Y 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-02235 

COUNSEL:  None 

HEARING DESIRED:  Yes 

APPLICANT REUUESTS THAT: 

He be retired in the grade of master sergeant. 

APPLICANT CONTENDS THAT: 

He  served  in the  grade  of  master  sergeant  for more  than three 
He believes that he has earned retirement in that grade. 
years. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

The applicant  is currently serving in the Regular Air  Force in 
the grade of technical sergeant. 

On  27 October  1994, after  being  medically  evaluated, applicant 
was entered into Phase I of the Weight Management Program  (WMP). 
He weighed  187% pounds, with a body  fat measurement  (BFM) of  32 
percent.  His maximum allowable weight  (MAW) was 172.75 and his 
maximum  body  fat was  24 percent  for men  30 years or older.  He 
was  65.75  inches  in height.  Satisfactory progress  in  the WMP 
requires  that  a  male  lose  1 percent  body  fat  per  month  or  5 
pounds per month. 
Between his entry on the WMP and 28 October 1996, applicant had 
four  unsatisfactory  BFM  for  which  he  received  the  following 
administrative action: 

25 September 1995, Letter of Counseling: Gained 3 pounds and 

gained 6 percent body fat. 

21  December  1995,  Letter  of  Reprimand  and  Unfavorable 
Information File  (UIF) established: gained 3 pounds and gained 2 
percent body fat. 

2 9   February 1 9 9 6 ,   Letter of Reprimand and UIF: lost %  pound 

and gained 1 percent body fat. 

9 7 - 0 2 2 3 5  

2 8   October  1 9 9 6 ,   Initiation of  demotion  action: gained  5 

Air  Force  Weight  Management  Program. 

pounds and gained 3  percent body fat. 
On  14  November  1 9 9 6 ,   applicant  was  notified  by  his  squadron 
commander  of  his  intent  to  recommend  to  the  wing  commander 
demotion action against him.  The specific reasons for the action 
was his failure to maintain body fat standards as outlined in AFI 
Appl i cant 
4 0 - 5 0 2 ,  
acknowledged receipt  of  the  notification  and  nonconcurred with 
the  proposed  action.  He  submitted written  matters  in his  own 
behalf, consulted with counsel and waived a personal hearing. 
Applicant's  demotion  to  technical  sergeant  was  approved  on 
9  December 1 9 9 6 .   He appealed the action; however, on 18 December 
1 9 9 6 ,   the demotion authority approved the demotion. 
EPR profile since 1 9 9 4   reflects the following: 

PERIOD ENDING 

OVERALL EVALUATION 

0 4   Jun 9 4  
04  Jun 9 5  
0 4   Jun 9 6  
0 4   Jun 9 7  

4 
5 
5 
4  (Ref) 

Applicant  has an approved retirement date of  31 January 1 9 9 8   in 
the grade of technical sergeant.  He served a total of  2 0   years 
and  1 9   days  of  active  service.  In accordance  with  Title  10, 
United States Code, Section 8964,  applicant will be  advanced to 
the grade of master sergeant on 1 2   January 2008, which was  the 
highest grade he satisfactorily held on active duty. 

AIR FORCE EVALUATION: 

The NCOIC, Commander's Program Branch, AFPC/DPSFC, reviewed this 
application and states that the WMP  is a rehabilitative program 
designed  to  encourage  safe,  effective  weight  loss/body  fat 
reduction, and  closely  replicates  proven  civilian  weight  loss 
programs.  Individual's who  allow themselves to exceed  the MAW 
standard are subject to administrative actions that may  reflect 
during  and  after  their  career. 
Administrative  actions  may 
consist  of  counseling,  reprimands,  denial  of  promotion,  and 
ultimately  involuntary separation.  These  actions  support  good 
order  and  discipline  necessary  for  a  strong  military  force. 
Based  on  the  evidence  provided,  they  recommend  denial  of 
applicant's request. 
A  complete copy of the evaluation is attached at Exhibit C. 

97-02235 

The  Retirement  Ops  Section,  AFPC/DPPRR,  also  reviewed  this 
application and states that applicant is correctly projected  to 
retire in the grade of technical sergeant, which is the grade he 
is  holding  on  the  date  of  his  retirement. 
There  is  an 
advancement  statement  an  applicant's  retirement  order  which 
advances him to the highest grade satisfactorily held at the 30- 
No  irregularities  or  injustices  were  discovered 
year  point. 
while  reviewing  the  applicant's  retirement  actions. 
They 
recommend denial of applicant's  request. 

