RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01905
		INDEX NUMBER:  131.02

		COUNSEL:  None

		HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His promotion to technical sergeant (TSgt) (E-6) earned during the 99E6 promotion cycle and cancelled due to unsatisfactory progress on the weight management program (WMP) be reinstated.

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APPLICANT CONTENDS THAT:

His problems with maintaining his weight were due to side effects suffered from taking the anthrax shots, both before and after he was placed on the weight management program (WMP).

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired from active duty in the grade of Staff Sergeant (SSgt) effective 1 Jan 01 after 20 years of service.  The applicant’s WMP casefile indicates that he was entered into phase I of the weight management program (WMP) on 9 Feb 99 at a weight of 231 pounds and bodyfat of 29 percent.  His allowable bodyfat standard was 24 percent.  The applicant was required to lose either 1% bodyfat or five pounds each month for satisfactory progress.  The AF Form 393, Individual Record for the Weight Management and Fitness Improvement Training Programs, reflects the following progress by the applicant:

	  Date Weighed  Weight/Bodyfat%	Gain/Loss	Action Taken		

	   12 Mar 99      222/28          -9/-1%	N/A
	12 Apr 99      228/26          +6/-2%	N/A
	17 May 99      223/26          -5/-0%	N/A
	21 Jun 99      217/26          -6/-0%	N/A
	30 Jul 99      214/27          -3/+1%	None Indicated	31 Aug 99      214/29           0/+2%	None Indicated	30 Sep 99      210/25          -4/-4%	N/A				24 Nov 99      217/26          +7/+1%	Counseling		29 Dec 99      216.5/28%       -0.5/+2%	Counseling		02 Feb 00      214.5/27%       -2/-1%	N/A				03 Mar 00      211/25%         -3.5/-2%	N/A			
	05 Jun 00      228/30%         +17/+5%	LOR(new duty station)	05 Jul 00      220.75/29%     -6.25/-1%	N/A					10 Oct 00      239.5/31%      16.25/+2%	Starting Term Lv

On 22 July 99, the WMP Medical Officer recommended that the applicant be given a body fat adjustment of 5 percent for no more than 6 months due to the applicant’s loss of 20 pounds since his entry into the program with no decrease in body fat.  The WMP Medical Officer later amended his recommendation due to a review of the applicant’s AF Form 393, which indicated that since he was entered into the WMP, the applicant had actually lost 14 pounds with a 3 percent decrease in bodyfat.  The WMP Medical Officer indicated that if the applicant continued to lose weight with no decrease in bodyfat, based on the results of his Jul 99 and Aug 99 weigh-ins, he would consider a bodyfat adjustment of 2 percent for no more than 6 months.

On 6 Aug 99, the applicant’s squadron commander submitted a request to the Wing Commander to grant the applicant a 5 percent bodyfat adjustment for no more than 6 months based on the applicant’s inability to reduce his bodyfat level from 29 percent despite an aggressive exercise regimen and a total weight loss of 14 pounds since his entry into the program.  The Group Commander concurred with the request, but it was disapproved by the Wing Commander.  The vaccination certificate provided by the applicant reflects that he began his anthrax series on 25 Feb 99.

The applicant tested for promotion to TSgt during cycle 99E6 and was selected with a promotion sequence number of 989.0 which would have been effective 1 Sep 99.  His commander cancelled his selection for promotion to TSgt due to his unsatisfactory progress on the weight management program (WMP).  A resume of his last ten performance reports follows:

	  Closeout Date				Overall Rating

	   12 Nov 90					3
	  *28 Feb 92					3
	   28 Feb 93					4
	   26 Feb 94					4
	   26 Feb 95					5
	   26 Feb 96					4
	   01 Dec 96					4
	   01 Dec 97					5
	   01 Dec 98					5
	   01 Dec 99					4

*  Referral Report due to unsatisfactory progress in WMP.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.

The applicant’s contention that his weight problems that led to his rank reduction were somehow related to receiving anthrax injections is not borne out on careful perusal of his medical records.  Rather, he had a career-long problem reaching and maintaining standards, and had received a referral performance report in 1992 because of this.  His commander acted within bounds in withholding or withdrawing his promotion because of his numerous failures and no inequity or impropriety is found that would warrant approval of his present request for rank reinstatement.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB recommends denial of the applicant’s request.

Promotion ineligibility because of weight is outlined in AFI 36-2502, Airman Promotion Program, Table 1.1, Rule 20, dated 1 Jul 99.  If on or after the Promotion Eligibility Cutoff Date (PECD) for the respective cycle, a member is in one of the indicated conditions, he/she is ineligible for the entire cycle.  This means a member cannot test, cannot be considered if already tested, and cancellation of projected promotion if already selected.  AFPC/DPPPWB notes that either because the Commander’s nonrecommendation was not timely or the PDS was not properly/timely updated, the applicant erroneously received payment as a TSgt for the month of Sep 99.

The complete evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 5 Oct 01 for his 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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the primary basis for our conclusion that the applicant has not been the victim of an error or injustice.  We were not convinced that the applicant’s problems in the weight management program were due to effects he suffered from anthrax shots.  Rather, we accept the assessment by the BCMR Medical Consultant that the applicant had problems meeting weight standards throughout his career.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 6 December 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,

                dated 16 Aug 01.
    Exhibit D.  Memorandum, AFPC/DPPPWB, dated 20 Sep 01,
                w/atchs.
    Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 01.