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AF | BCMR | CY2012 | BC-2012-00240
Original file (BC-2012-00240.pdf) Auto-classification: Denied
 

 

 
 

 
 

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 



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