RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04786
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her 2 Aug 2010 Unsatisfactory Fitness Assessment (FA)
score be removed from the Air Force Fitness Management System
(AFFMS).
2. The Enlisted Performance Report (EPR) rendered for the
period 2 Sep 2009 through 1 Sep 2010 be declared void and
replaced with a re-accomplished report covering the same period.
3. She be allowed to test for the rank of master sergeant
(MSgt, E-7).
________________________________________________________________
APPLICANT CONTENDS THAT:
On 4 Jan 2011, she was diagnosed with Churg-Strauss syndrome.
This condition affects her physical capabilities. She is
currently exempt from all portions of the FA with the exception
of height, weight, and abdominal circumference. In a letter
dated 17 Feb 2011, her doctor stated this condition may have
impacted her previous FA scores.
In support of her request, the applicant provides copies of her
AF IMTs 422, Notification of Air Force Member's Qualification
Status, corrected Enlisted Performance Report (EPR), Individual
Fitness Assessment History, and supporting documentation from
her doctor, supervisor and commander.
The applicant's 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 technical sergeant (TSgt, E-6).
The remaining relevant facts pertaining to this application,
extracted from the applicants military records are contained in
the letter prepared by the appropriate office of the Air Force
at Exhibit C.
________________________________________________________________
THE AIR FORCE EVALUATION:
HQ AFPC/DPSIM recommends denial to void the applicants FA dated
2 Aug 2010 from AFFMS. DPSIM states, the applicant does have a
current AF IMT 422 on file which exempts her from all components
of the FA except the abdominal circumference. After review of
her fitness history, she was able to obtain passing scores with
the exception of her 4 May 2010 and 2 Aug 2010 FA. Moreover,
her fitness history reflects that she tested twice after the
2 Aug 2010 FA and was able to obtain a passing FA score before
being put on profile that exempted her from all components
except the abdominal circumference.
The complete DPSIM evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
She was enrolled in an Air Force fitness training program from
Sept through Oct 2010, which encompasses training for two hours
each day, five days a week for six weeks. As a volunteer for
the program, her goal was to improve both her overall fitness
level and her FA score. While she was successful in achieving
both, her success was only temporary because, only months after
completing the course and receiving a satisfactory FA score her
health began to deteriorate.
In Jan 2011, during a five day hospital stay, she was diagnosed
with Churg Strauss Syndrome. After her discharge she was placed
on convalescent leave for 30 days and after successive medical
treatment and testing, her diagnosis was changed to the auto-
immune disease, Wegeners Granulomatosis. Both diseases cause
inflammation of blood vessels, which restricts blood flow to
various organs. It affects the kidneys, lungs and upper
respiratory tract where the restricted blood flow to these
organs can cause massive damage. It is the danger of this
disease and diagnosis of a pre-existing condition that has
exempted her from the major components (running, crunches, push-
ups) of the FA. Therefore, she submits to the Board that it was
not due to the fitness program that she was able to have
successful FA Scores, but rather in spite of this potentially
life-threatening auto-immune disease that she was able to
successfully complete and achieve a satisfactory FA score.
She asserts that the factual data regarding her FA, her medical
diagnosis, and doctors letter validating the diagnosis affected
her FA.
Her complete response is at Exhibit E.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicants
request to have her 2 Aug 2010 Unsatisfactory FA score removed
from the AFFMS. The BCMR Medical Consultant states the
applicant wishes the Board to conclude that her fitness failure
in Aug 2010 was attributable to the illness which presented, and
was diagnosed five months later in Jan 2011. She states that
her "Back to Basics" fitness course in Sep/Oct 2010, helped her
successfully pass the fitness tests in Oct and Nov. She states
"only months after completing the course and receiving a
satisfactory score on the FA, my health began to deteriorate."
The brief letter from her doctor speculates that the illness may
have caused the applicant's fitness failure, but there is
neither clinical information nor any discussion of possible
pathophysiologic mechanisms to support that contention.
Although the applicant speculates that her illness may have
caused her fitness failure in Aug 2010 she does not tell us what
symptoms were present which would have affected her performance.
We do know that she was anemic (low hemoglobin) upon her
presentation to the hospital in Jan 2011. However, anemia can
present acutely or chronically. However tempting it is to
speculate about the onset of this very serious medical
condition, we have no information to assess whether the anemia,
or any other sign or symptom of this disease, was present at the
time of her fitness failure in Aug 2010. Consequently, we have
no information which would be sufficient to meet the burden of
proof of error or injustice. In order to remove the
unsatisfactory score, the Board would require some medical
evidence, rather than just speculation, that the disease was
both symptomatic and limiting at the time of her fitness
failure. The Medical Consultant concludes that the applicant
has not met the burden of proof of an error or injustice that
warrants the desired change of the record.
