RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-02447
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reinstated to the rank of senior airman (SrA).

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APPLICANT CONTENDS THAT:

There were discrepancies in  the  handling  of  his  Weight  and  Body  Fat
Management Program (WBFMP) case and his WBFMP manager did not  comply  with
AFI 40-502, The Weight Management Program.  Specifically, the WBFMP manager
did not have an assistant and did not request medical clearance or schedule
diet counseling IAW 40-502. Memorandums issued to satisfy AFI  requirements
were not  followed  by  the  WBFMP  manager  or  squadron  commander.   Six
different individuals measured his neck  and  waist  length.   Measurements
were not consistent with AFI 40-502 and skewed  the  body  fat  percentages
significantly.  A caliper test was completed with a 3%  difference  between
the tape and caliper measurements.  He maintained a  professional  military
appearance.  His work performance was exceptional; however, WBFMP  failures
and incorrect measurements prevented his promotion testing  opportunity  to
the grade of staff sergeant (SSgt), he  was  subsequently  demoted  to  the
grade of airman first class (A1C), then discharged.

In support of his request, the applicant submits a copy of his DD Form 214,
Certificate of Release or Discharge from Active  Duty;  copies  of  his  AF
Forms 910, Enlisted  Performance  Report;  AF  Forms  108,  Weight  Program
Processing; AF Forms 393,  Individual  Record  for  Weight  Management  and
Wellness Improvement Training Programs; Letters of Reprimand, his discharge
package and various other documents extracted from his military records.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  6  December  1989,  in  the
grade of airman basic.  On 5 January 1995, he  was  identified  as  weighing
203 pounds and (21.5 lbs over) measuring 27% body fat  (7%  over).   He  was
entered into the WBFMP on 11 May 1995, weighing 189 lbs (7.5 lbs  over)  and
measuring 23% body  fat  (3%  over).   He  failed  to  achieve  the  minimum
established weight or body fat goals on seven different occasions.

He was considered for promotion to SSgt during cycles 94A5 and 95A5 and  was
not selected for promotion.  He tested  for  cycle  96E5  but  was  rendered
ineligible when he was placed into Phase I (exceeding body fat  percentages)
of the WBFMB.  In accordance with AFI  36-2502,  Airman  Promotion  Program,
individuals placed in Phase I are ineligible  for  promotion  consideration.
On 25 April 1997, he was administratively demoted to the rank of  A1C  after
five failures in the WBFMP.

On 14 July 1997, he was honorably discharged in the grade of A1C.

He served seven years, seven months and nine days on active duty.

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AIR FORCE EVALUATION:

HQ  AFPC/DPSIMC  recommends  denial.   DPSIMC  states   AFI   40-502   gives
commanders several options before  placing  members  on  the  WBFMP.   These
options were documented  and  identified  to  the  applicant  by  his  WBFMP
manager and commander.  Commanders may consider members for an  upward  body
fat standard adjustment if the member is identified as  over  the  body  fat
limits according to the body fat percentage charts but otherwise presents  a
professional military appearance.  According to his commander,  he  did  not
meet the criteria listed above, hence  his  placement  on  the  WBFMP.   His
commander  documented  all   instances   where   he   failed   to   progress
satisfactorily.  Additionally, his individual record for  weight  management
was documented on AF Form 393 for each instance he was  weighed  and  taped.
The record was properly annotated to reflect any weight gain or  loss.   His
commander  documented  dietary  and  exercise  counseling  via  memorandums.
Although none of his AF Forms 108 are  documented  in  section  3,  “Medical
Evaluation Results”; the weight and body fat measurements were  administered
and recorded IAW AFI 40–502.  His case file gives  no  indication  that  the
entire  program  was  jeopardized  by  inconsistencies,   improper   program
management, or erroneous placement on the program.

The complete DPSIMC evaluation is at Exhibit B.

HQ AFPC/DPSOE recommends denial of his  request  for  reinstatement  to  the
rank of SrA.  DPSOE states the policy of rendering an individual  ineligible
for promotion in Phase I of the WBFMP was made 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  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 the other  ineligibility  conditions.   If  on  or
after the promotion eligibility cutoff  date  of  the  respective  cycle,  a
member is in one of these conditions, he/she is ineligible  for  the  entire
cycle.  This means a member cannot test and cannot be considered if  already
tested and their projected  promotion  is  cancelled  if  already  selected.
DPSOE  states  the  commander   was   acting   within   his   authority   to
administratively demote him for failure to  maintain  weight  standards  and
they concur with the commander’s recommendation.

The complete DPSOE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant  on  19
September 2008 for review and comment within 30 days.   As  of  this  date,
this office has received no response (Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
available evidence and the  applicant’s  complete  submission,  we  find  no
evidence which would persuade us that the applicant should be reinstated  to
the rank of SrA.  We agree with the opinions and recommendations of the  Air
Force offices of primary responsibility and adopt  their  rationale  as  the
basis for our conclusion that  the  applicant  has  failed  to  sustain  his
burden of proof of the existence of an error or injustice.  In  the  absence
of evidence to the contrary, we find no  basis  to  recommend  granting  the
relief sought in this application.

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RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of  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  Docket  Number  BC-2008-02447
in Executive Session on 5 November 2008, under the  provisions  of  AFI  36-
2603:

                 Ms.  Charlene M. Bradley, Panel Chair
                 Mr.  Garry G. Sauner, Member
                 Ms.  Lea Gallogly, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 25 June 2008, w/atchs.
      Exhibit B.  Letter, HQ AFPC/DPSIMC, dated 25 August 2008.
      Exhibit C.  Letter, HQ AFPC/DPSOE, dated 4 September 2008.
      Exhibit D.  Letter, SAF/MRBR, dated 19 September 2008.




                                   CHARLENE M. BRADLEY
                                   Panel Chair