RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04745 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The Air Force Fitness Management System (AFFMS) record be updated to remove the duplicate entry for her 25 Jan 05 Fitness Assessment (FA) results (Administratively resolved). 2. Her FAs, dated 26 Aug 08 and 28 Oct 08, be declared void and removed from the AFFMS. ________________________________________________________________ APPLICANT CONTENDS THAT: The results of her 25 Jan 05 FA is entered twice in the AFFMS. Her FAs on 16 Aug 08 and 25 Aug 08 were inappropriately administered, resulting in failing scores and unjustly causing her Enlisted Performance Report (EPR) for the period 18 Oct 07 through 28 Oct 08 to be a referral EPR. Based upon the decision of the AFBCMR in her earlier case (BC-2010-02102), her referral EPR was voided and expunged from her record. Since the two FAs in question were the cause of the referral EPR, they should be removed from her record as well. In support of her request, she provides an expanded personal statement, and copies of her Air Force Forms 422, Notification of Air Force Member’s Qualification Status, documents related to her FA history, two memoranda supporting the EPR removal, a Chronological Record of Medical Care, and documentation from her previous case before the AFBCMR. 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 technical sergeant (E-6). Due to medical issues, on 31 Jul 08 she was put on a medical profile which precluded her from accomplishing the crunches (sit ups) portion of the FA. On 20 Oct 08, her medical profile was extended to 12 Jan 09. She failed to meet the minimum fitness standards on two consecutive FAs: on 26 Aug 08 with a score of 69.72, and on 28 Oct 08, with a score of 55. As a result, she received a referral EPR for the period 18 Oct 07 through 28 Oct 08, which rendered her ineligible for promotion. On 1 Jan 09, she passed her FA (still exempt from crunches). On 24 Apr 10, she petitioned the AFBCMR (Docket Number BC-2010- 02102) to void her referral EPR for the period 18 Oct 07 through 28 Oct 08, contending she was not given sufficient time to adjust to the new workout plan given to her by her doctors. A majority of the Board determined the evidence she presented did not demonstrate the existence of material error or injustice. However, on 13 Apr 11, after careful consideration of all factors involved, the Secretary’s designee, in the exercise of his discretionary authority, did not concur with the determination of a majority of the Board and directed the applicant’s military records be corrected to reflect that her referral EPR be voided and expunged from her record, and her date of rank to TSgt be changed to 1 Feb 09. The Secretary’s designee based his rationale for voiding and removing her referral EPR on the fact that the evidence she presented cast doubt on whether the FAs were appropriately administered. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIM recommends denial indicating there is no evidence of an error or injustice. Although the applicant was diagnosed with Gastro Esophageal Reflux Disease (GERD), there is no clear evidence the disease prevented her from achieving a passing fitness assessment. She had an AF IMT 22, Notification of Air Force Member’s Qualification Status, on file which cleared her to perform the cycle ergometry, pushups, and abdominal circumference portions of the FA at the time. Even if on a medical profile, military members are still required to take their FA on the components not exempt. She tested on 26 Aug 08 which was 3 days prior to the expiration date of her medical profile, dated 30 Jul 08. She tested again on 28 Oct 08 on the components (same as previous profile) listed on her AF IMT 422, dated 20 Oct 08. Both fitness assessments were administered in accordance with Air Force policy. The complete HQ AFPC/DPSIM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 Mar 12 for review and comment within 30 days. As of this date, no response has been received by this office. (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant claims the previous decision to remove a referral EPR from her record should logically result in the removal of the contested Fitness Assessment (FA) scores as they formed the basis of the now removed Referral EPR. After a thorough review of the evidence of record and the applicant’s complete submission, we agree. We note the comments of the Air Force office of primary responsibility (OPR) indicating the contested FAs were carried out appropriately and in accordance with Air Force policy. However, in view of the fact the Secretary’s designee, in considering the applicant’s previous request, found the evidence was sufficient to cast doubt as to whether the FAs were appropriately administered, we believe it appropriate to resolve any doubt in this matter in the applicant’s favor. We note the applicant’s request related to the duplicate entry in the AFFMS related to her 25 Jan 05 FA score has been resolved administratively. Therefore, to preclude the possibility of an injustice to the applicant, we recommend her records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that her Fitness Assessments (FAs), dated 26 Aug 08 and 28 Oct 08, were declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04745 in Executive Session on 14 Jun 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 24 Feb 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 12 Mar 12. Panel Chair