RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02171 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His Fitness Assessment (FA), dated 16 Apr 12, be removed from the Air Force Fitness Management System (AFFMS). 2. His referral Enlisted Performance Report (EPR), rendered for the period 2 May 11 through 1 May 12, be corrected to reflect there was no FA failure. 3. His line number for the grade of master sergeant (E-7) be reinstated. APPLICANT CONTENDS THAT: 1. The contested FA failure was a result of a medical condition. While running before the contested FA, he began to experience some pain and lack of movement within his hip. He stretched more and tried to work through it, based on his Security Forces mentality to “suck it up and press on,” thinking it was nothing serious. He had not failed an FA in over six years despite past injuries. This failure prompted him to seek medical attention for his hip and he was referred to Orthopedics; his tests revealed a hinge impingement in his right hip. The final test, scheduled for 15 Aug 12 revealed that he had a labral tear in his right hip. 2. His referral “4” EPR was rendered as a result of the contested FA failure. Due to his lengthy medical evaluation, his EPR was closed-out on 19 June 12 as a referral after the appeal process. 3. He lost his line number for master sergeant (E-7) as a result of the contested EPR. His stripe that he earned should be reinstated since his medical condition was the contributing factor to his FA failure. 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 (E-6). On 16 Apr 12, the applicant participated in the contested FA, and attained an overall composite score of 73.20, resulting in an unsatisfactory rating. On 30 May 12, the applicant signed a Promotion Statement of Understanding from the Air Force Personnel Center (AFPC) indicating that he had been informed of his selection for promotion to the grade of master sergeant (E-7), that he accepted the promotion, that he had taken action to withdraw any pending or approved retirement application, and that he agreed to obtain retainability for the required two-year Active Duty Service Commitment (ADSC) prior to the effective date of promotion. On 7 Jun 12, the contested EPR was referred to the applicant for a “does not meet” standards rating in Block III, Fitness, and comments. On 29 Jun 12, a medical provider determined that the applicant required a right hip arthroscopy and scheduled him for the procedure on 15 Aug 12. On 30 Jun 12, the applicant provided a response to the contested referral EPR indicating he made an honest attempt to pass the contested FA; however, he realized that due to his hip pain and past injuries (having had an AF Form 422, Notification of Air Force Member’s Qualification Status – requiring he only accomplish the walk assessment in Sept of 11), he should have sought medical attention prior to the FA. He also indicated he was not made aware until two days prior to the promotion results were published that he would not be promoted and wear the stripe he earned. He reiterated that his contested FA failure was the result of his medical condition which was under evaluation based on tests on 19 and 29 June 12 that were inconclusive and not due to lack of motivation to adhere to fitness standards. He also indicated that he loved the military and had no major problems since being assigned to his current unit in 2006 and believed he was a strong asset to the Air Force. On 2 Jan 14, the Fitness Assessment Appeals Board (FAAB), disapproved the applicant’s request to remove the contested FA failure due to insufficient evidence; specifically, no commander invalidation. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request for removal of the contested FA failure due to insufficient supporting documentation. Although the applicant provides his orthopedic surgeon’s memo dated 5 Jan 12, certifying the applicant had a medical condition (a hip injury) contributing to his inability to perform the contested FA, he has not provided documentation from the Unit Commander indicating his/her decision to invalidate the FA. IAW AFI 36-2905, Fitness Program, AFGM 3, dated 3 Jan 12, paragraph 10a, “If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results.” A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. AFPC/DPSIDE recommends denial of the applicant’s request for removal of his referral EPR for the period 2 May 11 through 1 May 12. They note that he has not exhausted administrative remedies by appealing to the ERAB under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports. Although the applicant provided a memo corroborating his medical condition from his orthopedic surgeon, he provided no AF Form 469, Duty Limiting Condition Report, or AF Form 422, Notification of Air Force Member’s Qualification Status, confirming his fitness limitations. As such, the evaluation was completed appropriately and within regulatory Air Force requirements. An evaluation report is considered to represent the rating chain’s best judgment at the time it is rendered; once a report is accepted for file, only strong evidence warrants correction or removal from an individual’s record. To effectively challenge an evaluation, it is necessary to hear from all members of the rating chain (not only for support, but for clarification/explanation). The applicant has not substantiated the contested report was not rendered in good faith by all evaluators based on their knowledge at the time. Due to the applicant not adhering to fitness standards and no evidence to prove otherwise, the referral report as rendered is accurate and in accordance with applicable policies and procedures. It is ultimately the applicant’s responsibility to be ready to successfully pass the required fitness evaluation in the applicable components and to contact the medical community to resolve any medical issues prior to taking an FA. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. AFPC/DPSOE indicates the applicant was considered and tentatively selected for promotion to the grade of master sergeant (E-7) during cycle 12E7. He received promotion sequence number (PSN) of 1061.0 which would have been incremented on 1 Oct 12, but he was rendered ineligible for promotion based on the contested referral EPR IAW AFI 36-2502, Table 1.1, Rule 22, and his line number was removed. Should the Board grant the applicant’s requests to remove the contested FA and referral EPR, he should be provided supplemental promotion consideration to the grade of master sergeant, beginning with cycle 12E7. A complete copy of the AFPC/DPSOE evaluation is at Exhibit E. ________________________________________________________________ ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 May 14 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. ________________________________________________________________ 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 error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant has provided a statement from his orthopedic surgeon indicating his right hip injury contributed to his difficulty in achieving a passing score on the contested FA, he has provided no evidence of relevant exemptions on an AF Form 469, Duty Limiting Condition Report or AF Form 422, Notification of Air Force Member’s Qualification Status, that were applied as a result of the injury; nor, was information presented that would indicate his commander’s subsequent decision to allow the FA score to be entered into his record was somehow erroneous or constituted an abuse of authority. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-02171 in Executive Session on 19 Aug 14, under the provisions of AFI 36-2603: Mr. , Panel Chair Mr. , Member Ms. , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Apr 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, DPSIM, dated 2 Jan 14, w/atchs. Exhibit D. Letter, DPSIDE, dated 11 Apr 14. Exhibit E. Letter, DPSOE, dated 24 Apr 14. Exhibit F. Letter, SAF/MRBR, dated 20 May 14.