RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01398
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her Enlisted Performance Report (EPR) (AB thru TSgt), rendered
for the period 14 Dec 2009 through 13 Dec 2010, be changed from
a referral 4 to a non-referral 5, or be removed from her
records.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Her EPR is not accurate because her fitness level was not
accurately assessed during her 10 Nov 2010 fitness assessment.
A pre-existing medical condition caused her to fail her PT test.
She has a history of abnormal heart rate and has sleep apnea,
which she believes prevented her from passing the walk test.
In support of her request, the applicant provides copies of the
contested report, her rebuttal thereto, excerpts from her
medical records related to her sleep apnea, and a supporting
statement from her physician assistant.
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 (E-6).
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the Air Force offices of
primary responsibility, which are attached at Exhibits C and D.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request to
change or remove her EPR. The applicant failed a fitness
assessment on 10 Nov 10 and as a result received a referral EPR.
Although the applicant may have had some medical issues, there
are avenues within the medical community to support these cases
and afford Airmen the opportunity to recover from such medical
issues; however, the medical community did not deem this a
contributing factor for the applicant not to meet Air Force
fitness requirements, hence the absence of an AF Form 422, Duty
Limitations/Physical Profile, in the applicants records. While
it appears the applicant performed [her duties] extremely well
during the reporting period, the failed fitness assessment
caused the contested report to be a referral, and although the
Air Force does not mandate a specific overall rating in these
cases, it appears the rating chain deemed that a 4 rating was
appropriate. Therefore, the evaluation was complete and within
the regulatory Air Force requirements. To change or void this
evaluation would be an injustice to other Airmen who have
received the proper medical profiles regarding the fitness
program or the other Airmen who have met the regulatory
requirements.
The complete DPSIDEP evaluation is at Exhibit C.
HQ USAF/A1PP recommends denial, indicating that their medical
Subject Matter Expert reviewed the medical documentation on this
case, and determined it was unlikely that her mild sleep apnea
diagnosis contributed to her fitness failure.
The complete AFPC/A1PP evaluation is at Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant
on 1 Jul 11 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 an error or an injustice. We took
notice of the applicants 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. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
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 issue(s) involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
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-2011-01398 in Executive Session on 10 Jan 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 20 Jun 2011
Exhibit D. Letter, HQ USAF/A1PP, dated 28 Apr 2011
Exhibit E. Letter, SAF/MRBR, dated 1 Jul 2011
Panel Chair
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