RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  98-02194
                       INDEX CODE:  131.00

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Weight Management Program (WMP) folder be destroyed and that he be
promoted to the grade of technical sergeant (E-6), with  back  pay  to
the 96E6 promotion cycle.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The WMP manager mishandled his case by weighing him a  day  after  his
medical profiles expired and shortly  after  having  stitches  removed
from his wounds and he  was  not  offered  or  enrolled  in  a  90-day
exercise program.  He did not receive diet counseling for  almost  two
years and was not offered or counseled on receiving medical  referrals
to recover from his surgeries.

He requests supplemental promotion consideration because he missed two
consecutive promotion cycles due to the numerous errors  made  by  the
6th  Communication  Squadron  with  his  weight  management  case  and
promotion status.

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) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD) as  18
January 1983.  He is currently serving on active duty in the grade  of
staff sergeant (E-5), with an effective date and date  of  rank  of  1
August  1991.   The  applicant’s  Enlisted  Performance  Report  (EPR)
profile for the last 10 reporting periods,  beginning  with  his  most
recent, follows:  5, 5, 4, 4, 5, 5, 5, 5, 5, 5.

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

AIR FORCE EVALUATION:

The Field Activities Division, HQ AFPC/DPSF, reviewed this application
and recommended  destruction  of  the  applicant’s  Weight  Management
Program (WMP) case file.  DPSF stated that there appear to be  several
irregularities in the WMP case file as stated by the applicant’s first
sergeant and  there  is  sufficient  documentation  from  the  medical
practitioner that the applicant was unable to maintain weight loss due
to his medical condition.

DFSF stated that the applicant was entered in the WMP on  14  Sep  93.
He had  three  unsatisfactory  progress  reports  with  administrative
actions  (20  Mar  95—Letter  of  Admonition;  22  Jul  96—Letter   of
Reprimand; and, 12  Dec  96—Letter  of  Reprimand).   The  applicant’s
commander approved medical deferral from the WMP for the month of  May
96 and from 19 Mar to 19 Jun  96  based  on  the  applicant’s  medical
profile, AF Form 422.  The applicant was issued an AF Form 422 for the
period of 21 Jun 96 with no close date from the medical  practitioner;
however, the commander did not approve a medical deferral from the WMP
for this period of time.  The applicant  provided  letters  supporting
his contentions concerning his  medical  condition  and  the  lack  of
counseling.  A complete copy of this evaluation is appended at Exhibit
C.

The Enlisted Promotion and Military Testing  Branch,  HQ  AFPC/DPPPWB,
stated that members are rendered ineligible to assume a  higher  grade
upon an unsatisfactory progress in the WMP.  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
that a member cannot test, cannot be considered if already tested, and
cancellation of projected promotion if already selected.

DPPPWB stated that present Air Force policy  does  not  allow  for  an
automatic  promotion  as  the  applicant  is  requesting.   While  the
applicant believes he would have been promoted had  he  been  able  to
test for the 96E6 cycle, this is speculation and there is  no  way  of
knowing if his score may  have  been  high  enough  for  selection  to
technical sergeant (E-6).  The applicant tested for E-6 during  cycles
94A6, 95A6, 95E6 and 98E6.  He was ineligible to  test  during  cycles
96E6 and 97E6 due to being in the WMP.  The applicant missed promotion
by 37.18 for the 98E6 cycle.  The applicant’s  request  for  automatic
promotion  to  E-6  should  be   denied.    DPPPWB   defers   to   the
recommendation of AFPC/DPSF.

A complete copy of this evaluation is appended at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  28
December 1998 for review and response.  As of this date,  no  response
has been received by this office (Exhibit E).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  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.  In this respect, the office
of  primary  responsibility  of  the  Air  Force,  HQ  AFPC/DPSF,  has
indicated that there are several  irregularities  in  the  applicant’s
Weight Management Program (WMP) case file  as  well  as  documentation
from the medical practitioner supporting his contentions.  In view  of
the evidence provided, we agree with the opinion and recommendation of
HQ AFPC/DPSF that the applicant’s WMP case file should  be  destroyed.
The applicant’s request to be  promoted  to  the  grade  of  technical
sergeant (E-6) during Cycle 96E6 through the correction board  process
was considered by the Board.  However, we find  insufficient  relevant
evidence has been presented warranting a direct promotion.   Since  we
are  recommending  that  the  WMP  case  file  be  removed  from   the
applicant’s records, the reason for denying him  eligibility  to  test
during cycles 96E6 and  96E7  will  no  longer  exist.   We  therefore
believe a just and  equitable  resolution  is  to  grant  supplemental
promotion consideration commencing with Cycle 96E6.  In  view  of  the
foregoing, we recommend that the applicant’s 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  all  documents  and
references associated with his enrollment  in  the  Weight  Management
Program (WMP) on 14 September 1993, be declared void and removed  from
his records.

It  is  further  recommended  that   he   be   provided   supplemental
consideration for promotion to the grade of technical sergeant for all
appropriate cycles beginning with Cycle 96E6.

If selected for promotion  to  the  grade  of  technical  sergeant  by
supplemental consideration, he be provided any additional supplemental
consideration required as a result of that selection.

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 applicant ineligible for the promotion, such information  will  be
documented and presented to the Board for a final determination on the
individual's qualifications 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 March 1999, under the provisions  of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. John E. Pettit, Member
              Mr. Gregory W. DenHerder, Member

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

   Exhibit A.  DD Form 149, dated 30 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSF, dated 3 Dec 98.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 14 Dec 98.
   Exhibit E.  Letter, SAF/MIBR, dated 28 Dec 98.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair


AFBCMR 98-02194
INDEX CODE:  131.00



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:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that all documents
and references associated with his enrollment in the Weight Management
Program (WMP) on 14 September 1993, be, and hereby are, declared void
and removed from his records.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of technical sergeant for
all appropriate cycles beginning with Cycle 96E6.

            If selected for promotion to the grade of technical
sergeant by supplemental consideration, he be provided any
additional supplemental consideration required as a result of that
selection.

            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 applicant ineligible for the promotion,
such information will be documented and presented to the Board for a
final determination on the individual's qualifications 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.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency