RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03057
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Enlisted Performance Report (EPR) rendered for the period
2 July 2009 through 15 April 2010 be voided and removed from her
records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contested EPR contains incorrect information.
In support of her appeal, the applicant submits a personal
statement and copies of her promotion information, an excerpt of
Air Force Instruction 36-2905, the contested EPR, a Referral EPR
Memorandum, her Letter of Reprimand (LOR), her rebuttal to the
LOR, her Unfavorable Information File (UIF) notification, an
Enlisted SURF, an excerpt of Air Force Instruction 10-248,
several electronic communications, Notifications of Air Force
Members Qualification Status, Cycle Ergometry Aerobics Fitness
Assessment Worksheets, Individual Test History, and Fitness
Program Scorecards.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the Military Personnel Data System (MilPDS) the
applicant is currently serving on active duty in the grade of
staff sergeant (E-5) with a date of rank of 1 December 2003.
The following is a resume of the applicants EPR profile:
PERIOD ENDING PROMOTION RECOMMENDATION
20 Dec 01 (SrA) 4
16 Sep 02 5
16 Sep 03 5
16 Sep 04 (SSgt) 5
1 Jul 05 5
1 Jul 06 5
1 Jul 07 4
1 Jul 08 5
PERIOD ENDING PROMOTION RECOMMENDATION
1 Jul 09 5
15 Apr 10* 4
* Contested report
The remaining relevant facts, extracted from the applicants
service records, are contained in the Air Force evaluations at
Exhibits B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDEP recommends denying the applicants request to void
the contested EPR; however, recommends correcting the invalid
comment in Section III, Block 3, to reflect Failed to meet
minimum standards; scored 41 on last PT test. DPSIDEP states
the applicant did not file an appeal through the Evaluation
Reports Appeal Board (ERAB) under the provisions of Air Force
Instruction 36-2401, Correcting Officer and Enlisted Evaluation
Reports; however the ERAB reviewed this application and was not
convinced the contested report was inaccurate or unjust.
DPSIDEP states the contested EPR, Section III, Block 3, indicates
Failed twice to meet minimum standards; scored 41 on last PT
test. However, it was determined the Fitness Assessment (FA)
she took was invalid and it was later removed after the close-out
of the report. The applicant retook her FA on 9 April 2010, but
failed again. She now contends the second failure is also
invalid, but failed to produce any documentation to prove her
claim.
DPSIDEP indicates that since the applicants first fitness
failure on 16 February 2010 has been removed from the Air Force
Management System, the comment in Section III, Block 3, should be
corrected versus having the report voided.
The complete DPSIDEP evaluation is at Exhibit B.
AFPC/DPSOE defers to the DPSIDEP recommendation. DPSOE states
the applicant was considered and tentatively selected for
promotion to technical sergeant during cycle 10E6 per promotion
sequence number (PSN) 2676 which had not incremented at the time
of their evaluation. However, when she received the referral
report, it automatically cancelled her promotion in accordance
with Air Force Instruction 36-2502, Table 1.1, Rule 22. DPSOE
indicates that should the Board grant the applicants request to
remove the referral EPR, it could direct the promotion to
technical sergeant be reinstated.
The complete DPSOE evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She has been fighting this issue since it occurred in April. The
test she took on 9 April 2010 was initially a practice test when
she performed the Ergo test in preparation of the 17 May 2010
scheduled test date. Later that same day, she was summoned to
the Squadron to accomplish a waist measurement. She asked the
Unit Fitness Program Manager (UFPM) why she would need a waist
measurement for a practice Ergo test and he stated he was told to
enter the score because it was the 42nd day after the last test.
The UFPM said he was advised by leadership to input the score;
however, leadership denied making those statements. The
contested EPR was written in April because her reporting official
was scheduled for a permanent change of station. Her leadership
had no desire to correct their actions with the Physical Test or
the FAs until they became aware that she had contacted the
Inspector Generals office and the Area Defense Counsel. It was
at this point that her commander decided to remove the first
test. She feels both the Physical Test and practice test should
both be removed due to her medical conditions and physical
limitations. There has been no change or improvement in her
medical condition and the restrictions state she should only
perform waist circumference measurement. She is undergoing
treatments for her condition and meeting a Medical Evaluation
Board. She has been told that she could return to duty with
limitations. It is her desire to continue her dedicated military
service in the Air Force.
The applicants complete rebuttal, with attachments, is at
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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice in regard to the
applicants contested EPR. After reviewing the evidence of
record, we are persuaded that some relief is warranted. We note
the FA she took on 16 February 2010 was invalid and later removed
after the close-out of the contested report. Therefore, we agree
with AFPC/DPSIDEP that the contested report should be changed to
reflect the correct information rather than voiding the report as
requested. We note the applicant contends her 9 April 2010 FA is
also invalid; however, she does not provide evidence to support
this assertion. Based on the foregoing, we recommend her record
be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that Section III,
Block 3, of her Enlisted Performance Report (AB thru TSgt),
rendered for the period 21 July 2009 through 15 April 2010 be
corrected to reflect Failed to meet minimum standards; scored 41
on last PT test rather than Failed twice to meet minimum
standards; scored 41 on last PT test.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-03057 in Executive Session on 26 May 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to Docket Number BC-2010-
03057 was considered :
Exhibit A. DD Form 149, dated 16 Aug 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIDEP, dated 24 Sep 10.
Exhibit C. Letter, AFPC/DPSOE, dated 14 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10.
Exhibit E. Letter, Applicant, dated 16 Nov 10, w/atchs.
Panel Chair
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