RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01818
                                        INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXXX              COUNSEL:  NONE

  XXXXXXXXXXX                           HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 December 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Enlisted Performance Report (EPR) rendered for the period of 26  January
2002 through 25 January 2003 be upgraded or voided;  her  referral  EPR  for
the period 26 January 2003 through 25 January 2004 be  voided;  her  Article
15  be  voided  and  removed  from  her  records;  she  be  considered   for
supplemental  promotion  consideration  and   retroactive   promotion;   her
eligibility for the Air Force Good Conduct Medal (AFGCM) be  reinstated  and
she be  awarded  the  AFGCM;  and  any  other  entitlements  or  reparations
adversely affected by the injustice she has suffered be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her commander violated Air Force  Instruction  (AFI)  40-502  by  repeatedly
directing her to weigh in while on her monthly menstrual cycle  causing  her
unsatisfactory weigh-ins.  This led to her downgrade  on  one  EPR;  another
EPR being referred; her denial of the AFGCM; Article 15 punishment; and  her
non-selection for promotion to the grade of master sergeant.

In support of her request, the applicant submits a personal  statement;  her
contested APRs; and copies of an addendum to Report of Investigation  (ROI);
notification and rebuttal to her referral EPR;  implementation  to  the  new
physical fitness program; and memorandums concerning her weight  management,
medical condition,  and  denial  AFGCM  denial.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database  (MilPDS)  indicates  the  applicant  has  a
Total Active Federal Military Service Date of 30  December  1985.   She  was
promoted to the grade of technical sergeant (E-6), with a date of rank of  1
November 2000.  Her projected date of separation is 25 January 2006.

On 19 September 2003, the  applicant  received  Article  15  punishment  for
displaying disrespect to her superior commissioned officer  and  a  superior
non-commissioned officer by speaking in a disrespectful manner  and  staring
confrontationally.  She received punishment of a reprimand and reduction  in
grade to staff sergeant, suspended through 18 February 2004, after which  it
was remitted without further action.  On 30 September  2003,  the  applicant
chose not to appeal the decision.

The following is a resume of the applicant’s EPR profile:

      PERIOD ENDING          PROMOTION RECOMMENDATION

    15 Nov 97                     4
    15 Nov 98                     5
    15 Nov 99                     4
    15 Nov 00                     5
    10 Jul 01                     5
    25 Jan 02                     5
    25 Jan 03*                    4
    25 Jan 04*                    2
    25 May 04                     4

   *Contested reports

An addendum to an ROI, dated 17 September 2004, indicated  an  investigation
was conducted to substantiate the applicant’s claim of  reprisal  and  abuse
of authority by her commander.  The ROI found the commander  did  not  abuse
her authority by ordering the applicant  to  weigh-in;  however,  found  the
commander improperly  conducted  herself  on  or  about  30  June  2003,  by
requiring the applicant to weigh-in for the Air Force Weight  and  Body  Fat
Management Program (WBFMP), despite the applicant  being  on  her  menstrual
cycle, in violation of AFI 40-502, paragraph 2.7.9.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends denial of the applicant’s request to  void  or  upgrade
her APRs.   DPPP  states  that  AFPC/DPFF  recommends  the  removal  of  the
applicant’s 25 January 2004 EPR but not the 25 January  2003  EPR  based  on
the ROI; however, DPFF has provided a recommendation that is  out  of  their
scope of responsibility.  It is  DPPP’s  opinion  that  the  applicant’s  25
January 2003 EPR is accurate as written.  In reference  to  the  25  January
2004 EPR, the comments  referencing  enrollment  in  the  Weight  Management
Program (WMP) are  inaccurate  based  on  the  ROI;  however,  the  comments
relating to the  Article  15  and  the  rest  of  the  EPR  is  an  accurate
assessment of  the  applicant’s  performance.   Therefore,  the  applicant’s
rebuttal comments should be removed from  the  record  along  with  the  WMP
comments on the EPR.  The EPR should remain a matter of  record  to  reflect
the Article 15 the applicant received and additional performance factors.

DPPP states the applicant  became  ineligible  for  promotion  consideration
during cycle 04E7 when she received an Article 15 on 19 September  2003  and
a referral EPR on 25 January 2004.  Should the Board decide to  remove  both
the Article 15 and the  referral  EPR  as  requested,  the  applicant  would
become eligible for  supplemental  promotion  consideration  beginning  with
cycle 04E7.  However, she would not become a select for  either  cycle  04E7
or 05E7 as her scores, even with corrected record, would  still  fall  short
of the minimum score required for promotion selection in her  career  field.
The AFPC/DPPP evaluation is at Exhibit C.

