RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01086
		INDEX NUMBER: 128.08

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was eligible for separation pay at the time of his honorable discharge on 5 April 2001.

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THE APPLICANT CONTENDS THAT:

Since he was ineligible to reenlist due to four weigh-in failures under the Weight and Body Fat Management Program (WBFMP), he should have received separation pay for an E-5, with over 13 years of service.  He received numerous punishments for his WBFMP failures, i.e., Letter of Counseling, Letter of Reprimand (LOR), Referral Enlisted Performance Report (EPR), and lost line number to E-6.

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

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment with the Air Force on 9 March 1988.  He contracted his last reenlistment on 6 January 1995, for a period of 6 years.  He was progressively promoted to the grade of staff sergeant.  A Report of Individual Personnel (RIP), dated 1 February 2000, indicates he was ineligible for promotion based on a weight status code of 2 (unsatisfactory).  He extended his enlistment on 11 September 2000, for a period of three months.  Based on his unsatisfactory progress in Phase I, of the WBFMP, he received a referral EPR, closing 17 November 2000, and an LOR.  He was honorably discharged on 5 April 2001, under the provisions of AFI 36-3208 (Completion of Active Service), and issued an RE code of “4J.”  He completed 13 years and 27 days of active service.

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AIR FORCE EVALUATIONS:

AFPC/DPPAE states, in part, that the RE code of 4J issued at the time of his discharge accurately identifies him as being in Phase I of the WBFMP and ineligible to reenlist.

The AFPC/DPPAE evaluation is at Exhibit C.

AFPC/DPPRS recommends the application be denied and states, in part, that the applicant was voluntarily separated on his ETS and separation pay is not authorized.  AFPC/DPPRS further states that since the applicant was being honorably discharged with an RE code of “4J”, he would have been eligible to one-half separation pay, if he had requested an extension of his enlistment and the request was denied.  However, there is no evidence he requested an extension of his enlistment to complete the WBFMP and his request was denied.

The AFPC/DPPRS evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 30 April 2004 for review and response within 30 days.  However, 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Separations Branch and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, 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 Docket Number BC-2004-01086 in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 19 Apr 04.
    Exhibit D.  Letter, AFPC/DPPRS, dated 27 Apr 04.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Apr 04.