AIR FORCE  BOARD FOR  CORRECTION OF  MILITARY REC 

RECORD O F   PROCEEDINGS 

IN THE MATTER OF: 

m7-2 9 1998 

DOCKET NUMBER:  9 7 - 0 3 7 4 3  
COUNSEL:  None 

HEARING DESIRED:  No 

Applicant  requests  that  his  status  be  changed  from  technical 
sergeant  (E-6) to master sergeant  (E- 7)  on the Air Force Retired 
List; that he  recoup the difference in active duty pay  between 
E-6  and E-7  from the  time he  was  demoted on  1 Apr  9 2   until  he 
retired  on  1 Sep  94;  and,  that  he  recoup  the  difference  in 
retirement pay from the time of retirement to present in retired 
pay between E-6 and E- 7.  Applicant's submission is at Exhibit A. 
The appropriate Air  Force offices  evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit C).  The  advisory  opinions were 
forwarded to the  applicant for review and response  (Exhibit D). 
Applicant's response to the advisory opinion is at Exhibit E. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions  stated in the  advisory opinions appear to be  based  on 
the evidence of record and have not been adequately rebutted by 
applicant. 
Absent  persuasive  evidence  applicant  was  denied 
rights  to  which  entitled,  appropriate  regulations  were  not 
followed, or appropriate standards were not applied, we  find no 
basis to disturb the existing record. 
Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  Vaughn  E.  Schlunz,  Mr.  Richard  A. 
Peterson, and Mr.  Patrick R. Wheeler considered this application 
on  29 September  1998  in  accordance  with  the  provisions  of  Air 
Force Instruction 36-2603, and the governing statute, 10,  U . S . C .  
1552. 

VAUGIfN  E. SCHLUNZ 
Panel Chair 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D. 
E.  Applicant's  Response 

AFBCMR Ltr Forwarding Advisory Opinions 

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DEPARTMENT OF T H E  A I R   FORCE 

HEADQUARTERS AIR  FORCE  PERSONNEL CENTER 

RANDOLPH AIR  FORCE  BASE TEXAS 

23 F E 8  1998 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPPWB 

550 C Street West, Ste 09 
Randolph AFB TX 78150-471 1 

Requested Action.  The applicant is requesting his status be changed from TSgt (E-6) to 
his former grade of MSgt (E-7) on the Air Force Retired List, recoup the difference in pay for 
active duty and retired time between E-6 and E-7. 

Reason for Request,  The applicant believes that his demotion to E-6 was due to his 

inability to satisfactorily lose the 2 percent body fat required during that period; however, since 
then, the Air Force changed satisfactory progress to mean the loss of 1 percent body fat or 5 
pounds per month for males.  He contends if he fell under those rules, he would have had a 
satisfactory progress and not been demoted. 

Facts.  The applicant was demoted fiom MSgt to TSgt under the provisions of AFR 39-30, 

para 3D, for failure to maintain his weight within the required Air Force standards.  See 
AFPC/DPSFC, Ltr 17 Feb 98. 

Discussion.  The applicant was demoted per Special Order A-28 
Apr 92.  He was demoted from the permanent grad 

permanent grade of technical sergeant effective and with a date of rank of 1 Apr 92, under the 
provisions of AFR 39-30, paragraph 3D (failure to maintain his weight).  Should the AFBCMR 
grant the request, the effective date and date of rank to master sergeant was 1 Mar 90.  The 
applicant’s case file does not contain a copy of the demotion package.  We would normally 
review the demotion action for compliance with the procedures outlined in AFR 39-30. 
However, the applicant is not questioning the procedural correctness of the demotion action but 
rather the basis for it. 

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Recommendation.  We defer to the recommendation of AFPCDPSFC. 

Chief, InquirizBCMR Section 
Enlisted Prdmotion & Mil Testing Br 

9703743 

. . . . . . . . . . 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS  AIR  FORCE  PERSONNEL CENTER 

RANDOLPH  A IR  FORCE BASE rum 

MEMORANDUM FOR SAFMBR 
FROM:  HQ AFPC/DPSFC 

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

fl 7 FEB 1998 

Requested Action:  The applicant requests his status be changed from Technical 

Sergeant (E6) to Master Sergeant (E-7) on the Air Force Retired List, recoup the difference in 
active duty pay between TSgt and MSgt fiom the time he was demoted on 1 Apr 92 until he 
retired on 1 Sep  1994, and the difference in retirement pay from the time of retirement to present 
in retired pay between E-6 and E-7. 

Basis for Request:  The applicant contends his demotion to E-6 was due to his inability 
lo satisfactorily lose the 2 percent body fat required during that period; however, since then, the 
Air Force changed satisfactory progress to mean the loss of 1 percent body fat or 5 pounds per 
mo:zth  for males.  He contends if he feIl under those rules, he would have had a satisfactory 
progess and not been demoted. 

Discussion:  Maintaining Air Force weight and body fat standards is an individual 
responsibiIity.  Obesity not only detracts fiom a professional military appearance and the 
confidence the public has in their national defense, but according to the NationaI Institute of 
Health (NIH), it is also a dangerous health risk.  NIH reports obesity is as lethal as high blood 
pressure or smoking cigarettes and causes heart attacks, strokes, diabetes, and cancer.  Therefore, 
exceeding Air Torce weight standards increases a person’s risk of serious health problems, 
thereby impacting on the individual’s and the Air Force’s mission readiness. 

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 Air Force body fat standards 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. 

Unit commanders may approve temporary medical deferrals for participants in Phase I of 
the WMP (the active weightbody fat loss phase), when recommended by a medical practitioner. 
Commanders are reqxired to notify individuals who get deferrals that they remain ineligible for 
many career related events, since the temporary medical deferral (weight status code 5) is 
considered Phase I of the WMP.  Individuds with the temporary medical deferral are exempt 

9703743 

. .  . . . .  . . . 

2 

fiom weight checks, body fat measurements and/or pakcipation in an exercise program for the 
duration of the deferral, at which time, a new base line is established and the member continues 
in the program. 

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. 

Facts:  Member was enrolled in the WMP on 26 Feb 91.  Member was noted as failing 
on four separate occasions to lose the required 2 percent body fat resulting in the commander 
taking the following administrative actions: 

24 Jul91 -  Verbal Counseling 
10 Sep 9 1 - LOR (Letter of Counseling) with Unfavorable Information File (UIF) for 

unsatisfactory progress on 19 Aug 91 

19 Nov 9 1. -  Commander directed EPR and Control Roster 
21 Jan 91 -  Demotion to E-6 
Recommendation: Deny request.  Commander’s actions were accurate.  The Interim 
Message Change (IMC) 93-1, to AFR 35-1 1, 5 Feb 91, was not effective until 30 Jun 93.  This 
IMC changed satisfactory progress standards %om  a 2 percent body fat reduction monthly for 
males/females to a 1 percent body fat reduction or 3 PO-md loss for females and a 1 percent body 
fat reduction or 5 pound loss for males.”  It also stipulated,“AIl monthly measurements taken 
prior to receipt of this message under former policy remain valid.” 

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Chief, Commander’s Programs Branch 

,” 

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Attachment: 
IMC 93-1,30 J u ~  93 

9703743 
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HQ AFMPC RANDOLPH AFB TX//DPMA// 
AIG 9411//IMPD/MSIPD/DP/DPM/MSP// 
AIG 8201//SG/SGP/SGA// 

AIG  10607//MSM// 

INFO 

SAF WASHINGTON DC//AAIPSP/uISML// 
HQ USAF WASHINGTON DC//DPXA// 
ANGRC ANDREWS AFB MD//DPAR// 

JNCLAS 

MSG CHANGE 93-1 TO AFR 35-11,  5 FEB 91. 

XJBJ:  INTERIM 
.. THE  FOLLOWING CHANGE'S ARE EFFECTIVE THIS DATE FOR ALL PERSONNEL 
INTERED IN THE WEIGHT MANAGEMENT PROGRAM  (WMP).  SATISFACTORY 
'ROGRESS  STANDARDS ARE CHANGED FROM A  2% BODY FAT REDUCTION MONTHLY 
FOR MALES/FEMALES TO A  1% BODY FAT REDUCTION OR 3 POUND LOSS FOR 
FEMALES AND A 1% BODY FAT REDUCTION OR 5 POUND LOSS FOR MALES.  ALL 
~IONTHLY MEASUREMENTS TAKEN PRIOR TO RECEIPT OF THIS MESSAGE UNDER 
'ORMER POLICY REMAIN VALID.  WITH THIS REVISION AN  INDIVIDUAL NEED 
"LY MEET ONE REQUIREMENT TO PROGRESS SATISFACTORILY; HOWEVER, MUST 
'AIL BOTH TO BE CONSIDERED UNSATISFACTORY. 
' .   PARAGRAPH CHANGES: 
.. PAGE 4 ,   PARA 1-2M:  CHANGE PARA TO READ:  "SATISFACTORY PROGRESS. A 

4 

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UNCLASSIFIED 

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32  04  3013322  JUN  93  RR  RR  ULJUU 
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ZHANGE IN BODY FAT COMPOSITION OR WEIGHT RESULTING IN A  DECREASE OF 
IT LEAST I PERCENT IN BODY FAT PER MONTH  OR A  WEIGHT LOSS OF 3 POUNDS 
70R  FEMALES OR 5 POUNDS FOR MALES.  WSC 1." 
3.  PAGE 5,  PARA  1-2P: CHANGE PARA TO READ:  "UNSATISFACTORY PROGR@B.  - 
7AILURE TO REDUCE BODY FAT OR WEIGHT AT THE RATES DESCRIBED FOR 

AJB 3 

.! 