AFPC/DPF recommends approval  to  remove  the  applicant’s  EPR  closing  25
January 2004, because the WBFMP was not administered according to Air  Force
standards.  DPF states her case file shows no  evidence  the  applicant  was
directed to weigh-in regardless of her menstrual cycle prior to 10  February
2003; therefore, they recommend denial of her request  to  upgrade  her  EPR
closing 25 January 2003.  The DPF evaluation is at Exhibit D.

AFPC/DPPPR recommends the Board make a decision based on the  merit  of  the
applicant’s claim for award of the AFGCM.  DPPPR states that  in  accordance
to AFI 36-2803, paragraph 5.2, the AFGCM  is  awarded  to  personnel  in  an
enlisted status for “exemplary  conduct”  (exemplary  behavior,  efficiency,
and fidelity), during a three year period of military service while  in  the
active military service of the United States.  The applicant  was  given  an
Article 15; therefore, denying the AFGCM for the award period of 2  December
2000 through 1 December 2004 with a new start date of 23 January 2004.   The
DPPPR evaluation is at Exhibit E.

AFLSA/JAJM recommends no relief be granted in regards  to  the  Article  15.
JAJM states there is no evidence in the record  that  the  commander  abused
her discretion or that there is a clear injustice or  unusual  circumstances
warranting Board action.  The JAJM evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant addresses the AFLSA/JAJM advisory opinion by clarifying her
request is not for relief due  to  her  failures;  but  for  redress  and
correction of wrongs committed against her.  It is  documented  that  her
commander  committed  a  violation  of  an  order/regulation.   Had   the
violation not occurred, there would have been no need for discussion with
her command chain and ultimately no opportunity for  the  Article  15  to
occur.  The applicant’s rebuttal, with attachments, is at Exhibit H.

_________________________________________________________________

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  warranting  upgrade  or  removal  of  the
applicant’s EPR closing 25 January 2003;  removal  of  her  EPR  closing  25
January 2004; removal of her  Article  15;  consideration  for  supplemental
promotion; and reinstatement of the AFGCM.  We note the applicant’s  Article
15 was for insubordinate conduct and was found by legal review  to  be  just
and within regulation.  Absent evidence to the contrary, we concur with  the
recommendations of the Air Force on the applicant’s remaining requests.

4.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  error  or  injustice  warranting  some  corrective  action.
Based on the report of investigation for the violation in the  WMP,  we  are
of the opinion the comments in the applicant’s EPR closing 25  January  2004
referencing her enrollment and failures in the  WMP  are  inappropriate  and
warrant being removed.  In addition, the rebuttal comments provided  by  the
applicant in response to her referral EPR should  also  be  removed  due  to
referencing the WMP comments.  However, we agree with the Air  Force  office
of primary responsibility that the remaining comments  in  her  EPR  are  an
accurate assessment of the  applicant’s  performance.   Accordingly,  it  is
recommended the record should 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:

      a. The bullet in Section V, Rater's Comments, "Continued enrollment in
weight management program;  received  counseling  for  two  failures  during
rating period" and the bullet in Section  VI,  Additional  Rater’s  Comments
“Continues  to  struggle  with  challenges  of  weight  management   despite
concern/counseling of leadership” in the EPR for period  ending  25  January
2004 be removed from her records.


      b. The rebuttal comments provided by the applicant in response to  the
referral EPR be removed.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 January 2006, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Janet I. Hassan, Member
            Ms. Renee M. Collier, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-2005-01818 was considered:

      Exhibit A.  DD Form 149, dated 20 May 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPP, dated 19 Oct 05.
      Exhibit D.  Letter, AFPC/DPF, dated 27 Oct 05.
      Exhibit E.  Letter, AFPC/DPPPR, dated 5 Oct 05.
      Exhibit F.  Letter, AFLSA/JAJM, dated 30 Jun 05.
      Exhibit G.  Letter, SAF/MRBR, dated 4 Nov 05.
      Exhibit H.  Applicant’s Rebuttal, dated 8 Nov 05.




                                  MICHAEL J. NOVEL
                                                   Panel Chair



AFBCMR BC-2005-01818




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:


           a. The bullet in Section V, Rater's Comments, "Continued
enrollment in weight management program; received counseling for two
failures during rating period," and the bullet in Section VI, Additional
Rater’s Comments “Continues to struggle with challenges of weight
management despite concern/counseling of leadership,” in the EPR for period
ending 25 January 2004 be removed from her records.


           b. The rebuttal comments provided by the applicant in response
to the referral EPR be removed.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency