RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03106
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His rank at the time of discharge be reinstated to staff sergeant.

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APPLICANT CONTENDS THAT:

He realizes changing his grade at the time of his discharge from sergeant to staff sergeant on paper won’t mean much to anyone; however, to him it means a lot.  He was being considered for a medical discharge when he was reduced in grade for failure to progress on the weight management program (WMP); and this was despite the XXX commander at Tinker AFB arguing for mitigation in his favor.  The commander could have shown leniency based on the outcome of his review, but did not.  He continued to do his job at the same level of professionalism until his eventual medical discharge.  He further indicates he did all that was asked of him by the group and squadron commander.  The Air Force was his career and life, and to this day, the circumstances surrounding his discharge are a heavy burden.

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

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STATEMENT OF FACTS:

On 21 July 1977, the applicant enlisted in the Regular Air Force in the grade of airman basic.

According to the applicant’s medical records, it appears he was enrolled in the weight control management program in 1979.

On 12 March 1990, the applicant was notified of his nonrecommendation for promotion.  The commander indicated the reason for this action was because the applicant missed his promotion test date of 7 March 1990, stating he forgot he was testing that day.

Special Order A-2246, dated 17 August 1990, indicates the applicant was demoted from the grade of staff sergeant (E-5) to sergeant (E-4) effective and with a date of rank (DOR) of 19 July 1990.

On 22 October 1990, the Secretary of the Air Force Personnel Council, acting for the Secretary, found the applicant served satisfactorily in the higher grade of staff sergeant within the meaning of Section 1212, Title 10, United States Code.

Applicant was honorably discharged on 13 November 1990, in the grade of sergeant, under the provisions of AFR 35-4 (Disability-Entitled to Severance Pay).  He served a total of 13 years, 3 months and 23 days of total active military service.  He received $32,803.20 in severance pay based on the grade of staff sergeant.

A resume of the applicant's performance reports since 1985 follows:

		PERIOD ENDING		OVERALL EVALUATION

			16 May 85			9 (Old System)
			13 Sep 85			9
			13 Aug 86			9
			 8 Aug 87			9
			 8 Aug 88			8
			 8 Aug 89			9
			 8 Aug 90			3 (New System)
								Referral Report

Additional medical information is provided by the BCMR Medical Consultant’s evaluation at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommended denial.  He indicated effective 19 July 1990, the applicant was demoted to sergeant, presumably due to failure in the WMP.  In July 1990, his orthopedic surgeon initiated a Medical Evaluation Board (MEB) for bilateral knee pain resulting in a disability discharge with severance pay (20 percent).  Because of the reduction in grade, the applicant’s case was referred to the Secretary of the Air Force Personnel Council (SAFPC) for a grade determination for the purposes of disability pay calculation in accordance with Title 10, Section 1212.  On October 22, 1990, the SAFPC determined the applicant served satisfactorily in the higher grade of staff sergeant within the meaning of Section 1212, Title 10, United States Code.  Section 1212 of Title 10 applies only to the calculation of severance pay and not the actual grade as shown on the DD Form 214.  The applicant received severance pay calculated on his highest grade held.  The applicant’s DD Form 214 properly reflects his permanent grade of sergeant

He further indicated weight loss occurs when the dietary caloric intake is less than the metabolic needs of the body.  Weight loss by diet alone requires a high level of discipline to lose and maintain the loss.  Furthermore, the body responds to weight loss with a reduction in energy expenditure that correlates with the “plateau” individuals experience after an initial weight loss.  Exercise augments weight loss by raising the basal metabolic rate (offsetting the aforementioned effect that weight loss has on the metabolism) as well as by burning calories during exercise.  Exercise is not an absolute requisite for weight loss, but augments and helps maintain weight loss as well as providing overall physical and psychological health benefits.  

The applicant experienced problems with weight control even before entering the Air Force, and was enrolled in the Air Force weight control management programs on a recurring basis since 1979, two years after entry onto active duty.  Sustained adherence to the prescribed regimens would have controlled the applicant’s weight over the several years he was enrolled in the weight management programs.  While the inability to exercise impeded the applicant’s ability to lose weight in the months leading up to his demotion, the dietary prescription of December 1989 accounted for this decrease in activity and would have been expected to produce a one to two pound loss per week.  Instead, the applicant gained weight consistent with diet non-compliance.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated he was overweight when he enlisted in the Air Force.  The records of his recruiter indicated he had to lose weight on a medically unsafe diet just to get in the service.  The point is the Air Force let him in the service knowing he had a weight problem.  If the Air Force was going to penalize him for his weight, why let him enlist?  He chose to stay and do his best, even though he was not given the job he had earned in basic training.  The Area Defense Counsel (ADC) commander pointed out that according to Air Force Regulation 39-10 in effect at that time, with his being considered for a medical discharge by an MEB, his commander was well within the rights to withhold demotion action pursuant to the final outcome of the MEB.  The commander was counseled by the First Sergeant not to show that leniency, despite his (applicant’s) job performance.  He asks that his records be changed back to the last highest rank he honorably held.  He feels his duty performance alone brought credit to his unit and the Air Force.  He worked hard for staff sergeant and brought credit to the grade and the units he served.

Applicant’s 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  After thoroughly reviewing the evidence of record, the Board is persuaded the applicant’s rank at the time of discharge should be reinstated to staff sergeant.  It appears the Air Force was aware of the applicant’s weight problem almost from the beginning of his initial enlistment.  In this respect, the applicant was enrolled in the weight control management program throughout his Air Force career, but it was not until 19 July 1990 that he was demoted to sergeant due to failure in the program.  The Board notes, on 22 October 1990, the Secretary of the Air Force found the applicant served satisfactorily in the higher grade of staff sergeant for the purposes of severance pay and he received disability severance pay based on that grade.  The Board also notes the applicant’s performance reports reflect excellent duty performance with the exception of his last performance report.  While we cannot determine to what extent his disability impacted his ability to lose weight, we believe the benefit of the doubt should be resolved in the applicant’s favor.  Therefore, despite his failure in the weight control management program, the Board believes the applicant served honorably in the grade of staff sergeant and should have his grade of staff sergeant reinstated effective the date of discharge.  In view of the foregoing, the Board recommends his 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 he was promoted to the grade of staff sergeant, effective and with a date of rank of 12 November 1990.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03106 in Executive Session on 2 June 2004, 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 September 2003, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, 
		dated 5 February 2004.
	Exhibit D.	Letter, SAF/MRBR, dated 20 February 2004.
	Exhibit E.	Letter, Applicant, dated 23 February 2004.

			

AFBCMR BC-2003-03106

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 staff sergeant, effective and with a date of rank of 12 November 1990.