RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04745
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The Air Force Fitness Management System (AFFMS) record be
updated to remove the duplicate entry for her 25 Jan 05 Fitness
Assessment (FA) results (Administratively resolved).
2. Her FAs, dated 26 Aug 08 and 28 Oct 08, be declared void and
removed from the AFFMS.
________________________________________________________________
APPLICANT CONTENDS THAT:
The results of her 25 Jan 05 FA is entered twice in the AFFMS.
Her FAs on 16 Aug 08 and 25 Aug 08 were inappropriately
administered, resulting in failing scores and unjustly causing
her Enlisted Performance Report (EPR) for the period 18 Oct 07
through 28 Oct 08 to be a referral EPR. Based upon the decision
of the AFBCMR in her earlier case (BC-2010-02102), her referral
EPR was voided and expunged from her record. Since the two FAs
in question were the cause of the referral EPR, they should be
removed from her record as well.
In support of her request, she provides an expanded personal
statement, and copies of her Air Force Forms 422, Notification
of Air Force Members Qualification Status, documents related to
her FA history, two memoranda supporting the EPR removal, a
Chronological Record of Medical Care, and documentation from her
previous case before the AFBCMR.
The applicants 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). Due to medical issues, on 31 Jul
08 she was put on a medical profile which precluded her from
accomplishing the crunches (sit ups) portion of the FA. On
20 Oct 08, her medical profile was extended to 12 Jan 09.
She failed to meet the minimum fitness standards on two
consecutive FAs: on 26 Aug 08 with a score of 69.72, and on
28 Oct 08, with a score of 55. As a result, she received a
referral EPR for the period 18 Oct 07 through 28 Oct 08, which
rendered her ineligible for promotion.
On 1 Jan 09, she passed her FA (still exempt from crunches).
On 24 Apr 10, she petitioned the AFBCMR (Docket Number BC-2010-
02102) to void her referral EPR for the period 18 Oct 07 through
28 Oct 08, contending she was not given sufficient time to
adjust to the new workout plan given to her by her doctors. A
majority of the Board determined the evidence she presented did
not demonstrate the existence of material error or injustice.
However, on 13 Apr 11, after careful consideration of all
factors involved, the Secretarys designee, in the exercise of
his discretionary authority, did not concur with the
determination of a majority of the Board and directed the
applicants military records be corrected to reflect that her
referral EPR be voided and expunged from her record, and her
date of rank to TSgt be changed to 1 Feb 09. The Secretarys
designee based his rationale for voiding and removing her
referral EPR on the fact that the evidence she presented cast
doubt on whether the FAs were appropriately administered.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIM recommends denial indicating there is no evidence
of an error or injustice. Although the applicant was diagnosed
with Gastro Esophageal Reflux Disease (GERD), there is no clear
evidence the disease prevented her from achieving a passing
fitness assessment. She had an AF IMT 22, Notification of Air
Force Members Qualification Status, on file which cleared her
to perform the cycle ergometry, pushups, and abdominal
circumference portions of the FA at the time. Even if on a
medical profile, military members are still required to take
their FA on the components not exempt. She tested on 26 Aug 08
which was 3 days prior to the expiration date of her medical
profile, dated 30 Jul 08. She tested again on 28 Oct 08 on the
components (same as previous profile) listed on her AF IMT 422,
dated 20 Oct 08. Both fitness assessments were administered in
accordance with Air Force policy.
The complete HQ AFPC/DPSIM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 12 Mar 12 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant claims the previous decision to remove a referral EPR
from her record should logically result in the removal of the
contested Fitness Assessment (FA) scores as they formed the
basis of the now removed Referral EPR. After a thorough review
of the evidence of record and the applicants complete
submission, we agree. We note the comments of the Air Force
office of primary responsibility (OPR) indicating the contested
FAs were carried out appropriately and in accordance with Air
Force policy. However, in view of the fact the Secretarys
designee, in considering the applicants previous request, found
the evidence was sufficient to cast doubt as to whether the FAs
were appropriately administered, we believe it appropriate to
resolve any doubt in this matter in the applicants favor. We
note the applicants request related to the duplicate entry in
the AFFMS related to her 25 Jan 05 FA score has been resolved
administratively. Therefore, to preclude the possibility of an
injustice to the applicant, we recommend her records be
corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that her
Fitness Assessments (FAs), dated 26 Aug 08 and 28 Oct 08, were
declared void and removed from the Air Force Fitness Management
System (AFFMS).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04745 in Executive Session on 14 Jun 12, 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 28 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 24 Feb 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 12.
Panel Chair
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