RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00038
            INDEX CODE:  102.07, 128.00
      APPLICANT  COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She receive her original dates of rank (DOR) for the grades of  E-3 and  E-4
with all back pay and allowances, to include  the  difference  in  severance
pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 29 Jan 98, she was entered into the Weight Management Program (WMP).   On
8 Feb 98, she dislocated her right shoulder and  was  placed  on  a  medical
profile.  The profile  forbade  any  aerobic  exercise,  thus  limiting  her
aerobic activity and control over her weight.  She should have been  granted
a temporary medical deferral until her recurring dislocation was  surgically
repaired.

During this initial profile she was denied promotion to the  grade  of  E-3.
She was otherwise  fully  qualified  for  promotion  and  her  Primary  Care
Manager (PCM) recommended a body fat adjustment, which  was  denied  by  the
wing commander.

In October 1998, she was prescribed steroid injections, which added  to  her
weight gain.  In November 1998, she was granted a 6-month deferral.  In  May
1999, after her deferral expired, she had made  unsatisfactory  progress  in
the WMP and was served administrative action  by  her  commander.   In  June
1999, even though her physical condition had not improved,  she  was  placed
on the control roster for not meeting weight standards.  This  action  again
rendered her ineligible for promotion.

In October 1999, her PCM excused her from participating in the WMP  and  her
commander granted her a temporary medical deferral, which expired  in  April
2000.  Upon expiration her  PCM  extended  her  profile  forbidding  aerobic
exercise.  In May 2000, her new unit commander rescinded all  administrative
actions taken against her with the exception of her promotion denial.  On  5
May 00, she was denied promotion to E-4.  In August  2000,  her  supervisor,
first sergeant, and commander  requested  wing  commander  approval  or  her
retroactive promotions.  She was separated from the Air Force on  5  Sep  00
as an E-2.  Her wing commander signed the request approving her  retroactive
promotion on 20 Sep 00.  Her commander had been advised that  her  promotion
could be corrected in-system 6-8 weeks after her separation.  She was  later
advised that the AFBMCR  was  her  only  course  to  correct  her  promotion
records.

In support of her request applicant provided a  personal  statement;  copies
of AF Forms 422, Physical Profile Serial Report; an  extract  from  AFI  40-
502, The Weight and Body Fat Management Program; a memorandum from her  PCM;
AF Form 393,  Individual  Record  for  the  Weight  Management  and  Fitness
Improvement Training Programs; her wing commander’s memorandum; and, her  DD
Form 214, Certificate  of  Release  or  Discharge  from  Active  Duty.   Her
complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force in the grade of airman basic (E-
2) on 7 May 97.  She was promoted to the grade of airman, E-2, with  a  date
of rank (DOR) of 7 Nov 97.

A Medical Evaluation Board (MEB) was convened on 27 Jun 00.   Her  case  was
referred to an Informal Physical Evaluation Board (IPEB) for a diagnosis  of
major  depressive  disorder,  chronic  shoulder   pain,   classic   migraine
headaches, and obesity.  On 10 Jul 00, the IPEB found her unfit for  further
military service based on a diagnosis of chronic right shoulder pain  status
post  labral  repair  and  capsular  shrinkage  associated   with   frequent
dislocations.  The IPEB  recommended  that  she  be  discharged  with  a  10
percent compensable disability rating.  She concurred with the findings  and
recommended disposition of the IPEB.  On  18  Jul  00,  the  Office  of  the
Secretary of the Air Force directed that she be discharged, with  disability
severance pay in the grade of airman.  She was discharged on 5  Sep  00  and
issued an Honorable Discharge  certificate.   She  had  served  3  years,  3
months, and 29 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed  her  request  and  recommends  denial.
The Medical  Consultant  states  that  she  passed  her  initial  enlistment
physical examination 8 pounds over the maximum allowable  weight  (MAW)  for
her height.  In July 1996, she had failed the examination trying  to  enlist
in the Army.  In September 1997, 4 months after enlistment, she weighed  151
pounds, 8 pounds over her MAW, and was entered into the WMP in January  1998
at 159 pounds.  After her shoulder injury in February 1998, her service  was
marked by repeated episodes of dislocations leading to reduced  activity  of
the arm (but not initially excluding her from activities not  involving  use
of the arm, e.g., bicycling).  After  she  underwent  surgery  in  September
1999, she had no further problems with dislocations but developed a  chronic
pain syndrome that left  her  still  unable  to  perform  her  duties.   Her
commander, having control over her promotions, chose not to promote her,  as
was  his  privilege  to  do.   His  letter  to  the  disability  authorities
indicated she had been unable to fulfill her  duties  since  February  1998,
only 9 months from when she entered the military.

Despite her multiple profiles, she  was  not  limited  from  performance  of
exercises that could have helped her maintain weight standards  until  later
in the course of her treatment.  He fails to  see  how  a  shoulder  problem
could possibly  interfere  with  such  exercises  as  bicycling,  stationary
running, etc.  Her failures in the WMP were for the most part, unrelated  to
her shoulder problem.  She had a lengthy  record  of  weight  problems  long
predating the injury and had exhibited a reticence  to  participate  in  the
program.  She provided a letter from a new commander in  which  he  proposes
retroactive promotions based on his review of the records and  opinion  that
her weight problem was outside her control and  that  her  duty  performance
warranted such promotions.  This recommendation is  clearly  different  from
what the previous commander had written just 5 months earlier  (see  Exhibit
C).

