RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02075
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated on active duty in the grade of staff sergeant
(SSgt/E-5).
________________________________________________________________
APPLICANT CONTENDS THAT:
His fitness assessment (FA) failures were based on two different
testing standards (3 failures were under the old standard and
one was under the new standard).
He should have been offered probation and rehabilitation (P&R)
prior to being separated.
The administrative discharge board (ADB) recommended P&R;
however, it was not granted. He was meeting all duty standards
at the time of discharge and had no conduct issues during his
enlistment.
In support of his appeal, the applicant provides a copy of the
ADB record.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 Jul 02.
The applicant's commander notified him on 10 Mar 11 that he was
recommending him for discharge for Unsatisfactory Performance.
The specific reasons for this action were on or about 20 Oct 09,
the applicant received a "Poor" composite fitness level score of
50.05; on or about 19 Jan 10, he received a "Poor" composite
fitness level score of 56.25; on or about 19 Apr 10, the
applicant received a "Poor" composite fitness level score of
63.25, and on or about 30 Dec 10, the applicant received a
"Poor" composite fitness level score of 59.70. Before discharge
was recommended in this case, the applicant was given ample
opportunity to conform to accepted standards. Despite the
unit's efforts, the applicant's compliance with Air Force
fitness standards remained unacceptable. The applicant
acknowledged receipt of the notification of discharge and was
afforded the opportunity to consult with counsel and submit
statements in his own behalf.
On 12 Apr 11, a properly constituted ADB convened to hear the
applicant's case. Although he conceded there was a basis for
discharge, he requested to be retained. He admitted his fault
and did not blame anybody other than himself for his physical
training (PT) failures. He explained that he only got serious
about the test at critical points in his career - i.e., re-
enlistment, deployment, etc., but after passing those
assessments he did not take the fitness standards very seriously
and was not sure of, or concerned about, the consequences.
Finally, the applicant stated that he was not proud of his "back
sliding" history, but he was proud of the milestone he had been
able to achieve in his fitness quest - that he had passed his
last fitness test, was currently in compliance and was
volunteering his time to help others struggling to meet
standards.
The ADB found the applicant received scores of "poor" fitness
for the assessments conducted on 30 Dec 10, 19 Apr 10,
19 Jan 10, and 20 Oct 09. They recommended that the Air Force
remove the applicant from active duty, and his service be
characterized as honorable. They also recommended he be offered
P&R with a conditional suspension of the discharge. However, on
29 Apr 11, the separating authority, approved the ADBs
recommendation for discharge, and directed the discharge of the
applicant with an honorable service characterization without
P&R.
The applicant was honorably discharged, on 20 May 11, with a
reason for separation of physical standards, in the grade of
senior airman (E-4/SrA). He was credited with 8 years,
9 months, 21 days of active duty service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, stating, in part, the applicant
received counseling on several occasions and was afforded ample
opportunity to overcome his deficiencies. Based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of discharge authority. The applicant did not submit
any evidence or identify any errors or injustices that occurred
in the discharge processing.
The complete AFPC/DPSOS evaluation is at Exhibit C.
HQ USAF/A1PP recommends denial, stating, in part, that the Board
should uphold the previous discharge action.
They note the applicant was separated from active duty as a
result of four fitness assessment failures within a 24-month
period. In accordance with (IAW) Air Force Guidance
Memorandum 2, effective 1 Jul 10, para 15; unit commanders
possess the authority to make a discharge or retention
recommendation to the installation commander once an airman
receives four unsatisfactory FA scores in a 24-month period,
when a medical provider has ruled out any medical condition
precluding the airman from passing their fitness assessment.
The complete HQ USAF/A1PP evaluation is at Exhibit D.
AFPC/JA recommends denial, stating, in part, that the applicant
has failed to establish any error or injustice warranting
relief.
They note the applicant believes the record to be in error or
unjust because his four combined FA failures were based on two
different standards. Although, the applicant correctly pointed
out that his fitness assessment failures were evaluated under
two different standards, AFI 36-2905, Fitness Program, para
9.1.5.2.1, provides that "a failing score, to include one under
a prior version of this instruction, remains a valid basis for
discharge so long as it is within 24 months of the member's most
recent FA failures." The applicant's last FA failure occurred
on 30 Dec 10, and it was the only assessment performed under the
new standard, implemented in Jul 11, by a change to AFI 36-2905.
The remainder of his failures occurred under the old standards,
but all of them took place within the 24 months prescribed time
(19 Apr 10, 19 Jan 10, and 20 Oct 09); therefore the
requirements of the above mentioned AFI were met and the
applicant's contentions are without merit.
The remainder of the applicants assertions deals with P&R. The
applicant alleged that the record is in error and unjust because
the discharge board determined that he should be offered P&R and
he was not, even though he also received a character letter from
the discharge board's President supporting P&R, and he was
meeting all duty standards, without any bad conduct issues
during his enlistment. AFI 36- 3208, Administrative Separation
of Airmen, provides that the Separation Authority is the Air
Force official authorized to take final action with respect to a
specified type of separation. The AFI specifically states the
Special Court-Martial Convening (SPCM) authority "personally
approves or disapproves discharges" for failures in the Fitness
Program.
In addition, the record review revealed that the government
failed to obtain the "medical clearance" required by AFI 36-
2905, para 9.1.5.5.; however, the applicant did not raise this
issue during the Board hearing, nor did he offer any evidence
supporting a medical condition that might have prevented him
from passing his fitness assessments. Therefore, the departure
from the established AFI procedure is inconsequential given the
full and fair proceedings otherwise reflected in the Board
record.
The complete AFPC/JA evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 Nov 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case. The Air Force offices of primary responsibility
(OPRs) have conducted a thorough examination of the evidence
presented and we are in agreement with their opinions and
recommendation. The discharge appears to comply with the
governing AFI and we find no evidence to indicate that his
separation from the Air Force was inappropriate. We find
insufficient evidence of error in this case to warrant relief
and after thoroughly reviewing the documentation that has been
submitted in support of applicant's appeal, we do not believe he
has suffered from an injustice. Therefore, we find no basis
upon which to favorably consider this application.
________________________________________________________________
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-2011-02075 in Executive Session on 28 February 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 19 Sep 11.
Exhibit D. Letter, AF/A1PP, undated.
Exhibit E. Letter, AFPC/JA, dated 21 Oct 11.
Exhibit F. Letter, SAF/MRBR, dated 4 Nov 11.
Panel Chair
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