The complete BCMR Medical evaluation is at Exhibit F.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
In several email communiqués, the applicant provided a personal
statement, copies of a Medical Evaluation Board Summary, Report
of Medical Board and scientific literature from her Primary Care
Manager (PCM).
She understands the reason for recommending denial was based on
the Board not having any information which would be sufficient
to meet the burden of proof or error or injustice. In order to
remove the unsatisfactory FA score, the Board will require some
medical evidence, rather than just speculation that the disease
was both symptomatic and limiting at the time of her fitness
failure. In regards to that medical evidence, she adds the
following amplifying remarks:
Her previous PCM, who treated her at the time of her previous FA
failures, prescribed her an inhaler to help with her Asthma,
which is a corticosteroid steroid instrumental in treating such
diseases as Churg-Strauss Syndrome and Wegeners Granulomatosis.
As a result of him prescribing the inhaler and a rigorous Back
to Basics Course, she was able to pass two subsequent FAs.
Furthermore, her PCM has provided scientific literature to
support Asthma as a component of prodromal Churg-Stauss
Syndrome, the disease in which she was previously diagnosed.
The literature that he provided also states that Asthma exhibits
granulomatosis vascular change.
In summary, her PCM was treating her at the time of her FA
failures. He prescribed a corticosteroid inhaler to help her
pass subsequent tests. The Asthma that she was experiencing at
the time of her FA failures was attributed to the disease she
currently has. It is for these reasons that she respectfully
requests the Board grant her request to remove her
unsatisfactory FA dated 2 Aug 2010.
Her complete submission, with attachments, is at Exhibit H.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
relief. After careful consideration of the applicants complete
submission we believe it to be in the interest of justice to
grant the requested relief. We note the recommendations of the
Air Force office of primary responsibility and the BCMR Medical
Consultant to deny the requested relief. However, their
recommendations appear to be based primarily on the fact the
actions taken against the applicant were properly executed in
accordance with governing policy. We too fail to find that any
of the actions taken were improper at the time of execution or
were not done in accordance with pertinent policy.
Nevertheless, we must note that this Board may base its
decisions on matters of equity and justice, rather than simply
on whether rules and regulations were followed. After reviewing
the documentation submitted, we believe, the applicant has
provided sufficient evidence to support her request. In this
respect, we note the applicants treating physician opines that
the disease diagnosed in Jan 2011 was likely the cause of her FA
failures and in the interest of justice we believe her FAs dated
4 May 2010 and 2 Aug 2010 should be removed from her records.
Moreover, since her referral EPR was based on the unsatisfactory
FAs, it should also be removed. In view of the above, 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 APPLICANT, be corrected to show that:
a. Her fitness assessments dated 4 May 2010 and 2 Aug 2010
be declared void and removed from the Air Force Fitness
Management System.
b. The AF Form 910, Enlisted Performance Report (AB thru
TSgt), rendered for the period 2 Sep 2009 through 1 Sep 2010, be
declared void and removed from her records.
c. The attached AF Form 910, rendered for the period 2 Sep
2009 through 1 Sep 2010 be placed in her records.
It is further directed that she be provided supplemental
consideration for promotion to the grade of master sergeant for
all appropriate cycles beginning with cycle 11E7.
If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application, that would
have rendered the applicant ineligible for the promotion, such
information will be documented and presented to the board for a
final determination on the individual's qualification for the
promotion.
If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such
promotion the records shall be corrected to show that she was
promoted to the higher grade on the date of rank established by
the supplemental promotion and that she is entitled to all pay,
allowances, and benefits of such grade as of that date.
_______________________________________________________________
The following members of the Board considered this application
in Executive Session on 25 Sep 2012, 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 in AFBCMR BC-2011-
04786:
Exhibit A. DD Form 149, dated 19 Nov 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIM, dated 15 Feb 2012, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 6 Mar 2012.
Exhibit E. Letter, Applicant, dated 7 Apr 2012.
Exhibit F. Letter, BCMR Medical Consultant, dated 25 Jul
2012.
Exhibit G. Letter, SAF/MRBC, dated 25 Jul 2012.
Exhibit H. Letter, Applicant, undated, w/atchs.
Panel Chair
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