The Enlisted Promotions and Military Testing Branch,  AFPC/DPPPWB,  reviewed
applicant’s request and recommends that she be  promoted  to  E-3  effective
and with a DOR of 7 Sep 98 and to E-4 effective and with a DOR of 7 May  00.
 DPPPWB states that her commander stated in a letter dated 20  Sep  00  that
he believed after a careful review  of  her  medical  history,  meeting  Air
Force standards was out of her control.   He  indicates  that  she  achieved
satisfactory progress for many months while she was in the WMP which  was  a
clear indication to him that she did all she was  capable  of  doing,  given
her medical status, to meet standards.  Her  wing  commander  indicated  his
approval for the retroactive  promotions  to  E-3  and  E-4.   However,  the
letter is dated after she was discharged.  In addition  to  those  favorable
recommendations, the Mission Support Commander at Charleston  AFB,  SC  also
discussed the circumstances  of  her  case  at  great  length  from  both  a
commander's perspective and a personnel  perspective  with  members  of  the
Enlisted Promotion  Policy  and  Procedures  Branch  an  AFPC  and  strongly
supports her request based on her medical situation (see Exhibit D).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded the BCMR Medical Consultant advisory and states that  he
mentioned that she failed the entrance examination for the Army  but  failed
to mention the fact that the Army MAW is lower than the Air Force  MAW.   He
is incorrect in his statement that she entered  the  WMP  in  January  1998.
She was identified in January 1998,  but  before  WMP  processing  could  be
completed, she  dislocated  her  shoulder.   Thus,  she  was  not  medically
cleared.  Her PCM placed her into the WMP because  there  was  no  diagnosis
for the recurring shoulder dislocations/sublocations and  severe  pain  that
she was suffering.

She made satisfactory progress in the WMP until she was placed  on  steroids
in  an  attempt  to  strengthen  her  shoulder  and  to  try  to  stop   the
dislocations.  At that point, as indicated on her AF Form  393,  her  weight
ballooned.  The  Medical  Consultant  failed  to  mention  that  the  Chief,
Orthopedic Surgeon at Walter Reed Army  Medical  Center,  diagnosed  her  as
having a labral tear and enlarged capsule  in  the  right  shoulder.   Which
indicates the severity of her condition.

Her previous commanders made no earlier request of her  wing  commander  for
promotion because the diagnosis had not been made and they were  unaware  of
the provision  in  the  regulation.   Had  this  been  known,  her  previous
commander would have requested  promotion  from  the  wing  commander.   The
advisor's statement that her commander had the authority to promote  her  in
weight status code (WSC) 5 is incorrect.  According to AFI 40-502, only  the
wing commander has the authority to promote enlisted members in WSC 5.

She addressed the advisory's statement regarding a  mental  health  referral
and states that she was referred to a counselor for assistance dealing  with
her grandfather's impending death and  was  diagnosed  with  depression  and
given medication only after seeing him die in  her  arms.   Nowhere  in  her
records does it say that she was having trouble adjusting to military  life,
as suggested by the advisory.

In further support of her request  applicant  provided  an  extract  from  a
guide  to  shoulder  surgeries  and  injuries;  and,  additional  copies  of
documents previously submitted (see 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable  error  and  injustice  to  warrant  granting  partial
relief of the applicant’s request.   We  carefully  reviewed  the  documents
provided, which include a letter signed  by  her  wing  commander  approving
reinstatement of her promotion eligibility to the grades  of  E-3  and  E-4.
We note that in accordance with established policy, the wing  commander  has
the authority to terminate the promotion withhold action and  reinstate  her
promotion eligibility.  It appears that the promotion  authority  was  under
the assumption that his action was timely, unfortunately that  was  not  the
case.  It is our opinion that the applicant should receive retroactive  DOR,
as indicated in his letter, to the grades  of  E-3  and  E-4  and  that  her
disability severance pay should be adjusted accordingly.  We  note  however,
that in applying the rules established by that same  policy,  the  effective
dates of the promotion to those grades is  the  date  of  the  reinstatement
approval.  Consequently, since the effective date  of  promotion  determines
eligibility to receive pay and allowances in  those  grades,  the  applicant
would not be entitled to back pay and allowances as  she  requested.   While
we find it appropriate to grant the applicant retroactive DORs,  we  believe
that the application of policy  regarding  the  establishment  of  effective
dates in cases of WMP participants would be proper in this case.   Applicant
has not provided any evidence that would persuade us otherwise.   Therefore,
we recommend that her records be corrected to the extent 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:

a.  She was promoted to the grade of airman first class (E-3)  with  a  date
of rank (DOR) of 7 September 1998 and effective date of 4 September 2000.

b.  She was promoted to the grade of senior airman (E-4) with  a  DOR  of  7
May 2000 and effective date of 4 September 2000.

c.  On 5 September 2000, she was honorably discharged  with  entitlement  to
disability severance pay in the grade of senior airman  (E-4),  rather  than
airman (E-2).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 May 01, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Martha Maust, Member
      Mr. Laurence M. Groner, Member

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

     Exhibit A.  DD Form 149, dated 20 Dec 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 9 Mar 01.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 28 Mar 01.
     Exhibit E.  Letter, SAF/MIBR, dated 27 Apr 01.
     Exhibit F.  Letter, Applicant, undated, w/atchs.




                                  CHARLENE M. BRADLEY
                                  Panel Chair

AFBCMR 00-00261




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:

      a.  She was promoted to the grade of airman first class (E-3) with a
date of rank (DOR) of           7 September 1998 and effective date of 4
September 2000.

      b.  She was promoted to the grade of senior airman (E-4) with a DOR
of 7 May 2000 and effective date of 4 September 2000.

       c.   On  5  September  2000,  she  was  honorably   discharged   with
entitlement to disability severance pay in the grade of  senior  airman  (E-
4), rather than airman (E-2).






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency