RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04863
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His enlisted performance reports with close-out dates of
10 February 2011, 27 June 2010 and 27 June 2009, be removed from
his records.
2. His fitness assessments dated 28 February 2011, 30 November
2010, 8 October 2009 and 25 June 2009 be removed from the Air
Force Fitness Management System (AFFMS).
3. He be allowed to reenter the Air Force.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was involuntarily discharged for failing four fitness
assessments within two years.
He has a heart condition called Aortic Insufficiency and
Obstructive Sleep Apnea. He had been placed on waivers for
these conditions in the past and again after his fourth fitness
assessment failure.
The flight doctor told him there was nothing wrong with his
fitness performance. However, he was given a letter from a
cardiologist disproving that claim.
He believes he should have been evaluated by a medical
evaluation board for his continuous chest pains before and after
exercising.
In support of the request, the applicant provides a personal
statement, DD Form 214, Certificate of Release or Discharge from
Active Duty, AF Form 100, Request and Authorization for
Discharge, a physicians note, AFFMS print-out and a
congressional response.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 4 August
1999. On 11 May 2011, the applicant was notified of his
commanders intent to discharge him from the Air Force for
failing to meet minimum fitness standards. He acknowledged his
right to present his case before an administrative discharge
board, to be represented by military counsel and to submit
statements on his behalf. He initially elected to have his case
heard before a discharge board; however, he later elected to
waive his right to a discharge board.
On 20 June 2011, the case was found legally sufficient. On
22 June 2011, the commander directed he be discharged from the
Air Force. He was honorably discharged on 30 June 2011 and
credited with 11 years, 10 months and 27 days of active duty
service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. On 28 February 2011, the
applicant scored 31.70 points on the cardio component, 15.80
points on the abdominal circumference, 7.70 points for push-ups
and 5 points for sit-ups. The applicant did not pass the
fitness assessment due to his failure to meet the minimum
required score in the cardio and sit-up components of the
assessment.
On 30 November 2011, the applicant scored 35.80 on the cardio
component, 20 points for the abdominal circumference, 5.30 for
the push-ups and 5.50 for the sit-ups. The applicant did not
meet the minimum required score for the cardio and sit-up
components of the fitness assessment.
The applicant obtained an overall fitness level of good on his
fitness assessments on 6 May 2010 and 25 November 2009.
On 8 October 2009, the applicant did not obtain the minimum
required fitness level of good. His overall fitness score was
73.80 points; his fitness level was poor.
On 25 June 2009, the applicant failed to obtain the minimum
required fitness level of good. His overall fitness score was
56.60; his fitness level was poor.
The complete DPSIM evaluation is at Exhibit C.
AFPC/DPSID recommends denial. The applicant contends his
fitness failures were due to his underlying medical condition as
diagnosed by an off-base cardiologist. That evaluation does not
override the Air Force flight doctors medical opinion that the
medical conditions did not preclude the applicant from achieving
a passing fitness score.
Based on AFPC/DPSIMs recommendation to deny the applicants
request to have his fitness scores removed from AFFMS, the
referral fitness comments, as well as the Does Not Meet
marking in section III, Block 3 of each contested EPR is valid
and appropriate with all applicable Air Force policies and
procedures.
Additionally, only two of the three contested EPRs were
referrals due to fitness failures. The other EPR was marked
down for other performance issues and an overall rating of 4.
The applicant does not provide evidence or rational as to why he
seeks to void that EPR.
The applicants medical issues were properly taken into
consideration by the proper authorities within the military
medical community. A change or void to the contested EPRs would
be an injustice to other airmen who have consulted with the
medical community and received proper medical profiles regarding
the fitness program.
An evaluation is considered to represent the rating chains best
judgment at the time it is rendered. Once a report is accepted
for filing, only strong evidence to the contrary warrants
correction or removal from an individuals record. The
applicant has not substantiated the contested reports were not
rendered in good faith by all evaluators based on knowledge
available at the time.
The complete DPSID evaluation is at Exhibit D.
AFPC/DPSOS recommends denial. The applicants reentry code 2C
was properly established based on his involuntary discharge and
honorable character of service.
The applicant was counseled on several occasions and was
afforded ample opportunity to overcome his deficiencies. There
was no error or injustice with regard to his discharge
processing. Based on documentation within the applicants
master personnel records, the discharge to include the
characterization of service was consistent with procedural and
substantive requirements of the discharge instruction. The
applicant has provided no evidence that an error or injustice
occurred during the discharge process.
The complete DPSOS evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 12 April 2012, for review and comment within
30 days (Exhibit F). As of this date, this office has received
no response.
