RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03598 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. The Fitness Assessment (FA) dated 26 January 2012 be removed from the Air Force Fitness Management System (AFFMS). 2. The Enlisted Performance Report (EPR) rendered for the period of 1 February 2011 through 31 January 2012 be declared void and removed from his records (By amendment at Exhibit E). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He failed the contested FA due to a medical condition that prevented him from achieving a passing score. In support of the applicant’s appeal, he provides a personal statement, AF Forms 422, Notification of Air Force Member’s Qualification Status, dated 31 January 2012 and 26 September 2012, AF Forms 469, Duty Limiting Condition Report, dated 6 September 2012 and 7 May 2012. 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 staff sergeant. The applicant’s last five FA scores are as follows: DATE SCORE 23 December 2010 EXEMPT 15 July 2011 SATISFACTORY * 26 January 2012 UNSATISFACTORY 22 February 2012 SATISFACTORY 2 October 2012 EXCELLENT *Contested FA score. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIM recommends partial relief. DPSIM states the cardio, push-up, and sit-up components of the FA dated 26 January 2012 should be updated to reflect “exempt” in the AFFMS. The applicant’s overall composite score will reflect 88.00 (Satisfactory). Per AFI 36-2905 paragraph 4.3.2 “Component Exemption - Member is exempt from one or more components of the FA, but will be assessed on remaining components.” The applicant provided an AF Form 422 dated 31 January 2012 stating he should not accomplish the 1.5 mile run, 1 mile walk, push-up, and sit-up compentents of the FA. The DPSIM complete evaluation, with attachments, is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request to upgrade the EPR. DPSID states based upon the recommendation from AFPC/DPSIM, DPSIDE recommends denial to upgrade the EPR without the applicant furnishing a corrected report. However, should the applicant request to void the contested report, they would agree with AFPC/DPSIM’s actions and would recommend that the contested report be voided. The applicant contends that the contested referral “3” EPR he was rendered was unjust due to an underlying medical condition that prevented him from successfully passing his 26 January 2012 FA; thus, led to the fitness failure which resulted in a referral EPR. Prior to the applicant’s fitness test taken on 26 January 2012, he was diagnosed with a hiatal hernia causing esophageal reflux; however, the applicant was not placed on a physical profile at the time. Upon the applicant’s completion of his FA, he immediately reported to the Emergency Room based on his symptoms that occurred during the FA. The applicant provided medical documents to prove the diagnosis and a memorandum from his primary care manager (PCM), to have the contested fitness failure removed from the AFFMS. Changing the final rating from a “3” to a “4” is strictly prohibited in accordance with AFI 36-2401, paragraph A1.5.22 which states: (Reaccomplishing an Evaluation Report) “If you are requesting a report be reaccomplished, you must furnish a substitute report in your appeal case. The substitute report must be signed by the evaluators who signed the original report.” Further IAW AFI 36-2401, paragraph 1.3.7., it states that the Evaluation Report Appeals Board will not consider nor approve requests to reaccomplish a report without the applicant furnishing a new report. The DPSID complete evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states he would like to amend his request to have the EPR rendered for the period 1 February 2011 through 31 January 2012 removed from his records. The applicant’s complete response is at Exhibit F. ________________________________________________________________ _ 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. In regard to the contested FA, we believe the documentation provided by the applicant provides a reasonable basis to conclude that he should have been “exempt” from performing all components of the contested FA. The statement from the family practice provider dated 22 April 2012 and Chronological Record of Medical Care dated 30 January 2012 indicates the applicant’s medical condition precluded him from receiving passing scores on his FA. His condition limited his activities. It was further stated the applicant has no prior history of poor results on prior FAs. In view of the above, we believe the contested FA should be removed from the applicant’s records. In view of this and noting the recommendation of AFPC/DPSID, we agree the contested EPR should be declared void. Therefore, 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 Fitness Assessment (FA) dated 26 January 2012, be declared void and removed from the Air Force Fitness Management System (AFFMS). b. The AF Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period 1 February 2011 through 31 January 2012 be declared void and removed from his records. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-03598 in Executive Session on 13 August 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 August 2012, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 29 October 2012, w/atchs. Exhibit D. Letter, AFPC/DPSID, dated 5 March 2013. Exhibit E. Letter, SAF/MRBR, dated 22 March 2013. Exhibit F. Letter, Applicant, dated 15 April 2013.