RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02102 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her Enlisted Performance Report (EPR) rendered for the period 18 October 2007 through 28 October 2008 be voided and permanently removed from her records. 2. Her line number for promotion to technical sergeant (E-6) be reinstated. _________________________________________________________________ APPLICANT CONTENDS THAT: She was given a physical training (PT) test on 26 August 2008, three weeks after receiving a profile. She was given insufficient time to adjust to the new workout plan given to her by her doctors. She was told to just lose weight and her symptoms would go away; however, she was not able to work out as instructed due to severe nausea and stomach pain caused by Gastro Esophageal Reflux Disease (GERD). In addition, she has Graves Disease which is a thyroid condition that causes unexpected weight gain/loss, shortness of breath, and rapid heart rate. During this timeframe, she failed two PT tests and lost her line number for promotion to technical sergeant. In support of her appeal, the applicant provides a personal statement; copies of the contested EPR, notification letter, and rebuttal; copies of medical history documents; copies of two AF Forms 422, Notification of Air Force Member’s Qualification Status; a copy of Deferral of Promotion Notification, copies of letters of support; and a copy of the Evaluation Reports Appeal Board (ERAB) appeal. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of staff sergeant (E-5). Due to the applicant’s medical issues, an Air Force Form 422, dated 31 July 2008, was issued indicating she was not medically cleared for the physical testing crunch assessment through 29 August 2008; however, she was cleared for cycle ergometry assessment, push-up assessment, and abdominal circumference assessment. An Air Force Form 422, dated 20 October 2008, extended the applicant’s profile until 12 January 2009. The applicant failed minimum fitness standards on two consecutive occurrences, 26 August 2008 with a score of 69.72, and on 28 October 2008 with a score of 55. She was subsequently notified by her commander that her promotion, which was to be effective 1 February 2009, was deferred until 1 May 2009 based on her failing to meet physical standards. The applicant acknowledged receipt and submitted a rebuttal to the notification on 10 November 2008. Following the referral of her EPR, the applicant became ineligible for promotion in accordance with Air Force Instruction 36-2502, Table 1.1, Rule 22. The remaining relevant facts, extracted from the applicant’s service records, are contained in the advisory opinions prepared by the Air Force offices of primary responsibility at Exhibits B, C, and D. _________________________________________________________________ AIR FORCE EVALUATION: AF/A1PP recommends denial. A1PP states that upon review of the applicant’s record, there is no evidence that her failed fitness assessment test on 26 August 2008 was unusual or due to a medical condition. The applicant has a long history of poor fitness test performance as well as a long history of profiles for varying causes. Between September 2004 and January 2009 she had 12 PT tests documented. On several of these tests she did the bike assessment and was able to achieve a passing score. However, she was never able to achieve a passing score while running and had poor performances on 9 of her 12 PT tests. The test on 26 August 2008 was performed using the bicycle test. She was continually encouraged to lose weight and given low-impact exercise recommendations that were in keeping with her medical conditions. Her weight gain cannot be blamed on her conditions of GERD or Graves Disease. Furthermore, symptoms of GERD are not commonly a significant factor limiting exercise and cannot be used to excuse her poor performance on PT tests over the time documented. The complete AF/A1PP evaluation is at Exhibit B. AFPC/DPSOE defers to the recommendation of DPSID regarding the removal of the contested EPR. DPSOE states the applicant was considered and tentatively selected for promotion to the grade of technical sergeant during cycle 08E6. She received Promotion Sequence Number (PSN) 3452.0 which would have incremented on 1 February 2009. However, the fact she received a referral EPR rendered her ineligible for promotion. The complete AFPC/DPSOE evaluation is at Exhibit C. AFPC/DPSID recommends denial. DPSID states there is no evidence the contested EPR is unjust or inaccurate. The applicant did file an appeal through the ERAB; however, her request was denied. The applicant provided a physician’s statement stating she was not given enough time to prepare for her fitness test; however, in accordance with Air Force Instruction 10-248, Fitness Program, paragraph 1.27, it is the member’s responsibility to maintain a healthy lifestyle. Although the physician states she should not have tested on 26 August 2008 because of inadequate time to prepare, it does not excuse her failure on 28 October 2008, given the applicant had enough time to prepare for her next test. The applicant was tested in accordance with Air Force Instruction 10- 248 and failed to meet the minimum standard. Her referral EPR was properly documented based on the fitness scores. An evaluation report is considered to represent the rating chain’s best judgment at the time it is rendered. Once a report is accepted for file, only strong evidence to the contrary warrants removal of the report from the applicant’s record. The evidence does not substantiate the applicant’s request to void her contested report. The complete DPSID evaluation is at Exhibit D _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 February 2011 for review and response within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD DETERMINES 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. After a thorough review of the available records, the majority of the Board found no evidence that the applicant’s referral EPR is unjust or inaccurate. The applicant’s contentions are duly noted; however, the majority of the Board believes she did not provide sufficient documentary evidence to substantiate her claim that she was not given sufficient time to work on her health issues that prevented her from passing her fitness test. We note she provides a doctor’s statement indicating she was not given adequate time to prepare for her 26 August 2008 fitness test; however, she does not provide evidence to support that she did not have adequate time to prepare for the fitness test she failed on 28 October 2008. In accordance with Air Force Instruction 36- 2502, table 1.1, Rule 22, receipt of a referral report renders a member ineligible for promotion; therefore, a majority of the Board recommends denying her request to reinstate her line number for promotion to technical sergeant. In view of the above, the majority of the Board finds no basis to favorably consider this application. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02102 in Executive Session on 15 March 2011, under the provisions of AFI 36-2603: Panel Chair Member Member By a majority vote, the Board recommended denial of the application. XXX voted to correct the record as requested and provided a minority report (Exhibit F). The following documentary evidence for AFBCMR Docket Number BC-2010-02102 was considered: Exhibit A. DD Form 149, dated 27 Apr 10, w/atchs. Exhibit B. Letter, USAF/A1PP, dated 27 Jul 10. Exhibit C. Letter, AFPC/DPSOE, dated 1 Oct 10. Exhibit D. Letter, AFPC/DPSID, dated 7 Jan 11. Exhibit E. Letter, SAF/MRBR, dated 4 Feb 11. Exhibit F. Letter, Minority Report, dated 15 Mar 11. Panel Chair