RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-00097
				INDEX CODE:  134.02 111.02  							      131.09 131.03
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

1.  His records reflect he was not entered into the Weight & Body Fat Management Program (WBFMP).

2.  Any negative WMP comments on his Enlisted Performance Reports (EPRs) be removed [only the referral report closing 30 Sep 97 reflects he did not meet standards].

3.  He be afforded promotion consideration to the grade of technical sergeant (TSgt) for those previous promotion cycles for which he was ineligible.

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APPLICANT CONTENDS THAT:

He was denied the opportunity to test for promotion because of failure to progress in the WBFMP. However, his thyroid level was not checked until Nov 00. This condition can cause weight gain, joint problems and mood swings. Had his condition been known from the beginning, he would not have been disqualified from testing. This error subjected him to unfair administrative actions, stopped his career growth, and placed him and his family at a disadvantage. 

He provides a statement from the Chief, Medical Staff of the 43rd MDG/SGH, Pope AFB, NC, who indicates he found no evidence that the applicant’s thyroid status was checked until recently. The Chief recommends the applicant’s WBFMP records be purged and he be allowed to restart the program with a fresh record once his medical conditions and life situation have stabilized.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 16 Sep 82 and is currently serving in the Regular Air Force in the grade of staff sergeant with a date of rank of 1 Sep 88.  During the period in question, he was assigned to the 43rd Medical Operations Squadron at Pope AFB, NC.

A 26 Oct 88 medical entry reflects that the applicant was entered into a cholesterol and weight control program; however, no weight is recorded.

A medical entry dated 18 Sep 94 indicates that a thyroid stimulating hormone (TSH) test on the applicant was requested pursuant to a weight management evaluation and that the results were normal.  The applicant weighed 191 pounds and had a body fat (BF) of 26%.

On 28 Oct 96, a medical entry reflects that the applicant, who was 5’7” and whose ideal body weight was around 148 pounds, weighed 200 pounds and had a BF of 35%.  He was counseled and placed on a 1500-calorie diet.  

On 21 Dec 98, he was entered into the WBFMP weighing 216 pounds with a BF of 32%.  The BF standard for his age was 24%. His first unsatisfactory period was on 21 Oct 99, when he weighed 219 pounds and had a BF of 33%.  His received a Letter of Counseling (LOC) on 16 Feb 00 for unsatisfactory progress on 8 Feb 00, when he weighed 223 pounds and had a BF of 31%.  He received a Letter of Reprimand (LOR) on 16 Mar 00 for unsatisfactory progress on 14 Mar 00, when he weighed 220 pounds and had a BF of 32%.  On 9 Nov 00, he was placed on profile until 9 Feb 01 for hypothyroidism.  He resumed WBFMP participation on 12 Mar 01 and at that time weighed 225 pounds and had a BF of 33%.

His EPRs from 1982 to 1989 reflect overall ratings of “9.” The new rating system was in effect in 1990 and from then until present his overall ratings are: 4, 3, 3 (Referral--Duties & Training), 4, 5, 5, 5, 5, 3 (Referral--Standards), 4, 5, 5 and 3. 

Effective 1 Aug 95, individuals who make unsatisfactory progress on the WBFMP are automatically ineligible for promotion consideration in accordance with AFI 36-2502, Airman Promotion Program.  Additionally, members who receive a referral EPR, as did the applicant for the period ending 30 Sep 97, are ineligible for promotion consideration in accordance with HQ AFMPC/DPMA 9 Jun 95 message and AFI 36-2502. Promotion eligibility is regained only after receiving an EPR with an overall rating of “3” or higher that is not a referral report, and closes out on or before the Promotion Eligibility Cutoff Date (PECD) for the next cycle.  

