AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00240
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His fitness assessments dated 29 December 2010, 9 March 2011,
and 16 August 2011 be removed from the Air Force Fitness
Management System (AFFMS).
2. His enlisted performance reports (EPR) with the close-out
dates of 13 March 2009 and 13 March 2011 be voided and removed
from his records.
________________________________________________________________
APPLICANT CONTENDS THAT:
AFI 36-2905, Fitness Program, dated 1 July 2010, gives medical
doctors the authority to exempt him from all portions of the
fitness assessment. He submitted a letter from his current
primary care manager (PCM) stating his last three assessments
should be removed. He has had heart and back problems since
2007 and has not been released to perform physical training.
The referral EPRs have hindered him from testing for the rank of
master sergeant. He would like to test and have his records
corrected prior to retiring.
In support of the request, the applicant provides the contested
EPRs, AFFMS print-out, excerpt from AFI 36-2905, doctor’s notes,
AF Form 469, Duty Limiting Condition Report and AF Form 422,
Notification of Air Force Members Qualifications Status.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the Regular Air Force with an
approved retirement date of 1 November 2012.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. On 14 October 2010, the applicant
was placed on an AF Form 422 exempting the cardio, push-up, and
sit-up components of the fitness assessment. He was cleared for
the abdominal circumference (AC) component. These exemptions
were effective 16 September 2010 through 31 March 2011. The
applicant was placed on another AF Form 422 exempting him from
all components of the fitness assessment. That exemption began
on 20 December 2011 and expired on 7 June 2012.
On 29 December 2010, his AC measured 40” resulting in an
unsatisfactory. On 9 March 2011, his AC measured 39.50”
resulting in an unsatisfactory. On 29 December 2011, his AC
measured 40” resulting in an unsatisfactory.
The applicant’s fitness assessments were administered based on
the recommendation of his PCM.
The complete DPSIM recommendation, with attachments, is at
Exhibit C.
AFPC/DPSID recommends denial. A review of the applicant’s
AF Form 422 indicates he was exempt from the sit-up, push-up and
cardiovascular components of the fitness assessment. He was not
exempted from the abdominal circumference. He provided a letter
from his PCM stating that his current and prior medical
conditions prevented him from successfully passing the fitness
assessments. However, the diagnosis is contrary to the
competent medical authorities who diagnosed him at the time and
made no such diagnosis.
DPSIM provided an advisory stating the PCM did not exempt the
applicant from the AC component and that was the reason for his
failures. They recommend the contested fitness assessments
remain in AFFMS. Based on that recommendation, the referral
fitness comments as well as the “Does Not Meet” marking in
section III, Block 3 of the performance report are valid and in
accordance with applicable Air Force policies and procedures.
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 individual’s 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/DPSOE provides the following for informational purposes
only. The first time the contested report would have been
considered in the promotion process was cycle 10E7. However,
the referral EPR for the period of 14 March 2008 through
2
2009
rendered
for
him
ineligible
promotion
13 March
consideration. Although the next EPR rendered for the period of
14 March 2009 through 13 March 2011 was not a referral, the
applicant remained ineligible for promotion consideration for
cycle 11E7 since he received a referral report for the period
14 March 2010 through 13 March 2011.
Should the Board grant the applicant’s request and remove the
referral EPRs, he would be entitled to supplemental
consideration beginning with cycle 10E7, once tested.
The complete DPSOE evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 17 July 2102, 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.
________________________________________________________________
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.
3
Panel Chair
Member
Member
The following members of the Board considered AFBCMR Docket
Number BC-2012-00240 in Executive Session on 25 October 2012
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jan 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 4 Apr 12, w/atchs.
Exhibit D. Letter, AFPC/DPSID, dated 21 May 12.
Exhibit E. Letter, AFPC/DPSOE, dated 2 Jul 12.
Exhibit F. Letter, SAF/MRBR, dated 17 Jul 12.
Panel Chair
4
AF | BCMR | CY2012 | BC-2012-04301
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request to have her 17 October 2011 FA removed from AFFMS. A complete copy of the AFPC/DPSOE evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 14 May 2013 for review and comment within 30 days (Exhibit...
AF | BCMR | CY2012 | BC-2012-04609
Her 16 November 2010, 14 February 2011, 5 January 2012, 3 April 2012, and 2 July 2012 Fitness Assessment (FA) scores be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends approval of the applicants request to have her 16 November 2010, 14 February 2011, 5 January 2012, 3 April 2012, and 2 July 2012 Fitness Assessments removed from the Air Force Fitness...
AF | BCMR | CY2012 | BC-2012-00554
AFPC/DPSIM recommended the fitness assessment dated 22 February 2011 be removed. Should the Board deem the fitness assessments date 1 June 2011 and 31 August 2011 invalid and direct the EPR be changed from a referral to a non-referral, the applicant will be entitled to supplemental promotion consideration beginning with cycle 12E6, once tested. The complete DPSOE evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...
AF | BCMR | CY2013 | BC 2013 02775
________________________________________________________________ On 7 Jan 14, the Fitness Assessment Appeals Board (FAAB) disapproved the applicants request for removal of his failed FAs from the AFFMS stating that he should have tested within the limits of his profile. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the request for removal of the failed FAs dated 4 Apr 11 and 14 Nov 11 due to the lack of supporting...
AF | BCMR | CY2011 | BC-2011-03248
The remaining relevant facts pertaining to this application, extracted from the applicants military records are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C, and D. ________________________________________________________________ THE AIR FORCE EVALUATION: HQ AFPC/DPSID recommends denial of the applicant's request to change or void the contested EPR. DPSID states the applicant did not file an appeal through the Evaluation Report Appeals Board...
AF | BCMR | CY2013 | BC 2013 03538
On 15 Feb 13, he was given a AF Form 422, Notification of Air Force Qualification Status, which incorrectly authorized him to complete push-ups and sit-ups during FA testing, resulting in failure of his 28 Feb 13 FA because he only completed 10 push-ups. The applicant did not provide the Army version of the profile that was given to him, nor did he provide the original profile that should have been dated and signed by the Medical Provider on or about 15 Feb 13. While the Board notes the...
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-2013-00053
_______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for removal of the contested FAs. The applicant has failed to provide any information from the rating officials on the contested report. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00053 in Executive Session on 30 Jan 2014, under the provisions of AFI...
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 | CY2012 | BC 2012 03485
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. Exhibit C. Letter, AFPC/DPSID, dated 19 Sep 2013. Exhibit D. Letter, AFPC/DPSOE, dated 29...