________________________________________________________________
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 an injustice. After a thorough
review of the evidence presented, we are not persuaded that the
fitness assessments or the contested reports are erroneous or
unjust as recorded. Therefore, we agree with the opinions and
recommendations of the Air Force offices of responsibility and
adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. In
the absence of persuasive evidence to the contrary, we find no
compelling 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 issues 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 AFBCMR Docket
Number BC-2011-04863 in Executive Session on 11 September 2012
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to BCMR Docket
Number BC-2011-04863 was considered:
Exhibit A. DD Form 149, dated 26 Dec 11 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 19 Jan 12.
Exhibit D. Letter, AFPC/DPSID, dated 27 Feb 12.
Exhibit E. Letter, AFPC/DPSOS, dated 19 Mar 12.
Exhibit F. Letter, SAF/MRBR, dated 12 Apr 12.
Panel Chair
AF | BCMR | CY2011 | BC-2011-05042
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate office of the Air Force, which are attached at Exhibit C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends the AFBCMR approve the applicants request to void the contested report. A complete copy of the AFPC/DPSIM evaluation is at Exhibit...
AF | BCMR | CY2013 | BC-2012-00021
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C, D, E, and G. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove his 19 Feb 2010 FA from the AFFMS. DPSIM states the applicant is requesting his FA dated 19 Feb 2010 be removed from the AFFMS. The complete DPSID evaluation, with...
AF | BCMR | CY2012 | BC-2012-02801
If she had been on the correct profile when she completed the June 2011 FA, she would have passed the FA with a 75.5 score and would not have received the referral EPR. DPSID states that based on the AFPC/DPSIM advisory to grant the relief sought to exempt the cardio component of the FA dated 8 June 2011, they contend that the fitness assessment failure is an inappropriate comment on the contested referral EPR, and as a result, the referral EPR should be removed from her record. The...
AF | BCMR | CY2013 | BC 2013 04468
Finally, the applicant did not provide any additional supporting documentation to consider, i.e., commanders invalidation, AF Form 422, etc. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request to void and remove the FAs dated 22 Feb 11, 1 Mar 11, and 22 Jun 11. A complete copy of the AFPC/DPSIM and AFPC/DPSIDE evaluations is at Exhibit B and Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant...
AF | BCMR | CY2012 | BC-2012-03598
________________________________________________________________ _ APPLICANT CONTENDS THAT: He failed the contested FA due to a medical condition that prevented him from achieving a passing score. The DPSID complete evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states he would like to amend his request to have the EPR rendered for the period 1 February 2011...
AF | BCMR | CY2013 | BC 2013 01291
His referral EPR dated from 7 Nov 2009 through 6 Nov 2010 was a direct result of the contested FA failures. His referral EPR dated from 18 Jun 11 through 23 Mar 12 was a result of his FA failure and a Letter of Reprimand (LOR) dated 7 Mar 2012, issued for domestic violence. In reference to the EPR rendered 17 Jun 2011, DPSID found that based upon the legal sufficiency of the Article 15, and no evidence the nonjudicial punishment was ever set aside, they find that its mention in the...
AF | BCMR | CY2012 | BC-2012-03320
________________________________________________________________ APPLICANT CONTENDS THAT: The medical condition that prevented him from doing the sit-up portion of the Air Force FA was not discovered until after his fourth failure and recommendation for discharge. On 22 Feb 12, the applicant participated in the second contested FA, attaining a composite score of 67.60, which constituted an unsatisfactory assessment.The following is a resume of his EPR ratings: RATING PERIOD PROMOTION...
AF | BCMR | CY2013 | BC 2013 04469
On 14 Feb 14, the Fitness Assessment Appeals Board (FAAB) directed that the applicants pertinent AFFMS records be updated to reflect the FAs dated 14 Dec 10, 2 Sep 11, and 1 Dec 11 be removed. The applicant provided medical documentation supporting his contention that his condition precluded him from attaining passing scores on the contested FAs and also provided two substitute reports signed by all of the original evaluators with memorandums supporting his request to substitute the...
AF | BCMR | CY2013 | BC 2013 01944
The updated AFFMS record indicates applicant continued to achieve unsatisfactory scores due to a composite score of 69.5 on both contested FAs. The applicants last five FA results are as follows: Date Composite Score Rating 5 Nov 13 70.00 Unsatisfactory 29 May 13 81.5 Satisfactory 27 Jul 12 Exempt Exempt *30 May 12 69.5 (corrected) Unsatisfactory *2 Mar 12 69.5 (corrected) Unsatisfactory * Contested FA On 16 Dec 13, the Fitness Assessment Appeals Board corrected the AFFMS records to...
AF | BCMR | CY2012 | BC 2012 05708
On 23 Mar 2010, the applicant failed his FA with a score of 72.00. The applicant has failed to provide any information from all the rating officials on the contested report. The complete DPSID evaluation is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The EPR did not include his performance for the entire rating period.