RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03063
            INDEX NUMBER:  131.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank to technical sergeant be retroactive  to  1 September  2000
and she receive retroactive pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her promotion was withheld on 25 August 2000  due  to  her  entry  into  the
Weight Management Program (WMP).  This enrollment marked the first  time  in
seven years that she had a problem meeting weight  standards.   She  entered
the (WMP) after being exempted from weight management standards for  over  a
year due to medical issues that prevented her  from  exercising.   She  made
satisfactory progress in the program until 30  April  2001  when  she  again
received a medical deferral.

In support of her appeal,  applicant  submits  a  personal  statement.   The
applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 July 2002 the applicant was released from active duty in the grade  of
technical sergeant with an effective date of promotion  of  2 May  2002  and
retired in the  same  grade  on  1  August  2002.   She  was  credited  with
20 years, 5 months and 22 days  of  total  active  duty  service.   She  was
credited with 21 years, 3 months and 23 days service for basic pay.

The applicant was selected for promotion to technical sergeant during  cycle
00E6 with a promotion sequence number of 1249 which incremented 1  September
2000.  Her commander withheld  her  selection  for  promotion  to  technical
sergeant due to her entry into the WMP.

A resume of her last five performance reports follows:

        Closeout Date           Promotion Recommendation


         29 Aug 96                5

         15 Dec 97                4
         15 Sep 98                4
         15 Sep 99                5
         15 Sep 00                4

The applicant’s WMP case file indicates that  she  entered  the  Weight  and
Body Fat Management Program (WBFMP) on 25 August 2000 at  a  weight  of  194
pounds and bodyfat of 40 percent.  Her allowable  bodyfat  standard  was  32
percent.  The applicant began the 3-month exercise and dietary  period  (WSC
0) on 5 September 2000.  On 6 December 2000, she entered  into  Phase  I  of
the WBFMP.  The AF Form 393, Individual Record  for  the  Weight  Management
and Fitness Improvement Training Programs, reflects the  following  progress
by the applicant:

        Date Weighed  Weight/Bodyfat%   Gain/Loss


         06 Dec 00      190/38           0%

      17 Jan 01      186.5/39        -3.5/+1%
      20 Feb 01      188/38          -2/-1%
      20 Mar 01      187.5/37        -.5/-1%



AF Form 422, Physical Profile Serial Report, dated 25 April 2001,  indicates
that the applicant was placed on a physical profile “4”  placing  her  in  a
temporary  medical  deferral  from  Phase  I  of  the  WMP  due   to   early
osteoarthritis involving multiple joints including the back  and  bone  spur
surgery initiated on 7 July 2000.  Her  release  date  from  this  temporary
profile was 1 January 2002.

On 10 May 2002, the commander requested that the  applicant’s  promotion  to
technical sergeant be reinstated with a date of rank of 1  June  2002.   The
vice commander concurred with this request.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied.   DPPPWB  states  that  in
accordance with the Military Personnel Flight Manual 00-06,  individuals  in
Exercise and Dietary Period (WSC 0), are eligible  to  test  for  promotion;
however, if they attain a line number, it will be withheld until  they  meet
their  standard.   If  individuals  do  not  meet  their  standard  at   the
completion of the 3-month WSC 0, and  are  placed  into  the  Initial  Entry
Period, they are not eligible for backpay and allowances.   Individuals  who
progress  through  the  Initial  Entry  Period  and  Phase  I,  Satisfactory
Progress to the Observation Period will receive their original DOR  and  the
effective date is the date  they  were  placed  in  the  Observation  Period
and/or are recommended by their commander.  DPPPWB  states  that  on  10 May
2002, the  applicant’s  commander  recommended  her  promotion  to  TSgt  be
reinstated.  Since the applicant’s promotion was in a hold  status  and  not
actually removed/cancelled, the commander’s recommendation should have  been
to remove her  promotion  from  withhold  status.   Her  DOR  would  be  her
original date of 1 September 2000, but the effective date would  be  10  May
2002, date of commander’s letter.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  25
October 2002 for review and comment.  As of this date, no response has  been
received.

_________________________________________________________________

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 error  or  injustice.   We  carefully  reviewed  the  documents
provided, which include a letter signed by her commander and vice  commander
approving reinstatement of her promotion eligibility to  technical  sergeant
(E-6).  We note that in accordance with established  policy,  the  commander
has the authority to terminate the promotion withhold action  and  reinstate
her promotion eligibility.  In applying the rules established by  this  same
policy,  it  appears  that  the  promotion  authority  understood  that  the
applicant would receive her original date of rank  and  that  the  effective
date of the promotion to  technical  sergeant  would  be  the  date  of  the
reinstatement  approval.   Consequently,  since  the   effective   date   of
promotion determines eligibility to  receive  pay  and  allowances  in  that
grade, the applicant would not be entitled to back  pay  and  allowances  as
requested.   We  believe  that  the  application  of  policy  regarding  the
establishment of the effective date is proper  and  the  applicant  has  not
provided any evidence to indicate otherwise.  Accordingly, in  view  of  the
above and in the absence of evidence indicating that  the  commander  abused
his discretionary authority when  he  determined  the  withhold  action  was
appropriate; the Board finds no basis on which to  favorably  consider  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 19 March 2003 under the provisions of AFI 36-2603:

                 Mr. Roscoe Hinton, Jr, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Ms. Dorothy P. Loeb, Member

The following documentary evidence relating  to  AFBCMR  Docket  Number  02-
03063 was considered:

    Exhibit A.  DD Form 149, dated 18 Sep 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 8 Oct 02 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Oct 02.





                                   ROSCOE HINTON JR

                                   Panel Chair