RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00038
		INDEX CODE:  102.07, 128.00
	APPLICANT	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She receive her original dates of rank (DOR) for the grades of  E-3 and E-4 with all back pay and allowances, to include the difference in severance pay.

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APPLICANT CONTENDS THAT:

On 29 Jan 98, she was entered into the Weight Management Program (WMP).  On 8 Feb 98, she dislocated her right shoulder and was placed on a medical profile.  The profile forbade any aerobic exercise, thus limiting her aerobic activity and control over her weight.  She should have been granted a temporary medical deferral until her recurring dislocation was surgically repaired. 

During this initial profile she was denied promotion to the grade of E-3.  She was otherwise fully qualified for promotion and her Primary Care Manager (PCM) recommended a body fat adjustment, which was denied by the wing commander.  

In October 1998, she was prescribed steroid injections, which added to her weight gain.  In November 1998, she was granted a 6-month deferral.  In May 1999, after her deferral expired, she had made unsatisfactory progress in the WMP and was served administrative action by her commander.  In June 1999, even though her physical condition had not improved, she was placed on the control roster for not meeting weight standards.  This action again rendered her ineligible for promotion.

In October 1999, her PCM excused her from participating in the WMP and her commander granted her a temporary medical deferral, which expired in April 2000.  Upon expiration her PCM extended her profile forbidding aerobic exercise.  In May 2000, her new unit commander rescinded all administrative actions taken against her with the exception of her promotion denial.  On 5 May 00, she was denied promotion to E-4.  In August 2000, her supervisor, first sergeant, and commander requested wing commander approval or her retroactive promotions.  She was separated from the Air Force on 5 Sep 00 as an E-2.  Her wing commander signed the request approving her retroactive promotion on 20 Sep 00.  Her commander had been advised that her promotion could be corrected in-system 6-8 weeks after her separation.  She was later advised that the AFBMCR was her only course to correct her promotion records.

In support of her request applicant provided a personal statement; copies of AF Forms 422, Physical Profile Serial Report; an extract from AFI 40-502, The Weight and Body Fat Management Program; a memorandum from her PCM; AF Form 393, Individual Record for the Weight Management and Fitness Improvement Training Programs; her wing commander’s memorandum; and, her DD Form 214, Certificate of Release or Discharge from Active Duty.  Her complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force in the grade of airman basic (E-2) on 7 May 97.  She was promoted to the grade of airman, E-2, with a date of rank (DOR) of 7 Nov 97.

A Medical Evaluation Board (MEB) was convened on 27 Jun 00.  Her case was referred to an Informal Physical Evaluation Board (IPEB) for a diagnosis of major depressive disorder, chronic shoulder pain, classic migraine headaches, and obesity.  On 10 Jul 00, the IPEB found her unfit for further military service based on a diagnosis of chronic right shoulder pain status post labral repair and capsular shrinkage associated with frequent dislocations.  The IPEB recommended that she be discharged with a 10 percent compensable disability rating.  She concurred with the findings and recommended disposition of the IPEB.  On 18 Jul 00, the Office of the Secretary of the Air Force directed that she be discharged, with disability severance pay in the grade of airman.  She was discharged on 5 Sep 00 and issued an Honorable Discharge certificate.  She had served 3 years, 3 months, and 29 days on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed her request and recommends denial.  The Medical Consultant states that she passed her initial enlistment physical examination 8 pounds over the maximum allowable weight (MAW) for her height.  In July 1996, she had failed the examination trying to enlist in the Army.  In September 1997, 4 months after enlistment, she weighed 151 pounds, 8 pounds over her MAW, and was entered into the WMP in January 1998 at 159 pounds.  After her shoulder injury in February 1998, her service was marked by repeated episodes of dislocations leading to reduced activity of the arm (but not initially excluding her from activities not involving use of the arm, e.g., bicycling).  After she underwent surgery in September 1999, she had no further problems with dislocations but developed a chronic pain syndrome that left her still unable to perform her duties.  Her commander, having control over her promotions, chose not to promote her, as was his privilege to do.  His letter to the disability authorities indicated she had been unable to fulfill her duties since February 1998, only 9 months from when she entered the military.  

Despite her multiple profiles, she was not limited from performance of exercises that could have helped her maintain weight standards until later in the course of her treatment.  He fails to see how a shoulder problem could possibly interfere with such exercises as bicycling, stationary running, etc.  Her failures in the WMP were for the most part, unrelated to her shoulder problem.  She had a lengthy record of weight problems long predating the injury and had exhibited a reticence to participate in the program.  She provided a letter from a new commander in which he proposes retroactive promotions based on his review of the records and opinion that her weight problem was outside her control and that her duty performance warranted such promotions.  This recommendation is clearly different from what the previous commander had written just 5 months earlier (see Exhibit C).

The Enlisted Promotions and Military Testing Branch, AFPC/DPPPWB, reviewed applicant’s request and recommends that she be promoted to E-3 effective and with a DOR of 7 Sep 98 and to E-4 effective and with a DOR of 7 May 00.  DPPPWB states that her commander stated in a letter dated 20 Sep 00 that he believed after a careful review of her medical history, meeting Air Force standards was out of her control.  He indicates that she achieved satisfactory progress for many months while she was in the WMP which was a clear indication to him that she did all she was capable of doing, given her medical status, to meet standards.  Her wing commander indicated his approval for the retroactive promotions to E-3 and E-4.  However, the letter is dated after she was discharged.  In addition to those favorable recommendations, the Mission Support Commander at Charleston AFB, SC also discussed the circumstances of her case at great length from both a commander's perspective and a personnel perspective with members of the Enlisted Promotion Policy and Procedures Branch an AFPC and strongly supports her request based on her medical situation (see Exhibit D).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded the BCMR Medical Consultant advisory and states that he mentioned that she failed the entrance examination for the Army but failed to mention the fact that the Army MAW is lower than the Air Force MAW.  He is incorrect in his statement that she entered the WMP in January 1998.  She was identified in January 1998, but before WMP processing could be completed, she dislocated her shoulder.  Thus, she was not medically cleared.  Her PCM placed her into the WMP because there was no diagnosis for the recurring shoulder dislocations/sublocations and severe pain that she was suffering.  

She made satisfactory progress in the WMP until she was placed on steroids in an attempt to strengthen her shoulder and to try to stop the dislocations.  At that point, as indicated on her AF Form 393, her weight ballooned.  The Medical Consultant failed to mention that the Chief, Orthopedic Surgeon at Walter Reed Army Medical Center, diagnosed her as having a labral tear and enlarged capsule in the right shoulder.  Which indicates the severity of her condition.  

Her previous commanders made no earlier request of her wing commander for promotion because the diagnosis had not been made and they were unaware of the provision in the regulation.  Had this been known, her previous commander would have requested promotion from the wing commander.  The advisor's statement that her commander had the authority to promote her in weight status code (WSC) 5 is incorrect.  According to AFI 40-502, only the wing commander has the authority to promote enlisted members in WSC 5.  

She addressed the advisory's statement regarding a mental health referral and states that she was referred to a counselor for assistance dealing with her grandfather's impending death and was diagnosed with depression and given medication only after seeing him die in her arms.  Nowhere in her records does it say that she was having trouble adjusting to military life, as suggested by the advisory.

In further support of her request applicant provided an extract from a guide to shoulder surgeries and injuries; and, additional copies of documents previously submitted (see Exhibit F).
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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 timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error and injustice to warrant granting partial relief of the applicant’s request.  We carefully reviewed the documents provided, which include a letter signed by her wing commander approving reinstatement of her promotion eligibility to the grades of E-3 and E-4.  We note that in accordance with established policy, the wing commander has the authority to terminate the promotion withhold action and reinstate her promotion eligibility.  It appears that the promotion authority was under the assumption that his action was timely, unfortunately that was not the case.  It is our opinion that the applicant should receive retroactive DOR, as indicated in his letter, to the grades of E-3 and E-4 and that her disability severance pay should be adjusted accordingly.  We note however, that in applying the rules established by that same policy, the effective dates of the promotion to those grades is the date of the reinstatement approval.  Consequently, since the effective date of promotion determines eligibility to receive pay and allowances in those grades, the applicant would not be entitled to back pay and allowances as she requested.  While we find it appropriate to grant the applicant retroactive DORs, we believe that the application of policy regarding the establishment of effective dates in cases of WMP participants would be proper in this case.  Applicant has not provided any evidence that would persuade us otherwise.  Therefore, we recommend that her records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

a.  She was promoted to the grade of airman first class (E-3) with a date of rank (DOR) of 7 September 1998 and effective date of 4 September 2000. 

b.  She was promoted to the grade of senior airman (E-4) with a DOR of 7 May 2000 and effective date of 4 September 2000.

c.  On 5 September 2000, she was honorably discharged with entitlement to disability severance pay in the grade of senior airman (E-4), rather than airman (E-2).

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The following members of the Board considered this application in Executive Session on 30 May 01, under the provisions of AFI 36‑2603:

Ms. XXXXXXXXXXXXXXXXXX, Panel Chair
Ms. XXXXXXXXXXXXXXXXXX, Member
Mr. XXXXXXXXXXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Dec 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 9 Mar 01.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 28 Mar 01.
     Exhibit E.  Letter, SAF/MIBR, dated 27 Apr 01.
     Exhibit F.  Letter, Applicant, undated, w/atchs.

                                  XXXXXXXXXXXXXXXXXX
                                  Panel Chair

AFBCMR 00-00261

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to                APPLICANT, be corrected to show that:

	a.  She was promoted to the grade of airman first class (E-3) with a date of rank (DOR) of           7 September 1998 and effective date of 4 September 2000. 

	b.  She was promoted to the grade of senior airman (E-4) with a DOR of 7 May 2000 and effective date of 4 September 2000.

	c.  On 5 September 2000, she was honorably discharged with entitlement to disability severance pay in the grade of senior airman (E-4), rather than airman (E-2).