RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03988
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her rank of Staff Sergeant (SSgt/E-5) be reinstated.
APPLICANT CONTENDS THAT:
She spoke to American Legion Members who told her Air Force
weight standards are continually changing and had changed after
she was discharged for not maintaining the proper weight.
She would have been able to complete her 20-year enlistment had
the standards been modified while she was still serving.
Additionally, the chow hall and medical facility never offered
low-calorie meals.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 29 Jan 81, the applicant entered the Regular Air Force.
On 15 May 85, she entered into the Air Force Weight Management
Program (WMP) and was expected to lose three pounds per month.
On 22 Jul 85 and 20 Aug 85, she received Letters of Reprimand
(LORs) for failing to make satisfactory progress on the WMP.
On 3 Sep 85, her supervisor vacated her appointment as a non-
commissioned officer.
On 23 Sep 85, she received an LOR for failing to make
satisfactory progress on the WMP.
On 11 Oct 85, Special Order AA-75 demoted the applicant from
Senior Airman to Airman First Class with a new date of rank of
14 Sep 81.
On 21 Nov 85, her commander recommended she be discharged under
the provisions of AFR 39-10, Airman Separation Manual, paragraph
5-26f, for unsatisfactory performance by exceeding weight
standards. She waived her right to consult counsel and submit
statements.
On 4 Dec 85, the Staff Judge Advocate found the separation
action legally sufficient.
On 11 Dec 85, the applicant received an honorable discharge.
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating there is no evidence of
an error or an injustice. The applicant contends she would not
have been demoted/discharged under weight policy standards that
were in affect after her separation. This contention is
irrelevant as airmen must be held to standards and policies in
affect at the time they are serving on active duty. The
applicants commander acted within his authority and according
to policies in affect at the time when he decided to demote her
for failure to maintain weight standards.
In accordance with AFR 39-30, Administrative Demotion of Airmen,
30 Jul 76, paragraph 3h., commanders may demote airmen for
failure to maintain weight within the ranges prescribed in AFM
160-1, attachment 1 (weight table), for airmen who have been
placed in a remedial weight control program according to AFR 50-
49, and who have failed to demonstrate their ability and
willingness to attain their medically prescribed weight.
The complete DPSOE evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by providing copies of a case study in
environmental medicine on jet fuel toxicity, a Department of
Veterans Affairs claim statement, and a medical evaluation from
a neurology staff physician.
The complete APPLICANT review 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 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. We took
notice of the applicants complete submission, including her
rebuttal documents, in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion the applicant has not been the victim
of an error of injustice. While we acknowledge the applicants
request to have her Staff Sergeant rank reinstated due to
current weight management program standards, this board notes
that standards in effect during the applicants service were the
standards to be adhered to by all Air Force service members at
that time. Because of this, we do not believe the applicant has
demonstrated evidence of an injustice, as compared to others in
her similar situation. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the
requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03988 was considered:
Exhibit A. DD Form 149, dated 20 Sep 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOE, dated 26 Nov 14.
Exhibit D. Letter, Applicant, undated. On or about 22 Nov 85, he failed to progress satisfactorily in the Air Force WMP by gaining 10 pounds instead of losing the 5 pounds required. On 30 Jan 89, the commander, Air Refueling Wing, , received the proposed demotion case against the applicant and agreed with the applicant’s commander that demotion action was appropriate, effective 30 Jan 89. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed this application...
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