knee injury and, by the time of his entry into the WMP, he was only three pounds heavier than his pre-injury weight.  At the time of entry into the WMP, the applicant was able to participate in walking and light jogging.  By his own admission, the applicant was not compliant with the diet required for weight loss and had lost his motivation to comply with the weight standards and remain in the Air Force.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.  Details of this evaluation are at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 8 October 2004 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  His contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves sufficiently persuasive to override the rationale provided by the AFBCMR Medical Consultant.  In this respect, we note the applicant was overweight prior to his knee injury and following his entry into the Weight Management Program (WMP), physical therapy and orthopedic records show progressive improvements in his ability to vigorously exercise.  Based on the evidence of record, it appears the applicant was provided with every opportunity available to comply with the Air Force weight standards; however, he failed to do so.  By his own admission, the applicant was not compliant with the diet portion of the WMP and requested separation.  We, therefore, agree with the opinion and recommendation of the BCMR Medical Consultant and conclude the applicant has failed to sustain his burden that he has suffered either an error or injustice.  In view of the above and absent evidence showing the information in his discharge case file was erroneous, his substantial rights were violated or his commanders abused their discretionary authority, we find no compelling basis to recommend granting the relief sought in this application.
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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 this application in Executive Session on 2 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00862.

   Exhibit A.  DD Form 149, dated 7 Mar 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 5 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.