RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00877
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be rendered eligible to take the Weighted Airman Promotion
System (WAPS) test for cycle 10E7.
2. He be considered for supplemental promotion consideration
during cycle cycle 10E7.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He missed promotion testing during cycle 10E7, due to medical
conditions.
In Jan 10, he was diagnosed with Hypothyroidism and developed a
severe allergic reaction after performing his fitness test. The
allergic reaction was not properly treated which caused him to
develop bronchitis and pneumonia. He was prescribed Sudafed,
which causes drowsiness and he believes that the Sudafed combined
with his hypo-active thyroid led him to show up at the wrong time
for WAPS testing. He was supposed to test on 16 Feb 11, but
missed his testing time due to these medical issues.
Based on the evidence and medical recommendation from his health
care provider, he wishes a favorable consideration of his request
to WAPS test for cycle 10E7.
In support of his request, the applicant provides e-mail
communications, a copy of a letter from his physician, and
excerpts from his medical records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
technical sergeant (E-6).
Additional relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force. Accordingly, there is no need to recite these facts
in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial. DPSOE states the applicant was
scheduled to WAPS test for cycle 10E7 on 16 Feb 10 at 0700 hours
and signed the notification acknowledging the appointment. His
commander was notified that he missed the appointment. In
accordance with the governing instruction, failure to report for
scheduled testing renders an airman ineligible for promotion
consideration unless the immediate commander approves
rescheduling within 10 workdays. On 17 Feb 10, the applicants
commander denied his request to reschedule the test date.
Subsequently, his promotion eligibility status (PES) code was
updated to P, rendering him ineligible for promotion
consideration for cycle 10E7.
DPSOE acknowledges that the applicant provides a letter from his
physician stating he was being treated for hypothyroidism and an
upper respiratory infection. However, the physician specifically
states that he could not testify that the medical condition and
the medications the applicant was taking were the absolute cause
of his failure to report for testing at the designated time.
DPSOE notes the applicant makes mention that he was scheduled to
test the day after a Federal holiday, which could have been the
confusion as to the date and time of testing. It would not be
fair or equitable to any of his peers who may have been dealing
with similar situations and non-selected for promotion.
The DPSOE complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by reiterating his original contentions;
however, he notes that he did show up for the testing, but
thought the show time was 0730 hours instead of 0700 hours. He
goes into detail about his medical conditions and how he was
misdiagnosed, however, since that time he has been properly
diagnosed and treated for these conditions. He states that
coupled with having sleep apnea along with the other medical
conditions, it is a perfect recipe for failure.
He believes he was a victim of an injustice and would like to be
given a chance to test in the cycle he missed due to receiving
poor health care. His lack of focus has caused him to perform at
a lower level than he is capable of which caused him to receive a
lower performance rating than normal.
The cycle 11E7 results were released and he was not selected for
promotion. His scores dropped 9 points from last year, which he
attributes to his conditions that have prevented him from
performing to his best potential.
The applicants complete submission, with attachments, is at
Exhibit D.
_________________________________________________________________
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. After reviewing
the complete evidence of record, including the analyis and
recommendation of the Air Force office of primary responsibility,
we believe relief is warranted. In this regard, we are persuaded
by the evidence presented that his ability to focus and recall
information was impeded due to the various ailments he was
undergoing at that time. Although it appears there was no error
in this case and the applicants commanders decision to deny him
a second opportunity to test was within his discretionary
authority, we believe the applicants claim that he made every
effort to be at his scheduled promotion testing appointment on
time is supported by a totality of the evidence presented. In
view of this and in the interest of equity and justice, we elect
to resolve any doubt in this matter in the applicants favor.
Therefore we recommend his 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 on 16 February
2010, he was granted a waiver of the "No Show" for the Weighted
Airman Promotion System (WAPS) testing policy.
It is further recommended that he be provided supplemental
consideration for promotion to the grade of master sergeant (E-7)
for the 10E7 cycle.
If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application that would
have rendered the applicant ineligible for the promotion, such
information will be documented and presented to the Board for a
final determination on the his qualifications for the promotion.
If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such
promotion, the records shall be corrected to show that he was
promoted to the higher grade on the date of rank established by
the supplemental promotion and that he is entitled to all pay,
allowances, and benefits of such grade as of that date.
______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00877 in Executive Session on 29 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Feb 11, w/atchs.
Exhibit B. Letter, AFPC/DPSOE, dated 4 Apr 11.
Exhibit C. Letter, SAF/MRBR, dated 13 May 11.
Exhibit D. Letters, Applicant, dated 19 May 11 and 4 Oct 11.
Panel Chair
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