RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2008-02447
		INDEX CODE: 112.10
 	     				COUNSEL:  NONE
			  		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reinstated to the rank of senior airman (SrA).

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APPLICANT CONTENDS THAT:

There were discrepancies in the handling of his Weight and Body Fat Management Program (WBFMP) case and his WBFMP manager did not comply with AFI 40-502, The Weight Management Program.  Specifically, the WBFMP manager did not have an assistant and did not request medical clearance or schedule diet counseling IAW 40-502. Memorandums issued to satisfy AFI requirements were not followed by the WBFMP manager or squadron commander.  Six different individuals measured his neck and waist length.  Measurements were not consistent with AFI 40-502 and skewed the body fat percentages significantly.  A caliper test was completed with a 3% difference between the tape and caliper measurements.  He maintained a professional military appearance.  His work performance was exceptional; however, WBFMP failures and incorrect measurements prevented his promotion testing opportunity to the grade of staff sergeant (SSgt), he was subsequently demoted to the grade of airman first class (A1C), then discharged.

In support of his request, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; copies of his AF Forms 910, Enlisted Performance Report; AF Forms 108, Weight Program Processing; AF Forms 393, Individual Record for Weight Management and Wellness Improvement Training Programs; Letters of Reprimand, his discharge package and various other documents extracted from his military records. 

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 December 1989, in the grade of airman basic.  On 5 January 1995, he was identified as weighing 203 pounds and (21.5 lbs over) measuring 27% body fat (7% over).  He was entered into the WBFMP on 11 May 1995, weighing 189 lbs (7.5 lbs over) and measuring 23% body fat (3% over).  He failed to achieve the minimum established weight or body fat goals on seven different occasions.

He was considered for promotion to SSgt during cycles 94A5 and 95A5 and was not selected for promotion.  He tested for cycle 96E5 but was rendered ineligible when he was placed into Phase I (exceeding body fat percentages) of the WBFMB.  In accordance with AFI 36-2502, Airman Promotion Program, individuals placed in Phase I are ineligible for promotion consideration.  On 25 April 1997, he was administratively demoted to the rank of A1C after five failures in the WBFMP.

On 14 July 1997, he was honorably discharged in the grade of A1C.

He served seven years, seven months and nine days on active duty.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIMC recommends denial.  DPSIMC states AFI 40-502 gives commanders several options before placing members on the WBFMP.  These options were documented and identified to the applicant by his WBFMP manager and commander.  Commanders may consider members for an upward body fat standard adjustment if the member is identified as over the body fat limits according to the body fat percentage charts but otherwise presents a professional military appearance.  According to his commander, he did not meet the criteria listed above, hence his placement on the WBFMP.  His commander documented all instances where he failed to progress satisfactorily.  Additionally, his individual record for weight management was documented on AF Form 393 for each instance he was weighed and taped.  The record was properly annotated to reflect any weight gain or loss.  His commander documented dietary and exercise counseling via memorandums.  Although none of his AF Forms 108 are documented in section 3, “Medical Evaluation Results”; the weight and body fat measurements were administered and recorded IAW AFI 40–502.  His case file gives no indication that the entire program was jeopardized by inconsistencies, improper program management, or erroneous placement on the program.

The complete DPSIMC evaluation is at Exhibit B.

HQ AFPC/DPSOE recommends denial of his request for reinstatement to the rank of SrA.  DPSOE states the policy of rendering an individual ineligible for promotion in Phase I of the WBFMP was made 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 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 the other ineligibility conditions.  If on or after the promotion eligibility cutoff date of the respective cycle, a member is in one of these conditions, he/she is ineligible for the entire cycle.  This means a member cannot test and cannot be considered if already tested and their projected promotion is cancelled if already selected.  DPSOE states the commander was acting within his authority to administratively demote him for failure to maintain weight standards and they concur with the commander’s recommendation. 

The complete DPSOE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 September 2008 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would persuade us that the applicant should be reinstated to the rank of SrA.  We agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of an error or injustice.  In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 Docket Number BC-2008-02447 in Executive Session on 5 November 2008, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 June 2008, w/atchs. 
	Exhibit B.  Letter, HQ AFPC/DPSIMC, dated 25 August 2008.
	Exhibit C.  Letter, HQ AFPC/DPSOE, dated 4 September 2008.
	Exhibit D.  Letter, SAF/MRBR, dated 19 September 2008.

                                   								                                   Panel Chair