RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00063 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her selection for promotion to the grade of staff sergeant (E-5) effective 1 October 2001, be reinstated. In addition, her reentry (RE) code of “2X” (first-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program) be changed to “4D” (grade is senior airman or sergeant, completed at least nine years’ Total Active Federal Military Service, and has not been selected for promotion to staff sergeant), so she can return to active duty or join the Air Force Reserve or Air National Guard. _________________________________________________________________ APPLICANT CONTENDS THAT: Her promotion to staff sergeant was withheld, not taken away. She had a pending medical diagnosis prior to her promotion effective date. The physician was unable to complete his research of the diagnosis and she was unjustly forced out of the Air Force during the Date of Separation Rollback Program in 2004, because her reenlistment was denied. Since her discharge, she has been diagnosed with a medical condition by a civilian provider that is comparable with the preliminary diagnosis from her military provider. In support of her appeal, the applicant provides two personal statements and copies of a character reference, promotion reinstatement package, medical documentation, and an information paper concerning Polycystic Ovarian Syndrome (PCOS). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 19 July 1995, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1). She was progressively promoted to the grade of senior airman (E-4) effective 2 January 1998. She was placed in the Weight Management Program (WMP) in January 2001 after a six-month profile for pregnancy expired. She was considered and tentatively selected for promotion to staff sergeant during cycle 01E5. She received a promotion selection number which would have incremented on 1 October 2001. In September 2003, she received a Letter of Reprimand and had an Unfavorable Information File established for failure to maintain Air Force weight and body fat standards. On 26 September 2001, she was notified that her commander was withholding her promotion to staff sergeant in accordance with Air Force Instruction 36-2502, after her second unsatisfactory weigh-in on 27 September 2001. She remained ineligible for promotion consideration for cycles 02E5 and 03E5 based on her continued failure to maintain weight/body fat standards. She was ineligible for promotion consideration for cycle 04E5 based on her denial/non-selection for reenlistment. These actions led to her placement in Reenlistment Eligibility Code “3B” (first or second term or career airman ineligible to reenlist, ineligibility condition no longer exists). On 22 March 2004, she received notification that her Enlisted Performance Report for the period 2 August 2003 through 27 February 2004 was referred due to her not meeting fitness standards. On 2 April 2004, her supervisor initiated an AF Form 418, Selective Reenlistment Program Consideration, not recommending the applicant for reenlistment, citing her failed fitness status in the almost three year enrollment in the Weight Body Fat Management Program (WBFMP). On 4 April 2004, her commander concurred with the recommendation and non-selected the applicant for reenlistment. The applicant acknowledged the commander’s decision on 6 April 2004 and indicated her intent to appeal; however, she did not turn in an appeal by the established appeal date. The applicant was discharged effective 9 December 2004 with a separation code of “JBK” (completion of required active service) and an RE code of “2X.”. She served 9 years, 4 months, and 21 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denying the applicant’s request to change her RE code. DPSOA states the applicant has provided no evidence of error or injustice; nor did she provide any evidence to support a change to her RE code. The complete DPSOA evaluation is at Exhibit C. AFPC/DPSOE defers to the recommendation of DPSIMC (office of primary responsibility for the WBFMP). Should the Board find in favor of the applicant’s request regarding reinstatement of her line number and give her a favorable reenlistment code, they could direct, if and when she reenters active duty, that her grade be senior airman with a projected promotion to staff sergeant with a date of rank of 1 October 2001. Since the applicant never attended Airmen Leadership School before discharge, her promotion would need to be placed in a “withhold” status pending completion of Professional Military Education. The complete DPSIM evaluation is at Exhibit D. AFPC/DPSIM indicates that due to the applicant’s failure to submit sufficient documentation from her WBFMP file, they assume the WBFMP was administered in accordance with Air Force Instruction 40-502. The complete DPSIM evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 26 June 2009, for review and comment within 30 days (Exhibit F). As of this date, this office has received no response. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the applicant’s request for reinstatement of her promotion to staff sergeant and a change in her reentry code. The BCMR Medical Consultant finds insufficient evidence to support or justify a change in the applicant’s reentry code. With regard to her request for restoration of her promotion to staff sergeant, the BCMR Medical Consultant acknowledges there has been an appearance of irregularities committed; however, unless the applicant is allowed to resume her military service via a change in reentry code, restoration of her rank would serve no measurable purpose. The complete BCMR Medical Consultant evaluation is at Exhibit G. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the BCMR Medical Consultant evaluation was forwarded to the applicant on 18 September 2009, for review and comment within 30 days (Exhibit H). As of this date, this office has received no response. _________________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case, and while we conclude there may have been some questions concerning the timeline of events relevant to the applicant’s weigh-ins under the WMP, we are not convinced her commander’s decision to not select her for reenlistment or the subsequent RE Code given at the time of her discharge were inappropriate. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material 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. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 1 December 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered for AFBCMR Docket Number BC-2009-00063: Exhibit A. DD Form 149, dated 9 Dec 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 9 Mar 09. Exhibit D. Letter, AFPC/DPSOE, dated 18 Jun 09. Exhibit E. Letter, AFPC/DPSIM, not dated. Exhibit F. Letter, SAF/MRBR, dated 26 Jun 09. Exhibit G. Letter, BCMR Medical Consultant, dated 14 Sep 09. Exhibit H. Letter, SAF/MRBR, dated 18 Sep 09. Panel Chair