RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04054 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her reentry code of 4J (entered into Phase I of the Air Force Weight Program, or the unit commander has declared the airman ineligible to reenlist for a period of Phase II or probation) on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed so she can re-enlist. ________________________________________________________________ APPLICANT CONTENDS THAT: She was not discharged for failure to meet weight standards. She separated voluntarily and her voluntary separation does not correlate with the 4J reentry code. Initially, she had an ectopic pregnancy and then returned to routine physical conditioning. Physical conditioning created bursitis, and she was placed on profile. Subsequently, she became pregnant and the profile remained in effect. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she enlisted in the Regular Air Force on 13 Oct 88. On 7 Apr 91, the applicant was diagnosed with having a right ectopic pregnancy. On 13 Feb 92, the applicant received a profile due to heel bursitis restricting her from running, aerobics, and waiving her from the weight management program (WMP). On 1 Jul 92, the applicant was furnished an Honorable discharge and was credited with 3 years, 8 months, and 19 days of total active service and issued an RE code of 4J (entered into Phase I of the Air Force Weight Program, or the unit commander has declared the airman ineligible to reenlist for a period of Phase II or probation), and a narrative reason for separation of “volunteer miscellaneous reasons.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating there is no evidence of an error or injustice. While the applicant contends that she was not discharged due to weight standards, her RE code of 4J was appropriately issued because she was on the weight program at the time of separation. The applicant's RE code 4J is correct per AFI 36-2606, Reenlistment in the USAF, chapter 5, based on her being on the weight program. A complete copy of the AFPC/DPSOA evaluation is at Exhibit C. AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice. While the applicant contends that her reentry code is incorrect because she was not discharged for failure to meet weight standards, she provides no evidence to indicate at the time of discharge she met requirements for the weight management program (WMP). Available references for the WMP program indicate that the applicant could have been in one of two phases. Phase I is the initial entry period where the applicant was entered into the program for exceeding weight and body fat standards; she would have been monitored to see if she was able to drop below the maximum amount allowed and then advance into Phase II. Phase II is considered the observation period for a minimum of six months. Because unit commanders may approve a medical deferral for up to 18 months based on a recommendation from the applicant’s medical practitioner at that time, her WMP file and her delivery date would need to be supplied to evaluate whether or not such a deferral from the commander existed to grant her relief and change the reentry code. Absent this information, there is no way of identifying what her status was within the WMP at the time of separation. Therefore, the reentry code of 4J is correct IAW AFI 36-2606, Reenlistment into the United States Air Force, chapter 5, based on her being on the WMP at the time of separation. Her contention that because she voluntarily separated does not negate the fact that she was on this program when she separated; her RE code is correct and should not be changed from 4J to 4E. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 17 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-04054 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Aug 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 15 Oct 13. Exhibit D. Letter, AFPC/DPSIM, dated 2 Jan 14. Exhibit E. Letter, SAF/MRBR, dated 17 Jan 14. 2 3