RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04786 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her 2 Aug 2010 “Unsatisfactory” Fitness Assessment (FA) score be removed from the Air Force Fitness Management System (AFFMS). 2. The Enlisted Performance Report (EPR) rendered for the period 2 Sep 2009 through 1 Sep 2010 be declared void and replaced with a re-accomplished report covering the same period. 3. She be allowed to test for the rank of master sergeant (MSgt, E-7). ________________________________________________________________ APPLICANT CONTENDS THAT: On 4 Jan 2011, she was diagnosed with Churg-Strauss syndrome. This condition affects her physical capabilities. She is currently exempt from all portions of the FA with the exception of height, weight, and abdominal circumference. In a letter dated 17 Feb 2011, her doctor stated this condition may have impacted her previous FA scores. In support of her request, the applicant provides copies of her AF IMTs 422, Notification of Air Force Member's Qualification Status, corrected Enlisted Performance Report (EPR), Individual Fitness Assessment History, and supporting documentation from her doctor, supervisor and commander. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of technical sergeant (TSgt, E-6). The remaining relevant facts pertaining to this application, extracted from the applicant’s military records are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ THE AIR FORCE EVALUATION: HQ AFPC/DPSIM recommends denial to void the applicant’s FA dated 2 Aug 2010 from AFFMS. DPSIM states, the applicant does have a current AF IMT 422 on file which exempts her from all components of the FA except the abdominal circumference. After review of her fitness history, she was able to obtain passing scores with the exception of her 4 May 2010 and 2 Aug 2010 FA. Moreover, her fitness history reflects that she tested twice after the 2 Aug 2010 FA and was able to obtain a passing FA score before being put on profile that exempted her from all components except the abdominal circumference. The complete DPSIM evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: She was enrolled in an Air Force fitness training program from Sept through Oct 2010, which encompasses training for two hours each day, five days a week for six weeks. As a volunteer for the program, her goal was to improve both her overall fitness level and her FA score. While she was successful in achieving both, her success was only temporary because, only months after completing the course and receiving a satisfactory FA score her health began to deteriorate. In Jan 2011, during a five day hospital stay, she was diagnosed with Churg Strauss Syndrome. After her discharge she was placed on convalescent leave for 30 days and after successive medical treatment and testing, her diagnosis was changed to the auto- immune disease, Wegener’s Granulomatosis. Both diseases cause inflammation of blood vessels, which restricts blood flow to various organs. It affects the kidneys, lungs and upper respiratory tract where the restricted blood flow to these organs can cause massive damage. It is the danger of this disease and diagnosis of a pre-existing condition that has exempted her from the major components (running, crunches, push- ups) of the FA. Therefore, she submits to the Board that it was not due to the fitness program that she was able to have successful FA Scores, but rather in spite of this potentially life-threatening auto-immune disease that she was able to successfully complete and achieve a satisfactory FA score. She asserts that the factual data regarding her FA, her medical diagnosis, and doctor’s letter validating the diagnosis affected her FA. Her complete response is at Exhibit E. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the applicant’s request to have her 2 Aug 2010 “Unsatisfactory” FA score removed from the AFFMS. The BCMR Medical Consultant states the applicant wishes the Board to conclude that her fitness failure in Aug 2010 was attributable to the illness which presented, and was diagnosed five months later in Jan 2011. She states that her "Back to Basics" fitness course in Sep/Oct 2010, helped her successfully pass the fitness tests in Oct and Nov. She states "only months after completing the course and receiving a satisfactory score on the FA, my health began to deteriorate." The brief letter from her doctor speculates that the illness may have caused the applicant's fitness failure, but there is neither clinical information nor any discussion of possible pathophysiologic mechanisms to support that contention. Although the applicant speculates that her illness may have caused her fitness failure in Aug 2010 she does not tell us what symptoms were present which would have affected her performance. We do know that she was anemic (low hemoglobin) upon her presentation to the hospital in Jan 2011. However, anemia can present acutely or chronically. However tempting it is to speculate about the onset of this very serious medical condition, we have no information to assess whether the anemia, or any other sign or symptom of this disease, was present at the time of her fitness failure in Aug 2010. Consequently, we have no information which would be sufficient to meet the burden of proof of error or injustice. In order to remove the unsatisfactory score, the Board would require some medical evidence, rather than just speculation, that the disease was both symptomatic and limiting at the time of her fitness failure. The Medical Consultant concludes that the applicant has not met the burden of proof of an error or injustice that warrants the desired change of the record. The complete BCMR Medical evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In several email communiqués, the applicant provided a personal statement, copies of a Medical Evaluation Board Summary, Report of Medical Board and scientific literature from her Primary Care Manager (PCM). She understands the reason for recommending denial was based on the Board not having any information which would be sufficient to meet the burden of proof or error or injustice. In order to remove the unsatisfactory FA score, the Board will require some medical evidence, rather than just speculation that the disease was both symptomatic and limiting at the time of her fitness failure. In regards to that medical evidence, she adds the following amplifying remarks: Her previous PCM, who treated her at the time of her previous FA failures, prescribed her an inhaler to help with her Asthma, which is a corticosteroid steroid instrumental in treating such diseases as Churg-Strauss Syndrome and Wegener’s Granulomatosis. As a result of him prescribing the inhaler and a rigorous Back to Basics Course, she was able to pass two subsequent FAs. Furthermore, her PCM has provided scientific literature to support Asthma as a component of prodromal Churg-Stauss Syndrome, the disease in which she was previously diagnosed. The literature that he provided also states that Asthma exhibits granulomatosis vascular change. In summary, her PCM was treating her at the time of her FA failures. He prescribed a corticosteroid inhaler to help her pass subsequent tests. The Asthma that she was experiencing at the time of her FA failures was attributed to the disease she currently has. It is for these reasons that she respectfully requests the Board grant her request to remove her unsatisfactory FA dated 2 Aug 2010. Her complete submission, with attachments, is at Exhibit H. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief. After careful consideration of the applicant’s complete submission we believe it to be in the interest of justice to grant the requested relief. We note the recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant to deny the requested relief. However, their recommendations appear to be based primarily on the fact the actions taken against the applicant were properly executed in accordance with governing policy. We too fail to find that any of the actions taken were improper at the time of execution or were not done in accordance with pertinent policy. Nevertheless, we must note that this Board may base its decisions on matters of equity and justice, rather than simply on whether rules and regulations were followed. After reviewing the documentation submitted, we believe, the applicant has provided sufficient evidence to support her request. In this respect, we note the applicant’s treating physician opines that the disease diagnosed in Jan 2011 was likely the cause of her FA failures and in the interest of justice we believe her FAs dated 4 May 2010 and 2 Aug 2010 should be removed from her records. Moreover, since her referral EPR was based on the unsatisfactory FAs, it should also be removed. In view of the above, 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 APPLICANT, be corrected to show that: a. Her fitness assessments dated 4 May 2010 and 2 Aug 2010 be declared void and removed from the Air Force Fitness Management System. b. The AF Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period 2 Sep 2009 through 1 Sep 2010, be declared void and removed from her records. c. The attached AF Form 910, rendered for the period 2 Sep 2009 through 1 Sep 2010 be placed in her records. It is further directed that she be provided supplemental consideration for promotion to the grade of master sergeant for all appropriate cycles beginning with cycle 11E7. If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application, that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the board for a final determination on the individual's qualification for the promotion. If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that she was promoted to the higher grade on the date of rank established by the supplemental promotion and that she is entitled to all pay, allowances, and benefits of such grade as of that date. _______________________________________________________________ The following members of the Board considered this application in Executive Session on 25 Sep 2012, 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 in AFBCMR BC-2011- 04786: Exhibit A. DD Form 149, dated 19 Nov 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIM, dated 15 Feb 2012, w/atch. Exhibit D. Letter, SAF/MRBR, dated 6 Mar 2012. Exhibit E. Letter, Applicant, dated 7 Apr 2012. Exhibit F. Letter, BCMR Medical Consultant, dated 25 Jul 2012. Exhibit G. Letter, SAF/MRBC, dated 25 Jul 2012. Exhibit H. Letter, Applicant, undated, w/atchs. Panel Chair