RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01234
		INDEX NUMBER:  131.00

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

She be promoted to staff sergeant (SSgt) effective her first eligibility in 1998 (98E5 Cycle).

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APPLICANT CONTENDS THAT:

She was selected for promotion to SSgt twice, but never promoted due to weight problems and placement on the Weight Management Program (WMP), problems that were later determined to be medical in nature (diagnosed with severe narcolepsy).

In support of her appeal, applicant has provided a copy of a statement in which her section commander had requested through command channels that her promotion be reinstated due to inaccurate and incomplete data in her records.  He stated in his memorandum that the applicant was diagnosed with narcolepsy in March 1999 and that medical authority stated that this condition and prescribed medication were responsible for her weight fluctuation and was a major factor in her ability to maintain Air Force weight standards.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 1 Apr 92.  A review of all her Enlisted Performance Reports (EPRs) indicates overall ratings of “5.”  

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the memorandum prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this section of the Record of Proceedings.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant evaluated this application and recommends that the applicant’s request be denied.

The applicant was filling a notable career when she developed signs and symptoms of disorder dating from 1992, but more significantly in 1996, that would eventually be diagnosed as narcolepsy and which would lead to her discharge.  Also late in 1996/early 1997 she began experiencing weight fluctuations and was entered into the weight management program (WMP) in July 1997 and subsequently lost two promotion selections.  Based on a letter written by her care provider, the applicant feels that her weight fluctuations were the result of side effects of various medications she was given in trials to control her narcolepsy, none of which she stayed on for any significant period of time.  In general, the medications included stimulants, which have effects of causing weight loss rather than weight gain, and the brief time she was on any given medication very likely had no effect on her overall weight problem.  Even a trial on thyroid replacement therapy did nothing for her weight situation and this was discontinued when it was determined that she did not have a glandular dysfunction.  It is also noted on her EPR closing out 9 Apr 98 that she was “making excellent progress” on the WMP.  When the narcolepsy became unduly problematic in her workplace, she was presented to the disability evaluation system where the recommendation for separation was made and rebutted by the applicant to the Secretary of the Air Force Personnel Council who, on 8 November 1999, concurred with the earlier Board in finding the disability rated no more than 20 %.

There is no factual evidence that the applicant’s weight problems were in any way related to her prescribed medications.  Indeed, the medications would have had an overall effect to cause her to lose weight.  It is also noted that the applicant weighed 154 pounds at the time of a physical examination in 1993 and her enlistment weight of 138 pounds was within 10 pounds of her maximum allowable of 146.   All indications are that the applicant had a long-standing weight problem that was unrelated to her diagnosed narcolepsy or any of the medications she was prescribed.

The complete evaluation is at Exhibit C.

The Chief, Inquiries/AFBCMR Section also evaluated this application and recommends denial of the applicant’s request.

Individuals who are making unsatisfactory progress on the Weight and Body Fat Management Program (WBFMP) are automatically ineligible for promotion consideration in accordance with applicable Air Force instructions.  If a member is making unsatisfactory progress on the WBFMP on or after the Promotion Eligibility Cutoff Date (PECD) for the respective cycle, they are ineligible for the entire cycle.  When the applicant made unsatisfactory progress on the WMP on 13 Nov 98, she became automatically ineligible for promotion.  Her section commander subsequently requested reinstatement of her selection that was to be effective 1 Apr 99.  This request was based on inaccurate and incomplete data in her records (her inability to meet weight standards based on her medical condition and prescribed medication).  The Staff Judge Advocate reviewed the request and did not concur and the promotion selection was not reinstated.

The applicant was subsequently selected for promotion to SSgt for the next cycle, 99E5.  Her projected promotion would have been effective 1 Feb 00, not 1 Dec 99 as reflected in her Chronological List of Events.  On 8 Nov 99, however, the applicant was found to be physically unfit for continued service by the Secretary of the Air Force Personnel Council (SAFPC) and directed to be discharged with severance pay.  SAFPC’s determination automatically rendered her ineligible for promotion IAW AFI 36-2502, Table 1.1, Rule 7, irrespective of the fact that her name was on a promotion list, and resulted in her discharge in the grade of senior airman (SrA).

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were mailed to the applicant on 27 Jul 01 for review and comment within 30 days.  To date, a response has not been received.

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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 or injustice.  We were persuaded by the efforts of the applicant’s commander at the time to reinstate her promotion.  Of significant note is his statement that had he been aware of the applicant’s medical problems, he would never have entered her into the weight management program.  Although the AFBCMR Medical Consultant opines that the applicant’s weight problems were unrelated to her medication and diagnosed narcolepsy, the treating physician during the actual timeframe states that the applicant was on multiple medications from December 1996 forward that may have caused fluctuations in her weight. These conflicting views create doubt that we believe should be resolved in favor of the applicant.  Therefore, we recommend that the record be corrected as 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 staff sergeant (SSgt) (E-5) with a date of rank and effective date of 1 April 1999.

	  b.  She was discharged on 18 January 2000 under the authority of AFI 36-3212 in the grade of SSgt vice senior airman (E-4).

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The following members of the Board considered this application in Executive Session on 5 September 2001, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 20 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, BCMR Medical Consultant,
                 dated 29 May 01.
     Exhibit D.  Memorandum, AFPC/DPPPWB, dated 21 Jun 00
                 w/atchs.
     Exhibit E.  Letter, SAF/MIBR, dated 27 Jul 01.

                                                                     Panel Chair

AFBCMR 01-01234

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, be corrected to show that:

		a.  She was promoted to the grade of staff sergeant (SSgt) (E-5) with a date of rank and effective date of 1 April 1999.

		b.  She was discharged on 18 January 2000 under the authority of AFI 36-3212 in the grade of SSgt vice senior airman (E-4).

		
		Director
		Air Force Review Boards Agency