RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00430 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 12c, Net Active Service, be corrected to reflect a total of 6 years, 00 months, and 00 days. APPLICANT CONTENDS THAT: He was on the Weight Management Program (WMP) and even though he performed his duties in an outstanding manner, his leadership pushed to separate him within a very short period of time with very little explanation as to the repercussions. As a result, he fell 10 days short of completing six full years on active duty. The six year mark was very financially significant. He received a Bonus when he reenlisted in Aug 98 and since he was subsequent involuntary separated short of the six year mark, the Air Force recouped over $3,000. This placed his family in a financial hardship, as both he and his spouse were unemployed at the time. He only recently was informed that he could request a correction of his military records. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 20 Apr 95, the applicant entered the Regular Air Force. On 18 Nov 98, the applicant was entered into the Weight Management Program. On 5 Feb 99, the applicant failed to lose the required five pounds or one percent body fat. For his first unsatisfactory weight-in, he received a Letter of Counseling (LOC). On 12 Oct 99, the applicant failed to lose the required five pounds or one percent body fat. For his second unsatisfactory weigh-in, he received a Letter of Reprimand (LOR) and established an Unfavorable Information File (UIF). On 12 Dec 00, the applicant failed to lose the required five pounds or one percent body fat. For his third unsatisfactory weigh-in, he received a Letter of Reprimand (LOR) and was put on a Control Roster. On 31 Jan 01, the applicant failed to lose the required five pounds or one percent body fat. For his fourth unsatisfactory weigh-in, he was recommended for an administrative discharge. On 28 Mar 01, the applicant was notified by his commander that he was recommending him for discharge in accordance with AFI 36-3208, Administrative Separation of Airmen, Chapter 5, paragraph 5.65. The commander recommended the applicant’s service be characterized as “Honorable”. On 29 Mar 01, the applicant consulted legal counsel and waived his right to submit a statement on his behalf. On 1 Apr 01, the staff judge advocate reviewed the case file and found it legally sufficient. On 3 Apr 01, the discharge authority directed the applicant be discharge for exceeding body fat standards. Probation and rehabilitation was not warranted in this case. On 9 Apr 01, the applicant was furnished an Honorable discharge, and was credited with 5 years, 11 months, and 20 days of active service. The applicant’s DD Form 214 reflects a narrative reason for separation as “Weight Control Failure” and separation pay of $5,595.50. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOR-SEP recommends denial indicating there is no evidence of an error or an injustice. They also note that the case is not timely; as it has been 14 years since the applicant was discharged and provided no reasonable explanation for the late submission. The applicant failed five weigh-ins and his failure to meet minimum Air Force standards is a sufficient basis for discharge. Based on the documentation on file in the master personnel record, the discharge to include the Separation Program Designator code, narrative reason for separation and character of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. A complete copy of the AFPC/DPSOR-SEP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Dec 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2015-00430 in Executive Session on 7 Jan 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00430 was considered: Exhibit A. DD Form 149, dated 22 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR-SEP, dated 8 Jul 15. Exhibit D. Letter, SAF/MRBR, dated 1 Dec 15.