RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02373
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reinstated to the grade of Master Sergeant with all back pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

One month  after  her  surgery,  she  received  a  Leave  and  Earning
Statement which  notified  her  she  had  been  demoted  to  technical
sergeant (E-6) effective 22 August 03.  She was shocked because no one
told her the demotion was still  going  to  happen.   Considering  her
circumstances she should  have  been  told  so  she  could  have  been
prepared.

In support of her appeal, applicant has provided a personal  statement
and other documents relative to her appeal.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently a member of  the  Washington  Air  National
Guard (WAANG).  The member initially  entered  the  Weight  Management
Program (WMP) on 31 July 2000 when she  failed  weight  and  body  fat
measurements.  She continued on the program and  was  unable  to  make
satisfactory progress.  On 5 June 2002, after the 4th failed  attempt,
she received a notification of intention to demote from her commander.
 Her commander suspended the demotion action.  On  3  September  2002,
she failed to make  satisfactory  progress  for  the  5th  time.   Her
commander notified her of his intention to demote.  The commander then
granted three extensions in order to proceed with medical testing.  On
3 May 2003, she failed to make satisfactory progress for the 6th  time
and her commander notified  her  of  his  intention  to  demote.   She
concurred with the demotion action.  On 21 July 2003, demotion  action
was submitted to The Adjutant General (TAG) for state SJA  review  and
TAG approval.

On 28 July 2003, she took the new ANG PT test.  She did not  pass  the
body  fat  portion  of  the  test.   Later  that  same  day,  she  was
hospitalized for severe abdominal pain, which resulted in  removal  of
her colon.

The demotion action was put  on  hold  pending  information  from  her
doctor regarding her medical condition and its possible connection  to
weight loss.  On 15 August 2003,  her  commander  consulted  with  her
doctor and confirmed that the two  issues  were  not  connected.   The
demotion action was taken off hold and orders were cut  on  22  August
2003 demoting her to the rank of technical sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  The applicant failed to make satisfactory
progress on six occasions while on the Weight Management Program.  Her
case has been well documented by  her  organization  identifying  each
step and the action to demote was appropriate.

DPPI’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagrees with the ANG advisory and states  she  has  always
been involved in a fitness program, even before being entered into the
Weight Management Program (WMP).  Further, she does  not  believe  her
metabolism was working correctly when her colon was cancer-ridden  and
has attached additional medical documentation  to  this  effect.   She
respectfully requests her grade of MSgt be reinstated with  full  back
pay and allowances.

Applicant’s complete response, with attachments, is at Exhibit D.

_________________________________________________________________

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  took  notice  of   the
applicant's complete submission in judging the merits of the case  and
sympathize with her condition; however,  the  majority  of  the  Board
agrees with the opinions and recommendation of the Air Force office of
primary responsibility and adopt their rationale as the basis for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  She was given every opportunity to succeed,  yet  was  not
able to meet weight standards.  It appears that  after  five  warnings
from her commander of his intent to demote, he  finally  garnered  her
concurrence or understanding of the action and went forward  with  the
demotion only after consulting with medical personnel  to  ensure  her
condition was not responsible  for  her  weight.   Therefore,  in  the
absence of evidence to the contrary, the majority of the  Board  finds
no compelling basis to recommend granting the relief  sought  in  this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02373 in Executive Session on 8 March 2005, under the  provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. Christopher D. Carey, Member

By a majority vote, the Board voted to deny the request.  Mr. Peterson
voted to correct the record but does not wish to submit a minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jul 04, w/atchs.
    Exhibit B.  Letter, ANG/DPPI, dated 10 Jan 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Jan 05.
    Exhibit D.  Letter, APPLICANT, dated 18 Jan 05, w/atchs.



                                   RICHARD A. PETERSON
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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Office Of The Assistant Secretary




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the
applicant had not provided sufficient evidence of error or injustice
and recommended the case be denied.  I concur with that finding and
their conclusion that relief is not warranted.  Accordingly, I accept
their recommendation that the application be denied.

      Please advise the applicant accordingly.




     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency