RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03988 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her rank of Staff Sergeant (SSgt/E-5) be reinstated. APPLICANT CONTENDS THAT: She spoke to American Legion Members who told her Air Force weight standards are continually changing and had changed after she was discharged for not maintaining the proper weight. She would have been able to complete her 20-year enlistment had the standards been modified while she was still serving. Additionally, the chow hall and medical facility never offered low-calorie meals. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 29 Jan 81, the applicant entered the Regular Air Force. On 15 May 85, she entered into the Air Force Weight Management Program (WMP) and was expected to lose three pounds per month. On 22 Jul 85 and 20 Aug 85, she received Letters of Reprimand (LORs) for failing to make satisfactory progress on the WMP. On 3 Sep 85, her supervisor vacated her appointment as a non- commissioned officer. On 23 Sep 85, she received an LOR for failing to make satisfactory progress on the WMP. On 11 Oct 85, Special Order AA-75 demoted the applicant from Senior Airman to Airman First Class with a new date of rank of 14 Sep 81. On 21 Nov 85, her commander recommended she be discharged under the provisions of AFR 39-10, Airman Separation Manual, paragraph 5-26f, for unsatisfactory performance by exceeding weight standards. She waived her right to consult counsel and submit statements. On 4 Dec 85, the Staff Judge Advocate found the separation action legally sufficient. On 11 Dec 85, the applicant received an honorable discharge. AIR FORCE EVALUATION: AFPC/DPSOE recommends denial indicating there is no evidence of an error or an injustice. The applicant contends she would not have been demoted/discharged under weight policy standards that were in affect after her separation. This contention is irrelevant as airmen must be held to standards and policies in affect at the time they are serving on active duty. The applicant’s commander acted within his authority and according to policies in affect at the time when he decided to demote her for failure to maintain weight standards. In accordance with AFR 39-30, Administrative Demotion of Airmen, 30 Jul 76, paragraph 3h., commanders may demote airmen for failure to maintain weight within the ranges prescribed in AFM 160-1, attachment 1 (weight table), for airmen who have been placed in a remedial weight control program according to AFR 50- 49, and who have failed to demonstrate their ability and willingness to attain their medically prescribed weight. The complete DPSOE evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by providing copies of a case study in environmental medicine on jet fuel toxicity, a Department of Veteran’s Affairs claim statement, and a medical evaluation from a neurology staff physician. The complete APPLICANT review is at Exhibit D. 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. We took notice of the applicant’s complete submission, including her rebuttal documents, 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 its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While we acknowledge the applicant’s request to have her Staff Sergeant rank reinstated due to current weight management program standards, this board notes that standards in effect during the applicant’s service were the standards to be adhered to by all Air Force service members at that time. Because of this, we do not believe the applicant has demonstrated evidence of an injustice, as compared to others in her similar situation. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03988 was considered: Exhibit A. DD Form 149, dated 20 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOE, dated 26 Nov 14. Exhibit D. Letter, Applicant, undated.