RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00360
				INDEX CODE:  110.00
				COUNSEL:  NONE

				HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  5 AUG 06

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was eligible to receive a reserve retirement pension and at the time of his discharge he was eligible to reenlist.

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APPLICANT CONTENDS THAT:

During his time on active duty he had his gall bladder removed and did not realize the connection between the removal of his gall bladder and his weight gain.  He was told at the time of his reenlistment in 1985 that if he was not out of the weight program he could not reenlist.  He believes that since his gall bladder operation was in his records, it should have been picked up by the doctors monitoring his weight control.

Applicant's complete submission, with an attachment, is attached at Exhibit A.

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STATEMENT OF FACTS:

During the applicant’s military career, he served on active duty from 29 November 1951 to 17 November 1955 when he was honorably released from active duty and transferred to the Air Force Reserves (AFRes) where he served until 28 November 1959.

Standard Form (SF) 88, Report of Medical Examination dated 4 June 1977 notes the applicant weighed 220 pounds, was 71 inches tall and was qualified for enlistment.

On 4 June 1977, the applicant reenlisted in the AFRes as a senior airman (SrA) for a period of two years.  He reenlisted again on 
14 September 1979, as a staff sergeant (SSgt) for a period of six years.  The enlistment contract indicates the applicant had 3 years, 11 months and 19 days of active military service and 4 years, 3 months and 21 days total inactive military service.

In September 1980, the applicant underwent surgery to remove his gall bladder.

A medical note dated 4 October 1980, notes the applicant weighed 203 pounds and was 72 inches tall.  His maximum allowable weight was 216 pounds.

An SF 88, dated 7 May 83, indicates the applicant weighed 222 pounds and was 70½ inches tall.  He was 26 pounds over his maximum allowable weight of 196 pounds.

The applicant was seen in the medical clinic on 7 August 1983 for weight counseling.  He weighed 231½ pounds and was 70½ tall.  He was 35 pounds over his maximum allowable weight of 196½ pounds.

A medical note dated 10 September 1983 indicates the applicant weighed 230 pounds and was 70½ inches tall.  He was 33½ pounds over his maximum allowable weight of 196½ pounds.

The applicant’s performance report for the period ending 1 April 1985, states the applicant was making ample progress in the weight management program.

On 4 May 1985, the applicant was placed on the weight control program.  He weighed 235 pounds and was 71 inches tall.  He was 36 pounds over his maximum allowable weight of 199 pounds.

Per Reserve Order A-171, dated 5 November 1985, the applicant was honorably discharged on 13 September 1985 and issued an RE code of “1J,” with an annotation that the member declined reenlistment.

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AIR FORCE EVALUATION:

HQ AFRC/DPM states the applicant alleges he was forced to separate from the Air Force due to his being in the WMP.  Unfortunately the applicant was not eligible for retirement with pay because he did not meet any of the eligibility criteria for retirement with pay and has not provided information to indicate he is eligible for retirement with pay. Furthermore, Reserve Order A-171 dated 5 November 1985, has a reenlistment code “1J,” eligible to reenlist, elected separation or discharge and under 
the remarks section of the order there is statement that the member declined reenlistment.

A copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 April 2005, for review and response.  As of this date, no response has been received by this office.

On 11 May 2005, the Board staff informed the applicant that upon further review of his application it was determined that an additional advisory opinion was required (Exhibit E).

On 19 May 2005, the applicant requested that his application be temporarily withdrawn.  He further stated that a Chief Master Sergeant told him that he could not reenlist if he was not off the weight management program (Exhibit F).

On 7 June 2005, the Board staff in response to the applicant’s request to temporarily withdraw his case, again advised him that an additional advisory had been requested and to reconsider withdrawing his case until he received and reviewed the additional advisory opinion (Exhibit G).

On 27 June 2005, the applicant again requested his application be temporarily withdrawn (Exhibit H).

On 12 July 2005, the Board staff notified the applicant that his application had been temporarily withdrawn and to notify the Board when he was ready to proceed with the processing of his application (Exhibit I).

On 21 September and 15 October 2005, the applicant requested that his application be reopened (Exhibit J).

On 20 October 2005, the Board staff notified the applicant that his application had been reopened (Exhibit K).

