RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03485
		        COUNSEL:  NONE
	  	        HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1. His 7 Mar 2012, 26 Jun 2012 and 19 Sep 2012 Fitness 
Assessments (FA) be declared void and removed from the Air Force 
Fitness Management System (AFFMS).      

2. In a letter dated 18 Nov 2012, the applicant amended his 
request to include the following:  His referral Enlisted 
Performance Report (EPR) for the period of 29 Feb 2012 to 11 Jul 
2012 be declared void and removed from his records.    

3. His promotion to the grade of technical sergeant (E-6), with 
a promotion effective date of 1 Sep 2012 be reinstated.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a preexisting medical condition that affected his ability 
to successfully pass the FAs.

His heart rate assessment during the one mile walk was not 
correctly assessed.

The push-up portion of the FA was incorrectly administered as 
the Fitness Assessment Cell (FAC) test monitor did not count the 
completed push-ups aloud or inform him of the ones that did not 
count prior to counting 17 push-ups.  

In support of his requests, he provides a personal statement, 
copies of AF Form 422, Notification of Air Force Member’s 
Qualification Status, the referral EPR, letters from his wing 
commander, FA test monitors and Primary Care Manager (PCM) and 
other various documents associated with his application. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________





STATEMENT OF FACTS:

The applicant received a referral EPR, with an overall rating of 
“3” for the period of 29 Feb 2012 to 11 Jul 2012, for the failed 
FAs.   

As a result of the referral EPR, his promotion to the grade of 
technical sergeant effective 1 Sep 2012 was canceled. 

The applicant’s PCM’s letter, dated 26 Jul 2012, states the 
applicant has migraines, frequently exercise triggered, 
situational anxiety (may have generalized anxiety disorder) and 
sleep apnea which affected his ability to complete the FAs.   

AF Form 422, dated 1 Nov 2012, exempted the applicant from all 
components of the FA, except the abdominal circumference for the 
period of 21 Sep 2012 to 21 Sep 2013.  

On 14 Nov 2012, his wing commander rescinded the convening of a 
discharge review board in light of new information that the 
applicant had a medical condition precluding him from passing 
the three contested FAs.

On 28 Oct 2013, the applicant was medically retired in the grade 
of staff sergeant (E-5).      

The applicant’s most recent FA results are as follows:

Date 
Composite Score
Rating
 18 Dec 2012
75.5
Satisfactory (abdominal 
circumference only)
 19 Sep 2012
71.75
Unsatisfactory (exempt 
push-ups/sit-ups) 
 26 Jun 2012
73.00
Unsatisfactory 
 7 Mar 2012
72.50
Unsatisfactory
 29 Aug 2011
85.67
Satisfactory (exempt 
cardio/sit-ups)
 25 Feb 2011
81.56
Satisfactory (exempt 
sit-ups)
 28 Jan 2011
69.40
Unsatisfactory

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is included at Exhibit B.  

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSIM recommends approval of the applicant’s request for 
removal of the 7 Mar 2012, 26 Jun 2012 and 19 Sep 2012 FAs.  The 
evidence provided by the applicant supports his claim of a 
preexisting, undiagnosed medical condition.  The medical 
evidence links the chronic migraines and anxiety to the 
applicant’s inability to pass FAs. Specifically, the 
Chronological Record of Medical Care, dated 18 Oct 2012, states 
that he is unable to run due to severe migraines, as a result, 
he is required to complete the walk which he fails due to an 
elevated heart rate.  The heart rate is a key factor in 
determining the outcome of the walk test and higher rates can 
reduce the amount of points achieved for the cardio component in 
accordance with Air Force Instruction 36-2905, Air Force Fitness 
Program, Air Force Guidance Memorandum (AFGM) 4.  

The complete DPSIM evaluation is at Exhibit B.

AFPC/DPSID recommends removal of the referral EPR if the Board 
grants the applicant’s request to void the three contested 
failed FAs.  Although the applicant did not exhaust available 
remedies by submitting an appeal to the Evaluation Report 
Appeals Board (ERAB) under the provisions of Air Force 
Instruction 36-2401, Correcting Officer and Enlisted Evaluation 
Reports, DPSID recommends removal of the referral EPR based on 
the recommendation of DPSIM that the applicant had a preexisting 
medical condition that affected his ability to successfully pass 
the FAs.  

The complete DPSID evaluation is at Exhibit C.

DPSOE states they have no equity in the decision to remove the 
failed FAs or referral EPR.  Should the Board grant the 
applicant’s request for removal of the three failed FAs and 
referral EPR, the Board could direct that the applicant’s 
selection for promotion to the grade of technical sergeant, with 
a date of rank and effective date of 1 Sep 2012, be reinstated.

The complete DPSOE evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 29 Oct 2013 for review and comment within 30 days 
(Exhibit E).  As of this date, this office has not received a 
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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After a 
thorough review of the evidence of record and the applicant’s 
submission, we agree with the opinions and recommendations of 
the Air Force offices of primary responsibility and adopt their 
rationale as our conclusion that the applicant was a victim of 
an error or injustice.  The medical evidence provided by the 
applicant substantiates he had a preexisting, undiagnosed 
medical condition and that his chronic migraines and anxiety 
impacted his ability to achieve a passing score on the 7 Mar 
2012, 26 Jun 2012 and 19 Sep 2012 FAs.  Furthermore, because the 
failed FAs resulted in the applicant receiving a referral EPR 
and cancellation of his promotion, to the grade of technical 
sergeant, we recommend the referral EPR for the period of 29 Feb 
2012 to 11 Jul 2012 be declared void and removed from his 
records and that his promotion to the grade of technical 
sergeant be reinstated with a date of rank and effective date of 
1 Sep   2012.  Accordingly, in the interest of justice, we 
recommend the applicant’s record be corrected as indicated 
below.

________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that:
 
     a. The Fitness Assessments dated 7 Mar 2012, 26 Jun     
2012 and 19 Sep 2012 be declared void and removed from the Air 
Force Fitness Management System.        

     b.  The Air Force Form 910, Enlisted Performance Report (AB 
thru TSgt), rendered for the period of  29 Feb 2012 to 11 Jul 
2012 be declared void and removed from his records.         

     c.  He was promoted to the grade of technical sergeant (E-
6) effective and with a date of rank of 1 Sep 2012. 

	d.  His DD Form 214, Certificate of Release or Discharge 
from Active Duty, issued in conjunction with his retirement on 
28 Oct 2013, be amended to reflect he was retired in the rank of 
technical sergeant, pay grade of E-6, with an effective date of     
1 Sep 2012.  

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03485 in Executive Session on 9 Jan 2014, under 
the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

All members voted to correct the records, as recommended.  The 
following pertinent evidence in AFBCMR Docket Number BC-2012-
03485 was considered:

	Exhibit A.  DD Form 149, dated 31 Jul 2012, with atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 22 Jul 2013, w/atch.
        Exhibit C.  Letter, AFPC/DPSID, dated 19 Sep 2013.
	Exhibit D.  Letter, AFPC/DPSOE, dated 29 Sep 2013.  
	Exhibit E.  Letter, SAF/MRBR, dated 29 Oct 2013.




					 
								Panel Chair