;ATISFACTORY PROGRESS, OR AN INCREASE..." 

PAGE 18, PARA 2-22E:  CHANGE PARA TO READ:  "DURING PHASE I, 

INDIVIDUALS WILL BE MEASURED FOR WEIGHT AND  BODY FAT ON A MONTHLY 
5ASIS TO DETERMINE PROGRESS. SATISFACTORY PROGRESS IS DEFINED AS A 
IHANGE IN BODY COMPOSITION RESULTING  IN A  1 PERCENT DECREASE IN BODY 
'AT  PER MONTH OR A WEIGHT LOSS OF 3 POUNDS PER MONTH FOR  FEMALES OR 5 
?OUNDS PER MONTH FOR MALES. COMMANDERS MAY WEIGH  AND MEASURE MEMBERS' 
BODY  FAT PERCENTAGE MORE FREQUENTLY TO REINFORCE REHABILITATIVE 
EFFORTS; HOWEVER, ONLY THE WEIGHT/MEASUREMENT TAKEN AT THE END  OF THE 
7ROGRESS PERIODS WILL BE CONSIDERED AN OFFICIAL MEASUREMENT TO 
IETERMINFi SATISFACTORY OR UNSATISFACTORY  PROGRESS. ONCE MEMBERS MEET 
IODY FAT  STANDARDS, REGARDLESS OF  WHEN THE MEASUREMENT IS TAKEN, THE 
:OMMANDER MAY ENTER THEM INTO PHASE I1 (WITH THE EXCEPTION OF 
'ERSONNEL REENTERED INTO PHASE I FROM PHASE I1 OR THE PROBATION 
'ERIOD,  WHO WILL REMAIN XN UNSATISFACTORY  STATUS FOR AT LEAST 1 

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UNCLASSIFIED 

3 0 1332 ZJUN93 

9703743 

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33  04  3013322  JUN  93  RR  "RR  UUUU 

AJB 3 

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UNCLASSIFIED 

40NTH) . 

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3.  WRITE-IN CHANGES: 

'G 

PARA 

LINE  ACTION 

1-24  3 

CHANGE "FAT INDIVIDUALS. . . STANDARDS. 'I  TO "FAT  6$-*- 

5 
CNDIVIDUALS IN MEETING AIR FORCE STANDARDS." 
LO  2-48(2) (C) 6 CHANGE ")LOSE 6.. .EACH" TO READ  "LOSE 1 PERCENT BODY 
OR 3 POUNDS FOR FEMALES AND LOSE 1 PERCENT BODY FAT OR 5 POUNDS 

- 

JOR  MALES EACH" 
-0  2-4B(2)(D) 2 DELETE  " ( 6   PERCENT BODY FAT)". 
-1  2-5B 
30DY FAT OR 3  POUNDS FOR FEMALES AND 5 POUNDS FOR MALES EACH MONTH-" 
!1  2-5D(4) 3 
"UNSATISFACTORY MEASUREMENT PERIOD" 

CHANGE  "A  LOSS.. .MONTH."  TO  "A  LOSS OF  1 PERCENT 

CHANGE ''UNSATISFACTORY BODY FAT LOSS PERIODS" TO 

8 

# 

10 

CHANGE "MONTHLY BODY FAT LOSS STANDARD" TO "MONTHLY 

CHANGE 'I (ACHIEVING LESS.  .MONTH)  'I  TO  I' (ACHIEVING 

12  2-9 
-dOSS  STANDARD" 
!1  2-288  10 
JESS THAN 1 PERCENT BODY FAT LOSS OR THE 3 POUND FEMALE/S POUND MALE 
IEIGHT LOSS REQUIREMENT) I' 
il  ATCH 11  18  CHANGE "BODY FAT LOSS EVALUATED.. . 
IEQUIREMENT EVALUATED. . 

I'  TO "MONTHLY LOSS 

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301332ZJUN93 

9703743 

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AJB 3 

94  04  3013322  JUN  93  RR  RR  UUUU 
YO 
5 1   ATCH 11  19  CHANGE SENTENCE TO READ "MUST LOSE 1 PERCENT OF BODY. 
?AT OR  3 POUNDS FOR WOMEN AND 5 POUNDS FOR MEN EACH MONTH" 
1.  THIS CHANGE IS INCORPORATED IN THE AIR FORCE INSTRUCTION WHICH 
t S   PENDING FINAL COORDINATION. 
5 .   THIS MESSAGE HAS BEEN COORDINATED WITH ANGRC/DPAR.-  SINCE AFR 
35-11 IS NOT APPLICABLE TO THE  ANG, THEY  WILL PROVIDE GUIDANCE ON 
IMPLEMENTING THIS CHANGE. 
;.  IF YOU HAVE ANY QUESTIONS,  POC 

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UNCLASS IF I ED 

301332ZJUN93 

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9703743