A complete copy of their evaluation is attached at Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
On  27  October  1997,  copies  of  the  Air  Force  evaluations  were 
forwarded  to  the  applicant  for  review  and  response  within  30 
days.  As  of  this date,  no response has  been  received by  this 
office. 

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 probable error or injustice.  After 
reviewing  the  evidence  submitted  with  this  appeal, we  are  not 
persuaded  that  the applicant should be  retired in the grade  of 
master sergeant.  It appears that the commander used the correct 
rehabilitative measures that were available to help the applicant 
make  satisfactory  progress  in  the  Weight  Management  Program 
(WMP) . 
Individuals  who  allow  themselves  to  exceed  their 
allowable weight are subject to administrative actions that may 
negatively  affect their careers.  Therefore,  in the  absence  of 
persuasive  evidence  that  the  applicant's  failure  to  maintain 
weight  standards  resulting  from  factors  over  which  he  had  no 
control, 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  issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered. 

J 

97-02235 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  probable  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 13 January 1998, under the provisions of AFI 
36-2603: 

Mrs. Barbara A. Westgate, Panel Chair 
Mr. Robert W. Zook, Member 
Mr. Allen Beckett, Member 

-- 

. 

_I  

.-  -- 

_I 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 9 July 1997, w/atchs. 
Exhibit B.  Applicant's Master Personnel Recozds. 
Exhibit C.  Letter, AFPC/DPSFC, dated 7 Oct 97. 
Exhibit D.  Letter, AFPC/DPPRR, dated 15 Oct 97. 
Exhibit E.  Letter, AFBCMR, dated 27 Oct 97. 

BARBARA A. WESTGAT# 
Panel Chair 

4 

b 

e 

1 

h _- 

c 

DEPARTMENT OF T H E  AIR  FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE TEXAS 

MEMORANDUM FOR  SAFMIBR 

* 

FROM:  HQ AFPCDPSFC 

550 C Street West, STE 37 
Randolph AFB TX 78 150-4739 

SUBJECT:  A 

lication for Correction of Military Records - 

Requested Action:  The applicant requests he be reinstated to the rank of Master 

Sergeant and pay grade of E-7 on retirement. 

Basis for Request:  The applicant contends since he served in the rank of Master 

Sergeant for more than 3 years and that he earned retirement at that grade. 

Discussion:  Maintaining Air Force weight standards is an individual responsibility. 
Exceeding Air Force weight standards increases a person’s risk of serious health problems, 
thereby impacting on the individual’s and the Air Force’s mission readiness. 

Commanders make every effort to assist individuals in their quest to maintain their 
weight and body fat standards.  A medical evaluation, diet counseling(s), 90-day exercise 
program, and monthly checks are provided as rehabilitative support for individuals who exceed 
weight and body fat standards.  It is never an easy decision for commanders to take 
administrative action against a member of their organization, and is only done as a last recourse. 
Outstanding performance of duty, while commendable, does not justify a waiver of weight 
standards. 

The WMP is a rehabilitative program designed to encourage safe, effective weight 

losshody fat reduction, and closely replicates proven civilian weight loss programs.  Individual’s 
who allow themselves to exceed the Maximum Allowable Weight (MAW) standard are subject 
to administrative actions that may reflect during and after their career.  Administrative actions 
may consist of counseling, reprimands, denial of promotion, and ultimately involuntary 
separation.  These actions support good order and discipline necessary for a strong military force. 

Commanders perform random weigh-ins and ensure all personnel within their 
organization are weighed or body fat measured at least once a year.  In addition to this, 
commanders are required to perform weight or body fat measurements or both during changes in 
status such as PCSPCA, promotions and appointments, TDY and reenlistments.  The 

... 

2 
circumferential measurement, mandated by the Department of Defense, is the technique used by 
orderly room weight managers to perform the body fat measurement. 

Facts:  Member was enrolled in the W M P  on 27 Oct 94 at 32 percent body fat.  This was 

eight percent over the standard body fat measurement for his age group.  Member failed to lose 
the required 5 pounds or 1 percent body fat on following four separate occasions resulting in the 
commander taking the following administrative actions: 

19 Sep 95 - Letter of Counseling 
21 Dec 95 - LOR  and established an Unfavorable Information File (UIF) 
29 Feb 96 - LOR and UIF 
28 Oct 96 - Demotion to Technical Sergeant effective 9 Dec 96 
Recommendation:  Deny request.  AFI 40-502, The Weight Management Program, 

Table 1, allows commanders to select appropriate administrative actions for failure in the WMP. 