As a result, the applicant was ineligible for promotion consideration to TSgt for cycles 97E6, 98E6, and 00E6. He was eligible for consideration by the 99E6 cycle, for which he was not selected, and the 01E6 cycle. [DPPPWB informally advised the AFBCMR Staff that the applicant was selected (29 May 01) in the 01E6 cycle and received a Promotion Sequence Number of 93, which would be effective 1 Aug 01. However, his promotion has been placed in a withhold status since he is in the WBFMP. He is in Promotion Eligibility Status (PES) Code "I" (Reference AFI 36-2502, Table 1.2, Item 4), which means he is presently making satisfactory progress and will be able to assume the grade once his weight standard has been met, and provided he is recommended by his commander and is otherwise eligible.]

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant reviewed the appeal and notes that the applicant provides results of a single thyroid function test taken in Nov 00 that shows an elevation of the pituitary gland TSH, a value that may be an indication of low thyroid gland hormone output. A test for free thyroid done at the same time, however, shows a normal value. A normal TSH was reported in Sep 94 when a WBFMP laboratory test review was accomplished, thus negating the applicant’s argument for relief. The applicant has had at least 13 years of difficulty meeting and maintaining WMP standards and has had a negative test for thyroid dysfunction in the course of his evaluations.  Since reentry to the WBFMP in Dec 98, his weight has varied from a high of 225 currently to 202 pounds last August. He has demonstrated the ability to lose weight, but feels a tentative diagnosis of hypothyroidism should be taken into account.  The Consultant is not convinced by evidence of a single test that the applicant has bonefide hypothyroidism or that the requested relief should be granted. While it appears he has been started on thyroid hormone replacement, the rationale for this is lacking in the records available for review. Evidence reflects that in 1994 his thyroid function was normal even though he was struggling with weight control at that time, also.   While the applicant’s physician alludes also to some psychological problems that are not otherwise addressed in the medical records, further comment is not possible from this review.  Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

The Chief, Field Operations Branch, HQ AFPC/DPSFM, evaluated the case with regard to the validity of the applicant’s WBFMP case file. The applicant entered the WBFMP in Dec 98. The Medical Consultant confirmed that all the necessary lab tests were conducted and reflected the applicant was healthy. The WBFMP case file was properly administered and maintained. No injustice or irregularities have been found to support the applicant’s request, which should be denied.

A complete copy of the evaluation is at Exhibit D.

The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, noted the applicant was ineligible for cycles 97E6, 98E6 and 00E6. However, he was eligible and considered, but not selected, for TSgt in cycle 99E6 because his score was 315.61 and the required score for selection in his Air Force Specialty Code (AFSC) was 328.92. He is currently eligible for promotion cycle 01E6 (promotions effective 1 Aug 01 and 1 Jul 02). The Chief agrees with the recommendations of the other advisories and also recommends denial. However, the Board could direct supplemental promotion consideration for the three missed cycles if the unsatisfactory progress record, as well as the 30 Sep 97 EPR, are removed.

A complete copy of the evaluation, with attachments, is at Exhibit E.

The Chief, Performance Evaluations Section, HQ AFPC/DPPPEP, also reviewed the appeal and notes the Medical Consultant’s review of the applicant’s medical condition. The Chief indicates the applicant has not provided sufficient documentation to reasonably conclude that the hypothyroidism was preexisting and undiagnosed.  All evaluations are considered accurate as written; therefore, eliminating comments referring to the applicant’s WBFMP status would be unjust.  Denial is recommended.

A complete copy of the evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 29 Jun 01 for review and comment within 30 days.  As of this date, this office has received no response. 

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that the requested relief is warranted. The applicant’s contentions are duly noted, as was the supporting statement from the Chief, Medical Staff of the 43rd MDG/SGH.  However, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 15 August 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 17 Nov 00 (received 10 Jan 01),
                        w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR Medical Consultant, dated 11 Apr 01.
  Exhibit D.  Letter, HQ AFPC/DPSFM, dated 18 May 01.
  Exhibit E.  Letter, HQ AFPC/DPPPWB, dated 23 May 01, w/atchs.
  Exhibit F.  Letter, HQ AFPC/DPPPEP, dated 27 Jun 01.
  Exhibit G.  Letter, SAF/MIBR, dated 29 Jun 01.

                                   
                                   Panel Chair