AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: . 

DOCKET NUMBER: 97-02071 
COUNSEL:  None 

HEARING DESIRED:  NO  AUG 14 1998 

APPLICANT REOUESTS THAT: 

His grade of senior airman (SRA) be restored to its original date 
of rank  (DOR) of 20 July 1993. 

APPLICANT CONTENDS THAT: 

A thoughtless application of the bare measurements alone of  the 
Weight  Management  Program  (WMP) stated he was  over  fat when he 
has always appeared fit and slim. He has obtained one of the most 
impressive  physiques  in  his  whole  squadron.  He  was  over  his 
maximum  allowable weight  (MAW) only  one  time.  He  should  never 
have  been  reduced  in  rank.  An  administrative  discharge  board 
voted to retain him, even though he had  failed the measurements 
five times.  The board's findings show that the WMPIs standards 
don't accurately measure the way he is individually made. 
Applicant's complete submission is attached at Exhibit A .  

STATEMENT OF FACTS: 
Applicant entered active duty on 20 July 1990 and was promoted to 
SRA on 20 July 1993. He reenlisted on 17 August 1993 for a period 
of six years,. 
He was entered into the WMP on 15 June 1995, weighing 227 lbs and 
having a body fat measure  (BFM) of 25%; his allowable BFM for his 
age group was  20%.  On  22  August  1995,  he  received a Letter of 
Reprimand  (LOR) for unsatisfactory progress. He received two more 
LORs  on  25  September and  26  December  1995,  which  were  entered 
into  an  unfavorable  information  file  (UIF).  He  received  a 
referral Enlisted Performance Report  (EPR) on 3 January 1996  for 
failure  to  satisfy  a  just  debt  and  failure  in  the  WMP.  He 
received another referral EPR on 10 May  1996  for failure in the 
WMP.  He  was  recommended  for  discharge  on  29  May  1996,  and 
recommended for administrative demotion on 6 June 1996.  At that 
time he weighed 218 l b s   and had a BFM of 21%. 

Applicant  was administratively demoted from SRA  to airman first 
class (AlC) on 24 June 1996. 
An  administrative  discharge  board  convened  on  7 August  1996 
because  of  applicant's multiple  overdue AAFES  Deferred  Payment 
Plan  (DDP) payments and his unsatisfactory progress in the WMP. 
Although  the  board  found  that  he  did  have  multiple  overdue 
payments and did have five unsatisfactory periods in the WMP, the 
board recommended the applicant be retained. 
On  9  December  1996,  applicant  requested  that  his  commander 
restore  his  rank  of  SRA;  however,  his  request  was  denied  on 
10 December 1996. 
Applicant  was  promoted  to  SRA  effective  and  with  a  DOR  of 
24 February  1998.  Because  he  has  more  than  9  but  less  than  15 
years  and  has  not  yet  attained  the  grade  of  staff  sergeant 
(SSgt) ,  he  reaches  High  Year  Tenure  (HYT)  in  July  2000.  He 
currently has a date of separation (DOS) of 16 August 1999, which 
is the end of his term of enlistment. 

A resume of his performance reports follows: 

PERIOD ENDING 
29 Mar 92 
29 Mar 93 
3 Jan 94 
3 Jan 95 
3 Jan 96 
10 May 96 
10 May 97 
10 May 98 

OVERALL EVALUATION 

3 
4 
3 
5 
2  (Referral) 
2  (Referral) 
4 
4 

AIR FORCE EVALUATION: 

The NCOIC, Commander's Programs Branch, HQ AFPC/DPSFC, reviewed 
this  appeal  and  states  that  the  circumferential  measurement, 
mandated by  the Department of Defense, is the technique used by 
orderly room weight managers to perform the BFM.  AFI 40-502, T h e  
Weight  Management  Program,  allows  commanders  to  select  an 
appropriate administrative action  from the  third unsatisfactory 
list---administrative demotion being  an  action  a  commander can 
take.  Denial is recommended. 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

