RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03584
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Date of Rank (DOR) to the grade of senior master sergeant
(SMSgt-E-8) be corrected to 1 Jan 2011.
________________________________________________________________
APPLICANT CONTENDS THAT:
In Dec 2010, he received promotion consideration to the grade of
SMSgt, but was denied because his records reflected a failed
Fitness Assessment (FA).
He was injured and sought medical treatment from the base clinic
on or about 29 Sep 2010. At the time, he was recovering from
injuries sustained in an automobile accident, which occurred on
1 Mar 2010. He still felt pain in his left knee and the cool
weather seemed to intensify the pain level.
He had concerns because the pain seemed to get worse after he
worked out at the fitness center. He specifically complained
about his left knee, however, he also provided a comprehensive
history of the vehicle accident he was involved in on 1 Mar
2010. The clinic failed to validate a medical finding regarding
his left knee pain; nevertheless, he was given prescription
medication.
Since he did not receive a physical profile, he was advised by
his unit that he had to complete a FA; therefore, he continued
to prepare for his FA.
On 5 Nov 2010, he experienced an injury while running on an
indoor track at the base. He heard a loud "cracking" sound and
fell to the floor in severe pain. He went to the clinic on 6 Nov
2010 and reported that he sustained an injury. The clinic
seemed unsure about treatment and the doctor stated she did not
believe he was injured. She observed both of his knees and
stated that she did not see swelling. He was angry at her
response and asked for an X-Ray. She reluctantly gave him the
referral, but her attitude was very negative.
On 9 Nov 2010, he received a call from the radiology department
advising him to discontinue running or exercises that may affect
his left knee. The original AF Form 469, Duty Limiting
Condition Report, never made it through the system because it
was erroneously completed for only three days. The document
expired before it reached the commander or the Fitness
Assessment Cell (FAC).
Two significant errors occurred during the process of acquiring
a fitness test. First, he was not in status and was not on
orders. Secondly, the person responsible for taping did not
properly administer the taping process.
In support of his request, the applicant provides copies of his
medical records, AF Form 469, AF Form 422, several memorandums,
MRI Results, and his Promotion Order.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserves in
the grade of senior master sergeant (E-8).
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate offices of the Air
Force at Exhibits B and C.
________________________________________________________________
THE AIR FORCE EVALUATION:
HQ USAF/A1PP recommends denial. A1PP states that while the
applicant did not specifically request his 16 Dec 2010 FA be
removed, his rationale warrants their opinion. The applicant
was involved in an automobile accident on 1 Mar 2010 and
complained of knee pain as a result of the injuries he
sustained. After several medical appointments he was issued an
AF Form 422, effective 14 Dec 2010 through 8 Jun 2011 which only
cleared him to take the abdominal circumference (AC) portion of
the FA. On 16 Dec 2010, he took the FA, but because his waist
measured over the minimum to pass an AC only FA, he scored an
Unsatisfactory. Additionally, he claims the FA monitor
erroneously administered this portion of the test by taping him
from the right to left hip on the back side and multiplying that
measurement by two.
A1PP states, the 16 Dec 2010 FA score in the Air Force Fitness
Management System (AFFMS) is a valid score. The medical
community recognized the applicants knee pain by appropriately
exempting him from the components that would have negatively
affected his score. Additionally, if the member truly felt his
AC measurement was erroneously administered, he could have
requested his unit commander's approval to immediately re-take
the FA with a different monitor. Re-taking the test within just
days of the failure, with substantially different results, would
have substantiated the member's claim the AC measurement was
erroneously administered.
The complete A1PP evaluation is at Exhibit B.
RMG/CC supports AIPPs advisory opinion. RMG/CC states, the
applicants records indicate he was eligible for promotion with
a 1 Jan 2011 effective date. On 16 Dec 2010, he failed his FA.
His active duty commander, acting within his discretion as the
promotion authority, deferred the promotion until he passed his
FA.
Review of the applicants fitness history in the AFFMS,
indicates he passed his FA on 26 May 2011. Subsequently, he was
promoted to his current rank of senior master sergeant on 1 Jul
2011, after his active duty commander approved his promotion.
With regards to changing his effective date of promotion to
1 Jan 2011, the documentation provided does not justify or
warrant a change to his records. Had the member passed his FA
in Dec 2010, he would have been promoted effective 1 Jan 2011.
The complete RMG/CC evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 29 Feb 2012 for review and comment within 30 days.
As of this date, no response has been received by this office
(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. 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.
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 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 19 Apr 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket number
BC-2011-03584 was considered:
Exhibit A. DD Form 149, dated 7 Jul 2011, w/atchs.
Exhibit B. Letter, HQ USAF/A1PP, dated 20 Jan 2012.
Exhibit D. Letter, RMG/CC, dated 22 Feb 2012.
Exhibit E. Letter, SAF/MRBR, dated 29 Feb 2012.
Panel Chair
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