RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-00302 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be exempted from the cardio components of his fitness assessments (FA), dated 13 May 2010, 30 June 2010 and 30 November 2010. 2. The referral Enlisted Performance Report (EPR) with the close-out date of 2 August 2010, be substituted with the attached EPR. 3. His promotion to master sergeant during the FY10 promotion cycle be reinstated. ________________________________________________________________ APPLICANT CONTENDS THAT: He has had an unknown medical condition since 2009. He was referred to an off-base gastrologist in early June 2010 who diagnosed him with acid reflux. Still experiencing pain, he failed the June and November FAs. After the last FA, he deployed and could not seek further medical care. Upon his return from deployment, he was seen by another gastroenterologist who conducted a colonoscopy on 28 October 2011. He was diagnosed with an appendiceal mass located on his appendix and lower right colon. The biopsy results classified it as sessile serrated adenoma polyps (pre-cancerous). The mass was surgically removed on 28 November 2011. His medical condition contributed to his FA failures. Further, it affected the cardio portion due to the pain and cramping during aerobic activity. As a result of the failed FAs, he received a referral EPR. Had he been properly diagnosed, this matter could have been resolved sooner. 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. The applicant received “poor” results on his 13 May 2010 and 30 June 2010 FAs. On 30 November 2010, he received an “unsatisfactory” result. Due to these failures, he received a referral EPR. The applicant was considered and tentatively selected for promotion to master sergeant during CY10E7. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends approval for the direct reinstatement of the applicant’s promotion to master sergeant, should his FAs and referral EPR be removed. The applicant was considered and tentatively selected for promotion to the grade of master sergeant during CY10E7. His promotion sequence number was 1022.0 which would have incremented on 1 October 2010. However, the referral EPR rendered him ineligible for promotion and his line number was removed. Should the Board remove the three FAs and the referral EPR, his promotion to master sergeant should be directly reinstated for cycle CY10E7. The complete DPSOE evaluation is at Exhibit B. AFPC/DPSIM recommends approval of the applicant’s request to exempt the cardio portions of his FAs dated 13 May 2010, 30 June 2010 and 30 November 2010. The applicant was evaluated and has provided documentation from his medical facility provider. This documentation indicates that he had a medical condition that precluded him from achieving a passing score on his FAs. Accordingly, the cardio portions of the FAs should be removed. The applicant will then have passing scores on the aforementioned assessments. The complete DPSIM evaluation, with attachment, is at Exhibit C. AFPS/DPSID recommends approval of removing the referral EPR and substituting it with the proposed non-referred EPR should the Board approve the applicants request regarding his assessments. The applicant filed an appeal through the Evaluation Report Appeals Board (ERAB). Due to the nature of the case, he was advised to file with the Air Force Board for Correction of Military Records. The applicant requests to have the contested EPR, which commented on a FA failure substituted within his permanent record. The proposed EPR omits the negative comment referencing the fitness failure and changes the “Does Not Meet” in section III, block three. It also corrects any additional rater comments in section V to reflect a non-referred report. The applicant has provided a letter from the treating physician stating his underlying medical condition existed during the time of the failed assessments and lent itself to the applicant’s inability to pass the FAs. The proposed EPR was been completed in accordance with Air Force policies and procedures. Further, the rating chain has sufficiently supported and validated the request to substitute the contested EPR for the revised non- referred EPR. The complete DPSID evaluation, with attachments, is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 August 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice to warrant relief. After a thorough review of the evidence of record and the applicant’s submission we believe relief is warranted. Based on the supporting documentation provided, we find the applicant’s undiagnosed medical condition had a direct impact on his ability to pass the referenced fitness assessments and therefore agree with the office of primary responsibility that the cardio portion of the fitness assessments (FA) dated 13 May 2010, 30 June 2010 and 30 November 2010 should be corrected to reflect “exempt” in AFFMS. Since we have favorably considered the correction to the applicant’s FAs, we agree to correct the applicant’s EPRs and direct his reinstatement of promotion to master sergeant. Accordingly, we recommend the 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. The cardio component of the fitness assessments dated 13 May 2010, 30 June 2010 and 30 November 2010, be amended to reflect “exempt” in the Air Force Fitness Management System (AFFMS). b. The AF Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period 8 March 2010 through 2 August 2010, be declared void and removed from his records and the attached reaccomplished EPR be accepted for file in its place. c. He was promoted to the grade of master sergeant (E-7) effective and with a date of rank of 1 October 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-00302 in Executive Session on 12 February 2013 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Jan 12, w/atchs. Exhibit B. Letter, AFPC/DPSOE, dated 27 Apr 12. Exhibit C. Letter, AFPC/DPSIM, dated 12 Jul 12, w/atch. Exhibit D. Letter, AFPC/DPSID, dated 17 Aug 12, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 28 Aug 12. Panel Chair