RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01258 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was an avid weight lifter and placed on the weight program.  He had the doctor perform a “pinch test” which indicated his ideal weight was well over his weight at the time.  However, when the paperwork was presented his commander it was torn up.  He received no unfavorable job performance ratings, or disciplinary actions, other than the discharge for exceeding weight standards.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Oct 87.

On 25 Jun 90, the applicant’s commander notified him he was going to recommend him for discharge due to exceeding weight standards.  He was advised of his right to legal military council and to submit statements on his own behalf.  The reasons for this action were:

a.  On or about 21 Nov 88, the applicant exceeded his maximum allowable weight standards.

b.  On or about 28 Apr 89 thru 29 May 90, the applicant had nine instances of unsatisfactory progress in the weight program, and received a record of counseling, letter of reprimand, and an Unfavorable Information File (UIF).

The separation action was determined to be legally sufficient, and on 31 Jul 90, the discharge authority directed the applicant be discharged with a General discharge without probation or rehabilitation. 

On 1 Aug 90, the applicant was furnished a General (Under Honorable Conditions) discharge, with a Narrative Reason for Separation of Exceeding AF Weight Standards, and was credited with 2 year, 9 months, and 18 days of active service.

A request for post-service information was forwarded to the applicant on 21 Jun 16 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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 find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, the Board finds no basis to grant clemency at this time.  However, the Board would be willing to reconsider an appeal should the applicant provide new and relevant information relative to the claim.  Therefore, in the absence of evidence to the contrary, the Board finds no basis upon which to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2016-01258 in Executive Session on 8 Aug 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01258 was considered:

	Exhibit A.  DD Form 149, dated 11 Feb 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 21 Jun 16.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.