2 

97-0207 1 

The  Chief,  Inquiries/AFBCMR  Section,  HQ  AFPC/DPPPWB,  also 
evaluated  this  case  and  indicates  that  the  commander did  not 
concur  with  the  applicant's  request  to  reinstate  his  former 
grade, her reason being that prior administrative actions failed 
to get his attention and it was only after he was demoted that he 
started  complying  with  the  WMP.  The  author  defers  to  the 
commander's decision. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
Complete  copies  of  the  evaluations  were  forwarded  to  the 
applicant on 17 November 1997  for review and comment within 30 
days.  As  of this date, no response has been  received by  this 
off ice. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2 .   The application was timely filed. 
3 .   Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  to 
warrant granting partial relief. The applicant requests that his 
original SRA  DOR of  20 July 1993 be  restored. We  note  that on 
10 December  1996, the  commander refused  to  restore  applicant's 
rank  of  SRA  (applicant has  since regained it  but  with  a  later 
DOR) ,  indicating that prior administrative actions had failed to 
get his attention and he started complying with the WMP  standards 
only after he had been demoted.  We  agree with the commander's 
valid  rationale for denying applicant's request. The  applicant 
had five unsatisfactory periods while in the WMP, receiving three 
LORs,  two  referral  EPRs,  and  a  recommendation  for  discharge 
before he began to comply with Air Force standards. The applicant 
argues  that  he  ''always appeared  fit  and  slim"  and  the  WMP 
standards were unjustly applied, but he has provided insufficient 
evidence to justify waiving the weight/body fat standards in his 
case. Therefore, applicant's request for his original SRA DOR is 
denied. 

4. Notwithstanding  the  above, we  note  that  the  administrative 
discharge  board  felt  the  applicant  was  worth  saving  and 
recommended  he  be  retained.  However,  he  will  not  be  able  to 
remain in the Air Force much longer unless he makes SSgt before 
his  HYT.  Because  of  his  demotion  and  his  current  SRA  DOR  of 
24 February  1998, he  has  o n l y   one  chance, in  cycle  9935, to 

3 

97-02071 

. 

achieve that goal.  Since the applicant has met the WMP standards 
and  appears  sincere  in wanting  to  remain in  the Air  Force, we 
believe he  should not  continue to pay  the penalty  for his past 
mistakes.  He  just  missed  being  eligible  for  promotion 
consideration  by  the  9835  cycle  because  of  his  current  DOR. 
Changing his DOR  to  1 February 1998 would make  him  eligible to 
study, test, and  be  given  supplemental promotion  consideration 
for  that  cycle.  This,  we  believe,  would  afford  him  a  more 
reasonable opportunity to make SSgt before his HYT. Therefore, we 
recommend his records be corrected as indicated below. 

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 senior airman effective and with a date of rank 
of 1 February 1998. 
It  is  further  recommended  that  he  be  provided  supplemental 
consideration for promotion to the grade of staff sergeant for all 
appropriate cycles beginning with cycle 9835. 
If  AFPC  discovers  any  adverse  factors  during  or  subsequent  to 
supplemental  consideration  that  are  separate  and  apart,  and 
unrelated  to  the  issues  involved  in this application, that would 
have  rendered  the  individual  ineligible  for  the  promotion,  such 
information will  be  documented  and  presented  to  the  board  for  a 
final  determination  on  the  individual's  qualification  for  the 
promotion. 

If  supplemental promotion  consideration  results  in  the  selection 
for promotion to the higher grade, immediately after such promotion 
the records shall be  corrected to show that he was promoted to the 
higher grade on the date of  rank  established by  the  supplemental 
promotion  and  that  he  is  entitled  to  all  pay,  allowances,  and 
benefits of such grade as of that date. 

The following members of the Board considered this application in 
Executive Session on 11 and 26 June 1998, under the provisions of 
AFI 3 6 - 2 6 0 3 :  

Mr. Thomas S. Markiewicz, Panel Chair 
Mr. Robert W. Zook, Member 
Ms. Olga M. Crerar, Member 

All  members  voted  to correct the  records, as recommended.  The 
following documentary evidence was considered: 

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97-0207 1 

Exhibit A.  DD Form 149, dated 8 Jul 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit  C.  Letter, HQ AFPC/DPSFC, dated 20 Aug 97. 
Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 22 Aug 97, w/atchs. 
Exhibit E.  Letter, AFBCMR, dat-7 

Nov 97. 

EWICZ 

5 

97-0207 1 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-02071 

AUG 1 4  1998 

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: 

artment of the Air Force relating to- 
to show that he was promoted to the grade of 
of 1 February 1998. 

It is M e r  directed that he be provided supplemental consideration for promotion to the 

grade of staff sergeant for all appropriate cycles beginning with cycle 98E5. 

If AFPC discovers any adverse factors during or subsequent to supplemental consideration 

that are separate and apart, and unrelated to the issues involved in this application, that would 
have rendered the individual ineligible for the promotion, such information will be documented 
and presented to the board for a final determination on the individual's qualification for the 
promotion. 

If supplemental promotion consideration results in the selection for promotion to the higher 

grade, immediately after such promotion the records shall be corrected to show that he was 
promoted to the higher grade on the date of rank established by the supplemental promotion and 
that he is entitled to all pay, allowances, and benefits of such grade as of that date. 

L/  Director 

W 

Air Force Review Boards Agency