RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-00923
		INDEX CODE:  100.06, 110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed so that he can join the Air National Guard.

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APPLICANT CONTENDS THAT:

He had an impeccable record while in the military.  He was forced out of the military for exceeding weight standards.

In support of his request, the applicant submits a copy of his    DD Form 214, Certificate of Release or Discharge from Active Duty.

The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 Apr 85; he served on continuous active duty and entered his last reenlistment on 10 Apr 92, for a period of six years.  His highest grade held was staff sergeant.

Applicant’s Airman/Enlisted Performance Report (EPR) profile follows:

     PERIOD ENDING            OVERALL PROMOTION EVALUATION

      14 Apr 86		9
      14 Apr 87		9
	    14 Apr 88		9
	    14 Apr 89		9
     *31 Mar 90		5
       1 Sep 90		5
       8 Nov 91		4
       8 Nov 92		4

* Start of ratings under new Enlisted Performance Report (EPR) system where “5” is the highest rating.

On 30 Jul 91, the member was entered into the Weight Management Program (WMP).  At that time the member weighed 204 pounds and his body fat measurement (BFM) was 25 percent, exceeding his BFM standard of 20 percent.

On 4 Feb 93, the applicant’s commander recommended he be discharged for exceeding body fat standards.  The reasons for the discharge action were:

     a.  On 28 Jan 93, the applicant failed to maintain his body fat at or below the required 20 percent while on the Weight Management Program (WMP) for which he received a Letter of Reprimand (LOR)/Unfavorable Information File dated 29 Jan 93.  

     b.  On 23 Nov 92, the applicant failed to maintain his body fat at or below the maximum 20 percent while in the observation period (Phase II) of the WMP for which he received a LOR.

     c.  On 14 Aug 92, the applicant failed to maintain his body fat at or below the maximum 20 percent while in the probation period of the WMP for which he received a LOR.  

     d.  On 1 Oct 91, the applicant failed to lose the required two percent body fat according to AFR 35-11 for which he received a LOR.  

After consulting with counsel, applicant waived his right to a hearing before an administrative discharge board and did not submit statements in his own behalf.  On 18 Feb 93, the wing Staff Judge Advocate found the case file legally sufficient to support separation.

On 22 Feb 93, the discharge authority approved the recommendation for discharge.  Applicant was honorably discharged on 2 Mar 93 under the provisions of AFR 39-10, for exceeding body fat standards, and issued an RE code of 4B (separated honorably for exceeding body fat standards).  He served 7 years, 10 months, and 18 days of active duty military service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the request be denied and states, in part, that after a review of the documents submitted by the applicant and a review of his personnel record, there is nothing to support the course of action requested by the applicant.   

The DPPAE complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 May 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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 an error or injustice.  Applicant’s contentions are duly noted; however, we are not persuaded that the applicant has been the victim of an error or injustice.  At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation.  The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of his separation and we do not find this code in error or unjust.  In view of the foregoing, we find no basis upon which to recommend favorable action on his request that it be changed.

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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‑2007-00923 in Executive Session on 29 June 2007, under the provisions of AFI 36‑2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2007-00923 was considered:

    Exhibit A.  DD Form 149, dated 20 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 26 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 07.

                                   XXXXXXXXXX
                                   Panel Chair