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AF | BCMR | CY1999 | 9802129
Original file (9802129.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02129
            INDEX CODE 131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion eligibility  be  reinstated  for  promotion  cycle  97E7
(master sergeant (E-7)).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His test for E-7 for the 97E7 cycle should be scored since he  is  now
meeting the Air Force body fat standards.  He has a  letter  from  his
doctor stating  that  his  misdiagnosed  condition,  as  well  as  the
medication, contributed to his one-time failure.

Airmen or the airmen’s commander  may  request  promotion  eligibility
reinstatement  and  several  requests  have  been   approved   by   HQ
AFMPC/DPMAJW (the approving section) in the past based solely on a one-
time failure on the Weight Management Program (WMP).   He  feels  that
his case is stronger and deserving the same equal opportunity afforded
to other members.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  These documents are appended at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant contracted his initial enlistment  in  the  Regular
Air Force on 16 March 1981.  He has been progressively promoted to the
grade of technical sergeant (E-6), with an effective date and date  of
rank of 1 March 1993.

Applicant's profile for the last 9 reporting periods follows:

            Period Ending    Evaluation

              7 Jul 92 4 - Ready for Promotion
             14 Jan 93 4
             14 Jan 94 5 - Immediate Promotion
             14 Jan 95 5
             10 Dec 95 5
             30 Jun 96 5
             13 Jun 97 5
             14 Dec 97 4 - Ready for Promotion

The relevant facts pertaining to this application are contained in the
letters prepared by the appropriate Air Force  offices.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Commanders’ Programs Branch, HQ AFPC/DPSFC, stated that the
applicant was enrolled in the Weight Management Program  (WMP)  on  27
Sep 96 and issued a Letter of Admonishment on 10 Apr 97 for his  first
and only unsatisfactory progress in the  WMP.   Members  are  rendered
ineligible to assume a higher grade upon an unsatisfactory progress in
the WMP.  A member or commander can  request  promotion  reinstatement
when the member meets the Air Force body fat standards and is enrolled
in Phase II of the WMP.  No additional justification is required.  The
applicant met the Air Force body fat standards on 10 Jun  97  and  was
placed in Phase II of the WMP.  The HQ AFPC Promotions Branch  is  the
final approval authority for promotion reinstatements; however, as  in
this  case,  the  request  may  be  disapproved  by  the  installation
commander.

DPSFC recommended the applicant’s request be approved.   DPSFC  stated
that upon reviewing the applicant’s request for reinstatement and  the
staff package submitted to the installation  commander  for  promotion
reinstatement, it is apparent they were not familiar with the criteria
for a member or commander to  request  promotion  reinstatement.   The
guidance concerning the commander requesting  promotion  reinstatement
when the member meets Air Force body  standards  and  is  enrolled  in
Phase II of the WMP was not relayed  to  the  installation  commander.
Instead, they indicated the applicant’s weight gain and unsatisfactory
progress in the WMP was a direct result of not being able to  properly
exercise due to an undiagnosed asthma condition and  should  not  have
been counted as an unsatisfactory progress.

A complete copy of this evaluation is appended at Exhibit C.

The Enlisted Promotion &  Military  Testing  Branch,  HQ  AFPC/DPPPWB,
stated promotion ineligibility, because of weight, is the same as  all
other ineligibility conditions outlined in AFI  36-2502.   If,  on  or
after the Promotion Eligibility Cutoff Date (PECD) for the  respective
cycle, a member is in one of these conditions, he  is  ineligible  for
the entire cycle.  This means (as specified in the  AFPC/DPMA  091602Z
Jun 95 message) a member cannot test, cannot be considered if  already
tested, and cancellation of projected promotion if already selected.

DPPPWB stated the applicant tested 21 Feb 97 for promotion cycle  97E7
to master sergeant (promotions effective Aug 97 - Jul 98) and the PECD
for this cycle was 31 Dec 96.  Before his test could be scored, he was
issued a Letter of  Admonishment  on  10  Apr  97  for  unsatisfactory
progress in the  WMP.   The  applicant’s  record  was  updated,  which
rendered him ineligible for promotion.  On 12 May  98,  the  applicant
requested promotion eligibility reinstatement for  cycle  97E7,  which
was  disapproved  by  the  wing  commander  and  discontinued  further
processing of the case.

DPPPWB indicated that the applicant’s final  score  on  the  Promotion
Fitness Examination (PFE) was 50.  His Specialty Knowledge Test  (SKT)
score was 68.00.  His  total  score  (if  he  had  been  eligible  and
considered)  would  have  been  317.23  and  the  score  required  for
selection in his Air Force Specialty Code (AFSC)  was  338.11.   As  a
result, reinstatement of his promotion eligibility for the 97E7  cycle
is moot as he would not have been selected if  considered.   Based  on
the rationale provided,  DPPPWB  recommended  the  request  be  denied
(Exhibit D).

Pursuant to the Board’s request, DPPPWB provided an unofficial copy of
the applicant’s Weighted Airman Promotion System (WAPS) scores for the
97E7 cycle (Exhibit E).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were  forwarded  to  applicant  on
7 September 1998 for  review  and  response.   As  of  this  date,  no
response has been received by this office (Exhibit F).
_________________________________________________________________

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.  While we agree the applicant was the
victim  of  an  injustice   by   unfairly   being   denied   promotion
consideration  for  cycle  97E7,  we  note  that  even  had  he   been
considered, he would not have been  selected  based  on  his  Weighted
Airman Promotion System (WAPS)  scores.   Therefore,  reinstating  the
applicant’s promotion eligibility for the 97E7  cycle  would  be  moot
since he would not have been a selectee.  In view of the foregoing, no
basis exists to favorably act on this application.
_________________________________________________________________

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 2 March 1999, under the  provisions  of  AFI  36-
2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Michael V. Barbino, Member
              Mr. Roger E. Willmeth, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFC, dated 19 Aug 98.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 24 Aug 98, w/atchs.
       Exhibit E.  Weighted Airman Promotion System (WAPS) scores.
   Exhibit F.  Letter, SAF/MIBR, dated 7 Sep 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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