RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03248
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His referral Enlisted Performance Report (EPR) rendered for the
period 20 Aug 2009 through 20 Oct 2011, be voided from his
records.
His line number to the grade of staff sergeant (SSgt, E-5) be
reinstated with a 1 Jan 2011 promotion date.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 29 June 2010 while completing his annual Fitness Assessment
(FA), he collapsed and was unable to complete the FA. In
accordance with AFI 36-2905, Fitness Program, paragraph 2.4.1,
he should have been retested within five duty days or be
categorized medically exempt.
His medical condition was under evaluation, precluding any
exercising for four months. He was given an exercise
prescription on 27 Sep 2010 and subsequently retested on 28 Sep
2010 at which time he failed the FA.
His referral EPR is unjust because not only was his medical
condition not taken into consideration during this grading (sic)
period, but his unit and the medical treatment facility (MTF)
personnel failed to follow proper guidelines and Air Force
Instructions.
In support of his request, the applicant provides copies of AF
Form 469, Duty Limiting Condition, AF 422, Notification of Air
Force Member's Qualification Status, Sequence of Events, medical
records, a recommendation letter, certified dietitian letter,
Fitness Assessment history, EPR, rebuttal memorandum, and
weighted airman promotion system (WAPS) score notice.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of senior airman (E-4).
The remaining relevant facts pertaining to this application,
extracted from the applicants military records are contained in
the letters prepared by the appropriate offices of the Air Force
at Exhibits C, and D.
________________________________________________________________
THE AIR FORCE EVALUATION:
HQ AFPC/DPSID recommends denial of the applicant's request to
change or void the contested EPR. DPSID states the applicant
did not file an appeal through the Evaluation Report Appeals
Board (ERAB) under the provisions of AFI 36·2401, Correcting
Officer and Enlisted Evaluation Reports.
According to the Air Force Fitness Management System (AFFMS)
record, he failed his FA on 28 Sep 2010. He was exempt in three
of the four evaluation categories; the only category not being
exempt was the abdominal measurement. What the applicant is not
taking into consideration with this appeal is the fact that
there were no untested categories that would have made being re-
tested within five days as an issue. He tested only on the
abdominal component, and failed to achieve a passing score,
based on this single measured component. Accordingly, DPSID
finds that this allegation is without merit.
Concerning the applicant's second allegation that his unit and
the MTF personnel failed to follow proper guidelines and Air
Force instructions, DPSID finds no evidence of this in the case
as presented by the applicant. The burden of proof is on the
applicant to substantiate this allegation and the only proof he
provides are his own views and opinions. Based on the lack of
any evidence to support the applicant's claim that MTF personnel
failed to follow proper guidelines and instructions, they find
no merit in this aspect of the applicant's claim.
The applicant was only permitted to be tested on abdominal
circumference (AC), and it appears from the documentation he
submitted, he believes he was at a testing disadvantage due to
his AC measuring at 38.5 inches. Even though it was not an
automatic failure, it still cumulatively resulted in a ruling
score on his fitness evaluation, when considered as the only
fitness component. A review of the applicant's AFFMS fitness
history illustrates that between 2008 and 2010, the applicant
experienced an average 5.5 inch gain in waist circumference. He
would imply that this increase of waist size over time was out
of his control due to medical conditions (thyroid condition) he
was experiencing. The fact is the applicant, although
restricted in his ability to perform exercise during the
contested rating period, was able to control his dietary intake,
and thus could have taken measures to ensure that his waist
measurement was in line with a passing fitness evaluation. The
applicant was also deemed by medical authorities not to be
exempt from the abdominal circumference measurement, and thus
testable in this single component.
AFI 36-2905 was effective 1 Jul 2010 and states: It is every
Airman's responsibility to maintain the standards set forth in
this AFI 365 days a year." Being physically fit allows you to
properly support the Air Force mission. The goal of the Fitness
Program is to motivate all members to participate in a year-
round physical conditioning program that emphasizes total
fitness, to include proper aerobic conditioning,
strength/flexibility training, and healthy eating. In the
applicant's case, the phrase healthy eating is a key phrase.
Due to the applicants failed FA, it appears the rating chain
rated the applicant on the EPR appropriately as an "Above
Average" airman. Although it appears the applicant performed
extremely well during the reporting period, the failed FA as of
the closeout date, caused the EPR 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.
The evaluation was completed within Air Force requirements.
Although the applicant may feel that this was unjust, there were
avenues to ensure that any medical issues were taken into
consideration - not by the rating chain, but with the proper
authority, the medical community. Therefore to change or void
this evaluation would be an injustice to other Airman who have
consulted with the medical community and received the proper
medical profiles regarding the fitness program or the other
Airmen which have met Air Force requirements.
The complete DPSID evaluation is at Exhibit C.
HQ AFPC/DPSOE defers to DPSIDs recommendation regarding the
validity and removal of the contested EPR. DPSOE states the
applicant was considered and tentatively selected for promotion
to SSgt during cycle 10E5. He received promotion sequence
number (PSN) 5224.0, which would have incremented on 1 Jan 2011;
however, the fact that he received a referral report for the
period 23 Aug 2009 through 20 Oct 2010, rendered him ineligible
for promotion in accordance with AFI 36-2502, Airman
Promotion/Demotion Programs, and his PSN was subsequently
removed. AFI 36-2406, Officer and Enlisted Evaluation Systems,
states that a report is referred when "Does not Meet" blocks are
marked in the performance assessment section of the AF Form
910/911.
The complete DPSOE evaluation is at Exhibit D.
HQ AFPC/DPSIM recommends denial to have the applicants FA,
dated 28 Sept 2010 removed from AFFMS. DPSIM states, the
applicants test on 28 Sep 2010 is valid and it should be noted
that he tested AC only and did not meet the required standard to
obtain a passing score.
DPSIM refers to the applicants 29 Jun 2010 FA and states that
AFI 36-2905, on which the applicant bases his contention that he
should have been retested within five duty days after not
completing the FA, did not become effective until 1 Jul 2010 and
does not apply to the applicants 29 Jun 2010 FA.
The complete DPSIM evaluation, with attachments, is at Exhibit
E.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 29 Feb 12, copies of the Air Force evaluations were forwarded
to the applicant 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; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility 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.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 1 May 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-03248:
Exhibit A. DD Form 149, dated 12 Jan 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSID, dated 3 Jan 2012.
Exhibit D. Letter, HQ AFPC/DPSOE, dated 18 Jan 2012.
Exhibit E. Letter, HQ AFPC/DPSIM, dated 8 Feb 2011, w/atchs.
Exhibit F. Letter, SAF/MRBR, dated 29 Feb 2012.
Panel Chair
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