RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02373
		INDEX CODE:  100.06

		COUNSEL:  NONE
	
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be reinstated to the grade of Master Sergeant with all back pay.

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APPLICANT CONTENDS THAT:

One month after her surgery, she received a Leave and Earning Statement which notified her she had been demoted to technical sergeant (E-6) effective 22 August 03.  She was shocked because no one told her the demotion was still going to happen.  Considering her circumstances she should have been told so she could have been prepared.

In support of her appeal, applicant has provided a personal statement and other documents relative to her appeal.

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

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STATEMENT OF FACTS:

The applicant is currently a member of the Washington Air National Guard (WAANG).  The member initially entered the Weight Management Program (WMP) on 31 July 2000 when she failed weight and body fat measurements.  She continued on the program and was unable to make satisfactory progress.  On 5 June 2002, after the 4th failed attempt, she received a notification of intention to demote from her commander.  Her commander suspended the demotion action.  On 3 September 2002, she failed to make satisfactory progress for the 5th time.  Her commander notified her of his intention to demote.  The commander then granted three extensions in order to proceed with medical testing.  On 3 May 2003, she failed to make satisfactory progress for the 6th time and her commander notified her of his intention to demote.  She concurred with the demotion action.  On 21 July 2003, demotion action was submitted to The Adjutant General (TAG) for state SJA review and TAG approval.

On 28 July 2003, she took the new ANG PT test.  She did not pass the body fat portion of the test.  Later that same day, she was hospitalized for severe abdominal pain, which resulted in removal of her colon.

The demotion action was put on hold pending information from her doctor regarding her medical condition and its possible connection to weight loss.  On 15 August 2003, her commander consulted with her doctor and confirmed that the two issues were not connected.  The demotion action was taken off hold and orders were cut on 22 August 2003 demoting her to the rank of technical sergeant.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  The applicant failed to make satisfactory progress on six occasions while on the Weight Management Program.  Her case has been well documented by her organization identifying each step and the action to demote was appropriate.

DPPI’s complete evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagrees with the ANG advisory and states she has always been involved in a fitness program, even before being entered into the Weight Management Program (WMP).  Further, she does not believe her metabolism was working correctly when her colon was cancer-ridden and has attached additional medical documentation to this effect.  She respectfully requests her grade of MSgt be reinstated with full back pay and allowances.  

Applicant’s complete response, with attachments, is at 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and sympathize with her condition; however, the majority of the Board agrees with the opinions and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  She was given every opportunity to succeed, yet was not able to meet weight standards.  It appears that after five warnings from her commander of his intent to demote, he finally garnered her concurrence or understanding of the action and went forward with the demotion only after consulting with medical personnel to ensure her condition was not responsible for her weight.  Therefore, in the absence of evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02373 in Executive Session on 8 March 2005, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the request.  Mr. XXXXXX  voted to correct the record but does not wish to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jul 04, w/atchs. 
    Exhibit B.  Letter, ANG/DPPI, dated 10 Jan 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Jan 05.
    Exhibit D.  Letter, APPLICANT, dated 18 Jan 05, w/atchs.

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			      FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.