AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

-	2 lll l PI·
-	
PERSONAL APPEARANCE	X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANJ.1.ATION

MEMBERS SITTING

ADDRESS AND OR ORGANUATION OF COUNS:EL

x x x x x

INDEX NUMBER
A94.55, AOl.55	Al3.00	1	ORDER APPOINTING Tiffi BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
BEARING DATE
03-05-21

CASE NUMBER
FD2003-00076
4	
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO IBE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF P$SONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

SAF/MIBR
550 C STREET WEST, SUITE 40 RANOOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WINO, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ  FORM  0..2077, JAN  00	(EF-V2)	Previous edition will be used.

•·

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2003-00076	

GENERAL:  The applicant appeals to change the reason and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board but  declined  to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Change of reason and authority for discharge are denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUES: Applicant received an honorable separation when he resigned in lieu of undergoing further administrative discharge proceedings for failure in the weight management program (WMP). Applicant contends the narrative reason for the discharge reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, in block 28 is misleading, incorrect, and legally insufficient. Applicant believes that block should reflect that he resigned his commission. The Board notes that block 23, '"type of separation," properly reflects that member resigned. And although member resigned to avoid further administrative discharge processing, the basis for the discharge remains the same as that for which he was recommended for administrative separation, namely weight control failure. The record clearly reflects that member had six periods of unsatisfactory performance under the WMP and was subject to discharge after four such unsatisfactory periods. Member" s maximum allowable weight was 221 pounds,  and  his maximum allowable Body Fat Measurement (BFM) was 20 percent. When he entered the program in April 1993 he weighed 258.5 pounds and was 33.6 percent BFM. At the time of his sixth unsatisfactory period in November  1996, he weighed 245 pounds and was 29 percent BFM.

The applicant noted he desires to serve in the Army Judge Advocate General Corps and cites the Military Entrance Processing Station view that his discharge for weight control failure constitutes a medical disqualification. Although applicant believes this is waiverable, he notes it has delayed and complicated the process. While the Board commends applicant on his desire to return to military service, and is sympathetic to the impact the reason for discharge may have on his reentry status, this is not a matter of equity or propriety that warrants a change.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis to change the reason or authority for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief