RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00706
            INDEX CODE:  111.05

      ------------------     COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The AF Form 910, Enlisted Performance  Report  (EPR),  closing  9 Oct 08  be
declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested EPR is faulty, and was based on  a  failed  physical  training
(PT) test.  He was injured during the 22 Sep 08 PT  test  and  the  PT  test
should be invalidated, which makes the EPR invalid.

In support of the appeal, the applicant provides two personal statements,  a
copy of the contested EPR, four letters of support, and other  documentation
associated with his request.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the Regular Air  Force  in  the  grade  of
technical sergeant.

On 18 Jul 08, he failed a PT test with a score of 55.40 percent.  On 22  Sep
08, he again failed the PT test with a score of 73.05 percent.  He  received
an EPR closing 9 Oct 08, with an overall rating of “3”.

He filed an appeal through  the  Evaluation  Reports  Appeals  Board  (ERAB)
under the provisions of AFI 36-2401 to void the contested  EPR,  and  on  22
Jan 09 the ERAB denied his request.

His recent EPR profile reflects the following:

      PERIOD ENDING    OVERALL EVALUATION

            2 Jul 01         5
           16 May 02         5
           16 May 03         5
            1 Aug 04         5
            1 Aug 05         5
            1 Aug 06         5
            9 Oct 07         5
           *9 Oct 08         3

*Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/A1PP recommends the applicant’s 22 Sep 08 PT  test  be  invalidated,
and the contested EPR be  corrected  to  reflect  a  failed  test  of  55.40
percent, but not to void the EPR.

A1PP indicates, they cannot confirm nor deny the applicant  injured  himself
during his 22 Sep 08 PT test since there is no  medical  documentation  that
conclusively proves the date the injury occurred.

However, the applicant’s PT test on 18 Jul 08 is a valid  failed  test.   As
of the closeout date of  the  contested  EPR  the  applicant  did  not  meet
fitness standards, thus the fitness block  would  still  reflect  “Does  Not
Meet” standards with an adjusted PT failure score of 55.40 percent.

The complete HQ USAF/A1PP evaluation is at Exhibit C.

AFPC/DPSIDEP recommends denial.  DPSIDEP  indicates  the  Air  Force  policy
requires Section III, Performance Assessment, Item 3, “Fitness,” of  the  AF
Form 910, be marked as “Does Not Meet,” “Meets,” or “Exempt.”   This  rating
is based on the last fitness assessment, as of the  close-out  date  of  the
EPR.

Further an “Exempt” can only be marked if an individual is exempt  from  all
aspects of the PT  test.   Additionally,  unit  commanders  may  request  an
extension of the close-out date, when an individual is required  to  fitness
test immediately preceding the EPR close-out date and fails to meet  fitness
standards.  This option can be used to re-test the Airman at  the  43rd  day
after scoring below 75 on the fitness assessment.   Extensions  beyond  this
period are not allowed.

The applicant originally failed the PT test on 18 Jul 08 and  did  not  meet
standards.  He EPR did  not  close-out  until  9  Oct  08.   Therefore,  his
commander was not eligible for an extension of his close-out  date,  because
the applicant  had  enough  time  to  retest  before  the  EPR  closed  out.
Unfortunately, on 22 Sep 08, the applicant tested again and failed  to  meet
standards.  The contested EPR was marked “Does Not Meet,”  as  required  and
in accordance with Air Force policy.

The complete AFPC/DPSIDEP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  24
Jul 09, for review and  comment  within  30  days.   As  of  this  date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

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 error or injustice.  After a thorough review  of  the  evidence
of  record  and  the  applicant’s  submission,  we  are  not  persuaded  the
requested relief should be granted.  It appears the applicant contends  that
he was injured during the 22  Sep  08  PT  test,  and  the  test  should  be
invalidated and the EPR closing on 9 Oct 08  should  be  declared  void  and
removed from his records.  We note, HQ USAF/A1PP recommends his  request  to
invalidate the 22 Sep 08 test be approved, but deny the applicant’s  request
to void the contested  EPR.   They  indicate  they  cannot  confirm  he  was
injured  during  the  22  Sep  08  PT  test  since  there  is   no   medical
documentation that conclusively substantiates the  actual  date  of  injury.
However, HQ USAF/A1PP opines they are inclined to believe the applicant  was
injured during the 22 Sep 08 PT test and the contested  PT  test  should  be
invalidated and replaced with the scores from the  18 Jul 08  PT  test.   We
are persuaded this could have a potential negative impact on  the  applicant
since the scores from the 18 Jul 08 PT test  are  significantly  lower  than
the results from the 22 Sep 08 PT test.  As such, we  are  not  inclined  to
take action that would be considered detrimental to an applicant.   Further,
the Board is not persuaded the EPR should be voided, since he failed the  PT
test on two occasions during the rating period and the PT test  is  required
to be recorded in the EPR.  In view of the  above,  we  find  no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice;  that  the  application  was  denied
without a personal  appearance;  and  that  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-2009-
00706 in Executive Session on 20 Oct 09, under the  provisions  of  AFI  36-
2603:

                 Ms. -------------, Panel Chair
                 Ms. -------------, Member
                 Ms. -------------, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 Feb 09, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, USAF/A1PP, dated 15 Jun 09.
   Exhibit D.  Letter, AFPC/DPSIDEP, dated 2 Jul 09.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Jul 09.





                                   ------------
                                   Panel Chair




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