D E P A R T M E N T  O F  T H E  AIR  FORCE 

H E A D Q U A R T E R S   AIR  F O R C E   P E R S O N N E L  C E N T E R  

R A N D O L P H   AIR  F O R C E   B A S E  T E X A S  

15 Oct 97 

MEMORANDUM FOR SAF/MIBR 

FROM:  HQ AFPC/DPPRR 

550 C Street West, Suite 11 
Randolph AFB TX 78 150-47 13 

SUBJECT:  Application for Correction of Military Records 

Requested Action.  The applicant is requesting to be reinstated to the rank of 

master sergeant and pay grade of E-7 on retirement. 

Basis for Request.  The applicant contends since he served in the rank of master 

sergeant for more than 3 years, he deserves to be retired in that grade. 

Facts. 

a.  The applicant was demoted to the grade of technical sergeant effective 

and with a date of rank of 9 Dec 96 (Atch 1).  Applicant failed to make satisfactory 
progress in the Weight Management Program and administrative demotion action was 
initiated in accordance with AFI 36-2503, Administrative Demotion of Airman. 

b.  The applicant applied for retirement to be effective 1 Feb 98 (Atch 2). 
Section 8961, Title 10, United States Code, (Atch 3) states:  “Unless entitled to a higher 
retired grade under some other provision of law a regular or reserve of the Air Force who 
retires other than for physical disability retires in the regular or reserve grade that he 
holds on the date of his retirement.”  In the applicant’s case, the grade is technical 
sergeant. 

c.  The applicant’s retirement order, DAFSO AC-014238, 15 Aug 97 

(Atch 4), reflects he will be relieved from active duty on 3 1 Jan 98 and retired 1 Feb 98 
with 20 years, 05 months, and 23 days for basic pay and 20 years, 00 days, and 19 days 
active service for retirement in the grade he holds on the date of retirement - technical 
sergeant.  It also reflects that applicant served in the grade of master sergeant as the 
highest grade held on active duty.  There is indication on the retirement order that 
applicant will be advanced to the grade of master sergeant on 12 January 2008.  This 
action is correct as member was approved for advancement by the Secretary of the Air 
Force on 6 Aug 97 (Atch 5).  This action is in accordance with Section 8964, Title 10, 
United States Code (Atch 6), which provides for enlisted members to be advanced (when 
their active service plus service on the retired list totals 30 years) on the retired list to the 

highest grade in which they served on active duty satisfactorily as determined by the 
Secretary of the Air Force. 

Recommendation.  Denial.  Applicant is correctly projected to retire in the grade 

of technical sergeant, which is the grade he is holding on the date of his retirement. 
There is an advancement statement on applicant’s retirement order which advances him 
to the highest grade satisfactorily held at the 30-year point.  No irregularities or injustices 
were discovered while reviewing the applicant’s retirement actions. 

P 

,,.’  Retirement Ops Section 

u‘  Directorate of Personnel Program Management 

Attachments 
1.  Special Order AA-00 1 , 24 Dec 96 
2.  AF Form  1160, 11 Jun 97 
3.  Title 10, U.S.C., Section 8961 
4.  Retirement Order AC-014238, 15 Aug 97 
5.  SAF Personnel Council Memo, 6 Aug 97 
6.  Title 10, U.S.C., Section 8964 

No orders w e n  published  in this serks in FY 96 

DEPARTMENTOF THE AIR FORCE 
78TH MISSION SUPPORT SQUADRON 

ROBINS AIR FORCE BASE GEORGIA 31098-2232 

SPECIAL ORDER 

24 Dec 96 

Technical Sergeant effective and with a date of rank of 9 Dec 96.  AUTHORLTY:  AFI  36-2503. 

FOR THE COMMANDER 

--- 
NCOIC. Enlisted Promotions 

- 

, 

D ISTR LB UTI0 N 
1 - DPMPZ 
1 - DPMPE 
1 - DPMPS 
1 - UNIT 
1 - MEMBER 
1-HQAFPC 

PEiUlISSIVE  TDY/TERMINAL LEAVE  START  DATE: 
DUTY PHONE: 
FUTURE  MAILING ADDRESS 

lONOV97 

I  UNDERSTAND  THAT  1  WST  CONTACT-45 
D A T E   TO  SCHEDULE  XY  OUTPROCESSING  AND  S B P   B R I E F I N G .  
ATTE.YD  A  R E T I R E X E N T   BRIEFING  HLT  90 DAYS  P R I O R   TO  !fY  LEAVE. 
ARE HELD  THE  1ST  FRIDAY  OF  EACH  XONTH,  0900  HRS, BLDG  905,  ROOM  240. 

DAYS  PRIOR  TO  MY  LEAVE  START 
I  ALSO  UNDERSTAND  THAT  I  X U S T  

RETIREMENT  B R I E F I N G S  

ENGTH  OF  SERVICE 

1490 

reti- 

rervice:  volunta 
e commiseioned %cera 
ng whether  an ofiicer  of  the 
In  8911, 8918, or 8924 of  this 
.1 by adding- 
ed  as a member of  the Army 
r  Marine  Co  s that  ma  be 
tility of  an o f? icer ofthe Javy 
ng  whether  a  medical  officer 
red  under  section  8911, 8918, 
vice  are corn  uted  by  adding 
-geon,  or  contract  physician, 
Id  to take and change station 
fig whether  a  dental officer  of 
1 under  section  8911, 8918, or 
c  arc  cornputed  by  adding  to 
mice as a contract dental sur- 

'1  service pe K ormed  as a  con- 

459.  P L 86-197,  f lt8). 73  Stat  426,  Nov 
17(a), Dec.  12, 1980, 94 Stat. 

01(1), Aug. 21, 1957, 71 Stat. 

y :  law applicable 
-ed  under  this chapter is enti- 
inpter 871 of  this title. 

I 

CHAPTER 869-RETDRED  GRADE 

Higher p a d o  for remice in rpecial poritionn. 

or grade l i b r  30  yean of M M ~ :  warrant officers and snhted mem- 
Yr8. 
hotomtion  b former  grade:  retirad warrant  ollicen  and  enlhted  mcm- 
kn. 
Retirsdlhtr. 

sec. 
8961.  Qeosnl rule. 
8962. 
18963.  Rspedd.1 
8964. 
8965. 
8966. 
0 8961.  General rule 
(a) The  retired  grade of  a  regular  commissioned officer of  the 
Air Force who retires other than for physical disability, and the re- 
tired  grade of  a reserve commissioned officer of  the Air  Force who 
retires  other than for physical  disability or for  nonregular  service 
under  chapter  1223 of  this title, is determined under section  1370 
of this title. 
(b) Unless entitled  to  a higher retired grade under some other 
rovision of  law, a Regular or Reserve of the h r  Force not covered 
gy  subsection  (a) who  retires other  than  for  physical  disability  re- 
tires  in  the regular  or  reserve grade  that he  holds  on  the date of 
his retirement. 
(Aug. 10,  low, dL 1041.  7oA mat. SM; Da. 13,  1980, P.L.  OBdlS,  ~Sotcl9). 94 stat. 2917; 
Oa. 6,199(. P.L 105-837,t 1674(cS), 108 SUI.  8018.) 
0 8962.  Higher grade for rervice in rpecial poeitionr 

(a) Upon retirement,  a  commissioned  officer  of  the Air  Force 
who has served  (1) as Chief of  Staff to  the President,  (2) as Chief 
of  Staff of  the Air  Force,  (3) as a  senior  member  of  the  Mllitary 
Staff Committee of  the United  Nations, or  (4)  as Surgeon General 
of  the Air Force in the grade of lieutenant  general may, in  the dis- 
cretion of the President, be retired, by and with the advice and con- 
sent of  the Senate, in  the highest  grade in which  he served on  ac- 
(b) duY7 pon  retirement,  any permanent  professor  of  the  United 
tive 
Stabs Air Force Academy whose grade is below  brigadier  general, 
and  whose  service  a~ such  a  professor has  been  long  and  distin- 
guished,  may, in the discretion of  the President,  be  retired  in  the 
grade of brigadier general. 
(Aw.  10, 1960. eh. 1041. 7OA  Stat. 664; 9.p 2.  1968. P.L. OlL861,  1(197), 73 9t.t.  1641; Oct. 
12.1966, PL. @-111O.i6,79  Stat.  1060; &pr.  8, 1980. P.L. 96-343,  I13(bXl), (2).  94  StaL  1191; 
b e  12.1980, PL. Owls, I 504(20), 01 Stat. 3917.) 

1481 

c 

' 

tlE-PAFTMEtJT  OF  THE:  A ! k   FORCE 

'clA5t.f I NG TON 

15  AUG  97 

19 

23 

.  -.-. 
. .- _. . 

L  '._ . I... 

. 

DEPARTMENT O F  THE AIR  FORCE 

, 

WA*HINCTON  DC 

L 
Y 

6 AUG 1997 

A C T I O N  

of the 

SECRETARY OF THE AIR FORCE 

The  Secretary of  the Air Force finds Technical  Sergeant (E-6) 
served satisfactorily  in  the  higher 
grade of  Master Sergeant (E-7) within the meaning of  Section 8964, 
Title  10, United States Code, and directs the member% advancement 
to that grade on the Retired List effective the date of completion of 
all required service. 

