RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00063
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her selection for promotion to the grade of staff sergeant (E-5)
effective 1 October 2001, be reinstated. In addition, her
reentry (RE) code of 2X (first-term, second-term, or career
airman considered but not selected for reenlistment under the
Selective Reenlistment Program) be changed to 4D (grade is
senior airman or sergeant, completed at least nine years Total
Active Federal Military Service, and has not been selected for
promotion to staff sergeant), so she can return to active duty or
join the Air Force Reserve or Air National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her promotion to staff sergeant was withheld, not taken away.
She had a pending medical diagnosis prior to her promotion
effective date. The physician was unable to complete his
research of the diagnosis and she was unjustly forced out of the
Air Force during the Date of Separation Rollback Program in 2004,
because her reenlistment was denied. Since her discharge, she
has been diagnosed with a medical condition by a civilian
provider that is comparable with the preliminary diagnosis from
her military provider.
In support of her appeal, the applicant provides two personal
statements and copies of a character reference, promotion
reinstatement package, medical documentation, and an information
paper concerning Polycystic Ovarian Syndrome (PCOS).
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 July 1995, the applicant enlisted in the Regular Air Force
at the age of 18 in the grade of airman basic (E-1). She was
progressively promoted to the grade of senior airman (E-4)
effective 2 January 1998. She was placed in the Weight
Management Program (WMP) in January 2001 after a six-month
profile for pregnancy expired. She was considered and
tentatively selected for promotion to staff sergeant during cycle
01E5. She received a promotion selection number which would have
incremented on 1 October 2001. In September 2003, she received a
Letter of Reprimand and had an Unfavorable Information File
established for failure to maintain Air Force weight and body fat
standards. On 26 September 2001, she was notified that her
commander was withholding her promotion to staff sergeant in
accordance with Air Force Instruction 36-2502, after her second
unsatisfactory weigh-in on 27 September 2001. She remained
ineligible for promotion consideration for cycles 02E5 and 03E5
based on her continued failure to maintain weight/body fat
standards. She was ineligible for promotion consideration for
cycle 04E5 based on her denial/non-selection for reenlistment.
These actions led to her placement in Reenlistment Eligibility
Code 3B (first or second term or career airman ineligible to
reenlist, ineligibility condition no longer exists). On 22 March
2004, she received notification that her Enlisted Performance
Report for the period 2 August 2003 through 27 February 2004 was
referred due to her not meeting fitness standards. On 2 April
2004, her supervisor initiated an AF Form 418, Selective
Reenlistment Program Consideration, not recommending the
applicant for reenlistment, citing her failed fitness status in
the almost three year enrollment in the Weight Body Fat
Management Program (WBFMP). On 4 April 2004, her commander
concurred with the recommendation and non-selected the applicant
for reenlistment. The applicant acknowledged the commanders
decision on 6 April 2004 and indicated her intent to appeal;
however, she did not turn in an appeal by the established appeal
date.
The applicant was discharged effective 9 December 2004 with a
separation code of JBK (completion of required active service)
and an RE code of 2X.. She served 9 years, 4 months, and
21 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denying the applicants request to change
her RE code. DPSOA states the applicant has provided no evidence
of error or injustice; nor did she provide any evidence to
support a change to her RE code.
The complete DPSOA evaluation is at Exhibit C.
AFPC/DPSOE defers to the recommendation of DPSIMC (office of
primary responsibility for the WBFMP). Should the Board find in
favor of the applicants request regarding reinstatement of her
line number and give her a favorable reenlistment code, they
could direct, if and when she reenters active duty, that her
grade be senior airman with a projected promotion to staff
sergeant with a date of rank of 1 October 2001. Since the
applicant never attended Airmen Leadership School before
discharge, her promotion would need to be placed in a withhold
status pending completion of Professional Military Education.
The complete DPSIM evaluation is at Exhibit D.
AFPC/DPSIM indicates that due to the applicants failure to
submit sufficient documentation from her WBFMP file, they assume
the WBFMP was administered in accordance with Air Force
Instruction 40-502.
The complete DPSIM evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 26 June 2009, for review and comment within 30 days
(Exhibit F). As of this date, this office has received no
response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicants
request for reinstatement of her promotion to staff sergeant and
a change in her reentry code. The BCMR Medical Consultant finds
insufficient evidence to support or justify a change in the
applicants reentry code. With regard to her request for
restoration of her promotion to staff sergeant, the BCMR Medical
Consultant acknowledges there has been an appearance of
irregularities committed; however, unless the applicant is
allowed to resume her military service via a change in reentry
code, restoration of her rank would serve no measurable purpose.
The complete BCMR Medical Consultant evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the BCMR Medical Consultant evaluation was forwarded to
the applicant on 18 September 2009, for review and comment within
30 days (Exhibit H). As of this date, this office has received
no response.
_________________________________________________________________
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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case, and while we conclude there may have been
some questions concerning the timeline of events relevant to the
applicants weigh-ins under the WMP, we are not convinced her
commanders decision to not select her for reenlistment or the
subsequent RE Code given at the time of her discharge were
inappropriate. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the
relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 1 December 2009, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2009-00063:
Exhibit A. DD Form 149, dated 9 Dec 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 9 Mar 09.
Exhibit D. Letter, AFPC/DPSOE, dated 18 Jun 09.
Exhibit E. Letter, AFPC/DPSIM, not dated.
Exhibit F. Letter, SAF/MRBR, dated 26 Jun 09.
Exhibit G. Letter, BCMR Medical Consultant, dated 14 Sep 09.
Exhibit H. Letter, SAF/MRBR, dated 18 Sep 09.
Panel Chair
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