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ADDITIONAL AIR FORCE EVALUATION:

The Medical Consultant, AFBCMR, states the applicant’s records indicate he was overweight three years prior to his gall bladder surgery.  At the time he enlisted in the Reserves he weighed 220 
pounds.  Obesity is a strong risk factor for the development of gall stones and cholecystitis leading to surgery.  The removal of the gall bladder does not alter the body’s metabolism or caloric requirements.  Following removal of the gall bladder some individuals may develop a slightly impaired absorption of fats leading to diarrhea.  While many individuals experience weight gain after cholecystectomy it is not due to any change in the individual’s metabolism but is from the resumption of, or continued intake of calories in excess of physiologic requirements.  Servicemembers who are not making satisfactory progress in the weight management program are given reenlistment codes that would prevent them from reenlisting.  The applicant’s performance report indicated he was progressing well in the weight management program and his discharge documents indicates he declined reenlistment.  The Medical Consultant recommends the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit L.

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APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

On 14 November 2005, a copy of the additional advisory was forwarded to the applicant for his review and response (Exhibit M).

The applicant reviewed the AFBCMR Medical Consultant’s evaluation and states it was incorrect; his gall bladder surgery was accomplished at a VA hospital and not a civilian hospital.  He also requested the document declining his reenlisting in the Air Force.  He further believes he should receive a medical discharge or pension.  He also requested additional time to bring forward additional findings for his case (Exhibit N).

On 20 December 2005, the Board staff informed the applicant that in order to comply with the statutory mandate to process all applications in a more expeditious manner, an extension could not be honored.  However, the Board staff further informed the applicant that his case would be held in abeyance until 31 December 2005, after which his case would be presented to the Board (Exhibit O).

On 23 January 2006, the applicant provided additional medical documentation in support of his request (Exhibit P).

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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 an injustice.  Applicant’s contentions are duly noted; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  The applicant contends he was not successful in the WMP due to the removal of his gall bladder which caused him to gain weight resulting in his being barred from reenlisting.  However, it is noted that at the time of his Reserve enlistment on 4 June 1977, he weighed 220, apparently over the weight limit.  Seemingly it appears the applicant had a weight problem before the removal of his gall bladder.  Also, as noted by the Medical Consultant, after removal of the gall bladder some individuals may experience weight gain; this is not due to any change in the individual’s metabolism but is usually from the resumption of, or continued intake of calories in excess of the individual’s daily caloric requirements.  It is noted that the applicant’s last performance report reflected he was making ample progress in the WMP.  Therefore, we are not persuaded by the applicant’s arguments with regard to the WMP.  Furthermore, his records reflect per Reserve Order A-171, that at the time of his discharge he received a reenlistment code of “1J” which denotes he was eligible to reenlist but elected not to reenlist and the reserve order was annotated with the statement “Member declined reenlistment.”  Lastly, the applicant is not eligible for reserve retired pay because he did not meet any of the eligibility criteria for retired pay under Title 10 USC, Section 12731.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2005-00360 in Executive Session on 12 January 2006 and 26 January 2006, under the provisions of AFI 36-2603:

			XXXXXXXXXXXXXXXXXX, Panel Chair
			XXXXXXXXXXXXXXXXXX, Member
			XXXXXXXXXXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2005-00360 was considered:

	Exhibit A.	DD Form 149, dated 24 Jan 05, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFRC/DPM, dated 6 Apr 05, w/atch.
	Exhibit D.	Letter, SAF/MRBR, dated 22 Apr 05.
	Exhibit E.	Letter, AFBCMR, dated 11 May 05, w/atch.
	Exhibit F.	Letter, Applicant, dated 19 May 05.
	Exhibit G.	Letter, AFBCMR, dated 7 Jun 05.
	Exhibit H.	Letter, Applicant, dated 27 Jun 05.
	Exhibit I.	Letter, AFBCMR, dated 12 Jul 05.
	Exhibit J.	Letters, Applicant, dated 21 Sep 05 & 15 Oct 05.
	Exhibit K.	Letter, AFBCMR, dated 20 Oct 05.
	Exhibit L.	Letter, AFBCMR Medical Consultant, dated 
				4 Nov 05.
	Exhibit M.	Letter, AFBCMR, dated 14 Nov 05, w/atch.
	Exhibit N.	Letters, Applicant, dated 20 Nov 05
	Exhibit O.	Letter, AFBCMR, dated 20 Dec 05.
	Exhibit P.	Letter, Applicant, undated, w/atchs.

					XXXXXXXXXXXXXXXXXX
					Panel Chair