W 
SAF Personnel Council 

Director 

---7 

4 7 0 a 3 5 -  

CH.  069-RETlRED 

I. 8963 
1492 
[O 8963.  Repealed, P L  B9-145,O lSOl(d)<2M,A), Nov. 8,1085,W 
08064. Higher grade d e r  30 years of rervice: wamant  om- 

Stat. 7361 

6RAM 

cere and enlisted members 

(a) Each retired member of the Air  Force covered by subsection 
(b) who is retired with less than 30 years of  active service is enti- 
tled, when his active service plus his  eervice on the retired list to- 
tale  30 years,  to  be  advanced  on  the  retired  list  to  the  highest 
grade in  which  he  served  on  active duty  satisfactorily  (or, in  the 
caae  of  a  member  of  the  National  Guard,  in  which  he  served  on 
full-time duty satisfactorily), as determined by the Secretary of  the 
Air  Force. 

(b) This section ap  lies to- 

(1) warrant o # icers of  the Air  Force; 
(2) enlisted members of the Regular Air  Force; and 
(3) reserve enliated members of  the Air  Force who  at the 
time of  retirement, are serving on  active duty (or, in the case 
of members of the National Guard, on full-time duty). 

mug  10, 1966. ch 1041, 7OA  Stat  666,  Se  2.  1968, P L  86-881. tlCloeA3, 72 Stat  lM1. 
PL. 96626. # W e ) ,  Oct. 19,1O(u, W Stat. &!& Dw 4.1981, PL. lOtL1M). t6l#c),  101 Stat 
1090.) 
4 896s.  Redoration to former grade: retired warrant omcers 

and enlisted members 

Each  retired  warrant  officer  or  enlisted  member  of  the  Air 
Force  who haa  been advanced  on  the retired  liat  to a higher com- 
miasioned  grade under  section  8964  of  thia  title,  and who  appliea 
to the Secretary of  the Air Force within three months aRer h a  ad- 
vancement, shall, if  the Secretary a  proves,  be reetored on the re- 
tired  list  to  his former  warrant-o !I! cer  or  enlisted  status,  aa the 
c a e  may be. 
Mug  10,  1966, ch  1041,70A Stat. 666, [kc  4,  1987, P L 10&180,i  61XdX3, 101 Stat. 1090 ) 
0 8966.  Retired lists 

(a) The Secretary of  the Air  Force shall maintain a retired liat 
containing  the  name  of  each  retired  commissioned  officer  of  the 
Regular Air Force. 
(b> The Secretary shall  maintain  a  retired  list containing  the 
name of- 
rson  entitled  to retired  ay under  any law  pro- 

each 8" pa  for  commissioned o K icers  of  the  Air  Force, 

viding (l) retire 
other than of the%egular  Air Force; and 
(2) each  retired  warrant officer or enlisted member  of  the 
Air Force who ia advanced to a commissioned grade. 
(e) The Secretary shall  maintain  a  retired  list  containing the 
(d) "he Secretary shall maintain  a  retired  list  containing the 

name of each retired warrant officer of the Air Force. 
name of each retired enlisted member of the Regular Air  Force. 

10 1966 h 1041 70A Stat  666  Sept  2  1968. P L 86861.0 l(199). 72 Stat  1641, Du. 
k L  lbO-l80,Obl#dX3), 101 Stat. I& 

) 

?%7. 

CHAPTER 871FOMPU'l 

Computation of retired pay. 

sec. 
8991. 
8992.  Recomputation of retired pay Lo 
B 8991.  Computation of retired 
(a) COMPUTATION.- 
(1) F o m . - T h e   mon 
tled  to such pay  under  thia 
ing- 
(A) the member's  re 
section 1406(e) or 1407 c 
(B) the  retired  paj 
1409 of  this title  for th 
member under section 11 
(2)  ADDITIONAL 10  PERC 
BERS CREDlTED  WITH EXTRAi 
who ia retired under section 
by  the Secretary  of  the Air 
in the line of  duty, the mem' 
by  10 percent of  the  amoun 
(but to not more than 75  pe 
which the computation  of  st 
retarv'a  determination  aa tc 
sive €or all purposes. 
(b) GENERAL RULES.- 
(1) USE  OF  MOST FAVORA 
otherwise be entitled to retirc 
one  formula  in  subsection  (a 
thie title, he is entitled to be 
that is most favorable to him 
(2) ROUNDING  TO NEXT L 
puted  under  subsection  tal, 
rounded  to the next lower mu 
(Au  10  1966  th  1041, 70A Stat  566.  Iamcni 
d48, i 2 0 4 1 4  July  1.  1986, 100 Stat  697. I 
I08 Stat  2789.) 

-  . ._