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AF | BCMR | CY2003 | BC-2002-03178
Original file (BC-2002-03178.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03178
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion to the grade of master sergeant be reinstated,  with  an
original date of rank and effective date of 1 May 02.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although he lost 30 pounds over a period of one year, decreases in his
neck size versus his waist size ratio resulted in  violent  swings  in
his percentage of body fat, further resulting in three failures during
monthly checks.

The approved body fat standard adjustment did  not  take  place  until
after the failures and his promotion to the grade of  master  sergeant
had already been rescinded.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, supportive  statements,  Weight  and  Body  Fat  Management
Program (WBFMP) documentation, and other documents associated with the
matter under review.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
technical sergeant, having been promoted to that grade on  1  Aug  98.
His Total Active Federal Military Service Date (TAFMSD) is 18 Mar 93.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommended denial.  They noted that the applicant  entered
the WBFMP on 21 May 01 at 228.5 pounds and 26 percent body  fat.   His
body fat standard was 24 percent and he was  required  to  reduce  his
body fat by 1 percent or lose 5 pounds per  month  in  order  to  make
satisfactory progress.  He had three recorded unsatisfactory failures.
 Upon recommendation from  his  unit  commander  and  the  Health  and
Wellness Center medical officer, the applicant received a  26  percent
body fat standard adjustment,  effective  25 Feb  02.   The  applicant
demonstrated his ability to maintain  his  body  fat  standard  of  24
percent in Aug and Sep 01, and from Mar 02  through  Aug  02  when  he
completed the program.

According to AFPC/DPSFM, the unit commander may consider  members  for
an upward body fat standard adjustment if the member is identified  as
over body fat limits according to the fat percent charts listed in AFI
40-502, but otherwise presents  a  professional  military  appearance.
Only increases to the body  fat  percentage  are  considered  and  the
requested adjustment will not exceed the body fat percentage at  which
the member is measured.  The request and a medical recommendation  are
forwarded to the installation commander for approval  or  disapproval.
Adjustments are approved  for  12-month  periods  only.   Renewals  or
continuations   will   be   submitted   with   an   updated    medical
recommendation.  The adjustment is effective on the date of approval.

In AFPC/DPSFM's view, the applicant’s three failures occurred prior to
the approval of an upward body fat  adjustment  and  his  demonstrated
ability to maintain his body fat standard of 24 percent.  Current  Air
Force policy  states  that  personnel  are  ineligible  for  promotion
reinstatement if they have had more than one WBFMP  failure  in  their
WBFMP case history.

A complete copy of the AFPC/DPSFM evaluation is at Exhibit B.

AFPC/DPPPWB noted that the applicant was selected for promotion to the
grade of master sergeant during cycle 01E7 (promotions  effective  Aug
01 — Jul 02) per promotion sequence number (PSN) 4815.0,  which  would
have incremented on 1 May 02.  The promotion was cancelled as a result
of his entry into Phase I of the WBFMP on 29 Oct 01.

According to  AFPC/DPPPWB,  the  policy  of  rendering  an  individual
ineligible for promotion when he or she is in Phase I,  Weight  Status
Code 2 (unsatisfactory progress), of the WBFMP, was made  in  1995  by
senior Air Force leaders in an effort to tie maintaining standards and
performance to promotion.  It is not in the best interest of  the  Air
Force to promote an individual who is not meeting the required  weight
standards because of the demands required when performing  varied  Air
Force missions.  Promotion ineligibility, because of  weight,  is  the
same as all other ineligibility conditions outlined  in  AFI  36-2502,
Airman Promotion Program, Table 1.1.  If on  or  after  the  Promotion
Eligibility Cutoff Date (PECD) for the respective cycle, a  member  is
in one of these conditions, he/she 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  their
projected promotion is cancelled, if already selected.   Although  the
applicant's unit commander and the Health and Wellness Center  medical
officer recommended that the adjusted body fat standard be retroactive
to the date of his entry into the WBFMP,  AFPC/DPPPWB  indicated  that
they concurred with AFPC/DPSFM's denial recommendation.

A complete copy of the AFPC/DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  provided  a  response  indicating  that  his  request   for
reinstatement of his promotion was based  on  the  uniqueness  of  his
individual case.  The avenue he was addressing was of  injustice.   He
is appealing on the basis that his case is exceptional and the general
rules do not cover his situation fairly.  He is 15  pounds  under  his
maximum weight  and  presents  a  fit  military  image.   Due  to  his
individual physical makeup, weight loss did not  translate  into  body
fat loss.  During the entire episode to date, he has decreased a total
of seven inches off his waist.  He believes  that  had  the  body  fat
adjustment been  made  at  the  time  he  achieved  Air  Force  weight
standards, two of the failures would have been avoided.

Applicant's complete response is at 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 error or injustice.  The  evidence  of  record  indicates
that the applicant was selected for promotion to the grade  of  master
sergeant, but was rendered  ineligible  to  assume  the  higher  grade
because of his failure to make satisfactory progress in the WBFMP,  in
that he had three recorded failures to maintain his body fat standard.
 However, after a thorough review of the facts  and  circumstances  of
this case, we are persuaded  that  the  applicant's  failure  to  make
satisfactory progress in the WBFMP was not due to his lack of  effort.
In this respect, we note that  the  applicant  was  able  to  maintain
weight standards, losing at least 30  pounds,  and  according  to  his
commander, he presented a professional  image  in  uniform.   However,
because of his unique body type, he was unable to  maintain  his  body
fat standard.  As a result, his commander  eventually  recommended  an
upward adjustment of his body fat standard, which was approved by  the
wing commander.  Because  of  the  adjustment,  it  appears  that  the
applicant was able to meet  his  body  fat  standard.   Had  his  body
habitus been recognized earlier and the adjusted standard applied,  we
believe that in all likelihood, the applicant would not have failed to
make satisfactory progress in  the  WBFMP  and  would  not  have  been
ineligible for promotion.  In view of the foregoing, and the fact that
he was an otherwise  outstanding  noncommissioned  officer  (NCO),  we
recommend that the applicant's records be corrected to reflect that he
was promoted to the grade of master sergeant effective and  with  date
of rank of 1 May 02.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  promoted  to
the grade of master sergeant effective and with date of rank of 1  May
02.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2002-03178 in Executive Session on 30 Apr 03, under the provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Frederick R. Beaman III, Member
      Ms. Brenda L. Romine, Member

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

     Exhibit A.  DD Form 149, dated 16 Sep 02, w/atchs.
     Exhibit B.  Letter, AFPC/DPSFM, dated 21 Jan 03.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 27 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Feb 03.
     Exhibit E.  Letter, applicant, dated 19 Mar 03.




                                   WAYNE R. GRACIE
                                   Panel Chair









AFBCMR BC-2002-03178




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 , be corrected to show that he was promoted to the
grade of master sergeant effective and with date of rank of 1 May 02.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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