RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03178
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His promotion to the grade of master sergeant be reinstated, with an original date of rank and effective date of 1 May 02.

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APPLICANT CONTENDS THAT:

Although he lost 30 pounds over a period of one year, decreases in his neck size versus his waist size ratio resulted in violent swings in his percentage of body fat, further resulting in three failures during monthly checks.

The approved body fat standard adjustment did not take place until after the failures and his promotion to the grade of master sergeant had already been rescinded.

In support of his appeal, the applicant provided an expanded statement, supportive statements, Weight and Body Fat Management Program (WBFMP) documentation, and other documents associated with the matter under review.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of technical sergeant, having been promoted to that grade on 1 Aug 98.  His Total Active Federal Military Service Date (TAFMSD) is 18 Mar 93.

The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force.  

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AIR FORCE EVALUATION:

AFPC/DPSFM recommended denial.  They noted that the applicant entered the WBFMP on 21 May 01 at 228.5 pounds and 26 percent body fat.  His body fat standard was 24 percent and he was required to reduce his body fat by 1 percent or lose 5 pounds per month in order to make satisfactory progress.  He had three recorded unsatisfactory failures.  Upon recommendation from his unit commander and the Health and Wellness Center medical officer, the applicant received a 26 percent body fat standard adjustment, effective 25 Feb 02.  The applicant demonstrated his ability to maintain his body fat standard of 24 percent in Aug and Sep 01, and from Mar 02 through Aug 02 when he completed the program.

According to AFPC/DPSFM, the unit commander may consider members for an upward body fat standard adjustment if the member is identified as over body fat limits according to the fat percent charts listed in AFI 40-502, but otherwise presents a professional military appearance.  Only increases to the body fat percentage are considered and the requested adjustment will not exceed the body fat percentage at which the member is measured.  The request and a medical recommendation are forwarded to the installation commander for approval or disapproval.  Adjustments are approved for 12-month periods only.  Renewals or continuations will be submitted with an updated medical recommendation.  The adjustment is effective on the date of approval.

In AFPC/DPSFM's view, the applicant’s three failures occurred prior to the approval of an upward body fat adjustment and his demonstrated ability to maintain his body fat standard of 24 percent.  Current Air Force policy states that personnel are ineligible for promotion reinstatement if they have had more than one WBFMP failure in their WBFMP case history.

A complete copy of the AFPC/DPSFM evaluation is at Exhibit B.

AFPC/DPPPWB noted that the applicant was selected for promotion to the grade of master sergeant during cycle 01E7 (promotions effective Aug 01 — Jul 02) per promotion sequence number (PSN) 4815.0, which would have incremented on 1 May 02.  The promotion was cancelled as a result of his entry into Phase I of the WBFMP on 29 Oct 01.

According to AFPC/DPPPWB, the policy of rendering an individual ineligible for promotion when he or she is in Phase I, Weight Status Code 2 (unsatisfactory progress), of the WBFMP, was made in 1995 by senior Air Force leaders in an effort to tie maintaining standards and performance to promotion.  It is not in the best interest of the Air Force to promote an individual who is not meeting the required weight standards because of the demands required when performing varied Air Force missions.  Promotion ineligibility, because of weight, is the same as all other ineligibility conditions outlined in AFI 36-2502, Airman Promotion Program, Table 1.1.  If on or after the Promotion Eligibility Cutoff Date (PECD) for the respective cycle, a member is in one of these conditions, he/she is ineligible for the entire cycle.  This means (as specified in the AFPC/DPMA 091602Z Jun 95 message) a member cannot test, cannot be considered if already tested, and their projected promotion is cancelled, if already selected.  Although the applicant's unit commander and the Health and Wellness Center medical officer recommended that the adjusted body fat standard be retroactive to the date of his entry into the WBFMP, AFPC/DPPPWB indicated that they concurred with AFPC/DPSFM's denial recommendation.

A complete copy of the AFPC/DPPPWB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a response indicating that his request for reinstatement of his promotion was based on the uniqueness of his individual case.  The avenue he was addressing was of injustice.  He is appealing on the basis that his case is exceptional and the general rules do not cover his situation fairly.  He is 15 pounds under his maximum weight and presents a fit military image.  Due to his individual physical makeup, weight loss did not translate into body fat loss.  During the entire episode to date, he has decreased a total of seven inches off his waist.  He believes that had the body fat adjustment been made at the time he achieved Air Force weight standards, two of the failures would have been avoided.

Applicant's complete response is at Exhibit E.

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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 error or injustice.  The evidence of record indicates that the applicant was selected for promotion to the grade of master sergeant, but was rendered ineligible to assume the higher grade because of his failure to make satisfactory progress in the WBFMP, in that he had three recorded failures to maintain his body fat standard.  However, after a thorough review of the facts and circumstances of this case, we are persuaded that the applicant's failure to make satisfactory progress in the WBFMP was not due to his lack of effort.  In this respect, we note that the applicant was able to maintain weight standards, losing at least 30 pounds, and according to his commander, he presented a professional image in uniform.  However, because of his unique body type, he was unable to maintain his body fat standard.  As a result, his commander eventually recommended an upward adjustment of his body fat standard, which was approved by the wing commander.  Because of the adjustment, it appears that the applicant was able to meet his body fat standard.  Had his body habitus been recognized earlier and the adjusted standard applied, we believe that in all likelihood, the applicant would not have failed to make satisfactory progress in the WBFMP and would not have been ineligible for promotion.  In view of the foregoing, and the fact that he was an otherwise outstanding noncommissioned officer (NCO), we recommend that the applicant's records be corrected to reflect that he was promoted to the grade of master sergeant effective and with date of rank of 1 May 02.

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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 he was promoted to the grade of master sergeant effective and with date of rank of 1 May 02.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03178 in Executive Session on 30 Apr 03, 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 16 Sep 02, w/atchs.
     Exhibit B.  Letter, AFPC/DPSFM, dated 21 Jan 03.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 27 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Feb 03.
     Exhibit E.  Letter, applicant, dated 19 Mar 03.

AFBCMR BC-2002-03178

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 he was promoted to the grade of master sergeant effective and with date of rank of 1 May 02.

                                                                           Director
                                                                           Air Force Review Boards Agency