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AF | BCMR | CY2010 | BC-2010-03057
Original file (BC-2010-03057.txt) Auto-classification: Approved
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 
Member’s Qualification Status, Cycle Ergometry Aerobics Fitness 
Assessment Worksheets, Individual Test History, and Fitness 
Program Scorecards. 

 

The applicant’s 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 applicant’s 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 applicant’s 
service records, are contained in the Air Force evaluations at 
Exhibits B and C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDEP recommends denying the applicant’s 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 applicant’s 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 applicant’s 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 General’s 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 applicant’s 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 
applicant’s 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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