RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04041 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His fitness assessment tests, dated 6 October 2010 and 12 January 2011, be removed. 2. His Enlisted Performance Report (EPR) for the period of 21 November 2009 through 20 November 2010, be removed. _________________________________________________________________ APPLICANT CONTENDS THAT: After multiple complaints of ankle pain, an MRI taken on 19 October 2010 revealed that he had a fractured fibula and torn ligaments in his right ankle. Unfortunately, the MRI was not read by his Primary Care Manager (PCM) until 4 February 2011, after which he was quickly scheduled for surgery. During that time, he took two fitness tests that resulted in unsatisfactory. He requests his records be corrected to reverse this injustice and restore the stellar career status which he held prior to this incident. In support of his request, the applicant provides a statement from his PCM. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of staff sergeant (E-5). The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force which are at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. On 6 October 2010, the member was exempt from the cardio component of the test. He met the requirements for the push up and sit up components, but failed the abdominal component of the test. On 12 January 2011, the member did not meet the minimum requirement for the cardio and abdominal components of the test. Although the applicant’s diagnosis has been confirmed, no physician has indicated that his injury contributed to his inability to pass his fitness assessment. The complete DPSIM evaluation is at Exhibit C. AFPC/DPSID recommends denial. The applicant did not file an appeal through the Evaluation Reports Appeals Board. An advisory opinion prepared by AFPC/DPSIM recommends denial of the applicant’s request. Based on this recommendation, they cannot support any correction of the contested EPR. An EPR is the rating chains best judgment at the time it is rendered. Once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record. The applicant has not substantiated the contested report was not rendered in good faith by all evaluators. 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 10 February 2012, for review and comment within 30 days (Exhibit E). 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence presented, we are not persuaded that the fitness assessment or the contested report is erroneous or unjust as recorded. Therfore, we agree with the opinions and recommendations of the Air Force offices of responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD RECOMMENDS 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 AFBCMR Docket Number BC-2010-04041 in Executive Session on 8 May 2012 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 1 Dec 11. Exhibit D. Letter, AFPC/DPSID, dated 23 Jan 12. Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12. Panel Chair