AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00554
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her fitness assessments dated 22 February 2011, 1 June 2011
and 31 August 2011 be removed from the Air Force Fitness
Management System (AFFMS).
2. The enlisted performance report with the close-out date of
4 August 2011 be changed from a referred 4 to a non-referred 4.
________________________________________________________________
APPLICANT CONTENDS THAT:
She should have been exempt from all components following
abdominal surgery on 9 January 2011. Three days after the
surgery she developed blood clots in her right lung and was
placed on blood thinners. While on this medication, she could
not participate in any type of exercise. She was on the
medication until 9 June 2011, yet, was restricted from exercise
until 13 February 2013.
In support of the request, the applicant provides a statement
from her commander and excerpts of her medical records.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is enlisted in the Regular Air Force and serving
in the grade of staff sergeant.
Data extracted from the Air Force advisories show that in
January 2011, the applicant underwent a medical procedure. She
was placed on convalescent leave for two weeks and received a
profile exempting her from exercising. She developed two
pulmonary embolisms and was placed on blood thinners. As a
result, she was restricted from exercising.
The applicant was exempted from the sit-up, push-up and
cardiovascular components of the fitness assessments. She
received an unsatisfactory: her abdominal circumference measured
at 35 inches on 22 February 2011. She received an
unsatisfactory on 1 June 2011: her abdominal circumference
measured at 38 inches. She received an unsatisfactory on
31 August 2011: her abdominal circumference measured at 38.50
inches.
She received a referral EPR which closed-out on 4 August 2011
stating she did not meet physical fitness standards.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends partial approval. The applicant was
placed on convalescent leave for two weeks following abdominal
surgery on 9 January 2011. An AF Form 422 was generated
exempting her from all components of the fitness assessment
except the abdominal circumference. Three days after her
abdominal surgery, she was placed on blood thinners and
prohibited from exercise. She was on the medication until
9 June 2011, and remains restricted from exercise until February
2013.
The member should have been exempted from the fitness assessment
for 90 days following her surgery. The fitness assessment dated
22 February 2011 should be removed from AFFMS.
The remaining fitness assessments (1 June 2011 and 31 August
2011) are valid and should remain in AFFMS.
The complete DPSIM evaluation, with attachment, is at Exhibit C.
AFPC/DPSID recommends denial of the applicant’s request to
change the referral report to a non-referral. A review of the
applicant’s AF Form 422 indicates she was exempt from the sit-
up, push-up and cardiovascular components of the assessment.
She was not exempted from the abdominal circumference.
AFPC/DPSIM recommended the fitness assessment dated 22 February
2011 be removed. They further stated the remaining fitness
assessments (1 June 2011 and 31 August 2011) were valid.
During that timeframe, no medical provider recommended the
abdominal circumference component be exempted, despite the fact
the applicant was entitled to 90 days exemption from the
abdominal component. The 1 June 2011, fitness assessment
failure is the assessment that caused the EPR to be referred.
The referral fitness comment as well as the “Does Not Meet”
marking in Section III, Block 3, is valid and appropriate as
recorded on the contested evaluation. Furthermore, it is in
accordance with all applicable Air Force policies and
guidelines.
2
The applicant’s medical issues were properly taken into
consideration by the proper authorities within the military
medical community. A change or void to the contested EPR 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 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 recommends denial of the applicant’s request for
supplemental promotion consideration. The first time the
contested report would have been considered in the promotion
process was cycle 12E6. However, the referral EPR rendered her
ineligible for promotion consideration.
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 EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 20 August 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice to warrant relief. We
took note of the Air Force offices of primary responsibility’s
recommendation not to remove the fitness assessments or void the
performance reports; however, based on the commander’s letter in
3
support of removing the fitness assessments, along with the
physician’s statement, we find the applicant’s surgery and
subsequent medical issues had a direct impact on her ability to
pass the referenced fitness assessments. We also find that she
exercised due diligence and continuously sought medical
treatment to resolve her medical issues. Based on the
foregoing, we recommend the 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. The fitness assessments dated 22 February 2011, 1 June
2011 and 31 August 2011, be removed from the Air Force Fitness
Management System (AFFMS).
b. The AF Form 910, Enlisted Performance Report (AB thru
TSgt) rendered for the period 5 August 2010 through 4 August
2011, be declared void and removed from her records.
c. An AF Form 77, Letter of Evaluation, stating the
overall rating of “4” is confirmed for the rating period
5 August 2010 through 4 August 2011, be inserted in her record
in its proper sequence.
It is further recommended that she be provided supplemental
consideration for promotion to the grade of technical sergeant
for promotion cycle 12E6.
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 this promotion, such
information will be documented and presented to the Board for a
final determination on the individual’s qualifications for the
promotion.
If supplemental promotion consideration results in the
selection for promotion to any 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 AFBCMR Docket
Number BC-2012-00554 in Executive Session on 2 October 2012
under the provisions of AFI 36-2603:
4
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00554 was considered:
Exhibit A. DD Form 149, dated 6 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 10 May 12, w/atch.
Exhibit D. Letter, AFPC/DPSID, dated 28 Jun 12.
Exhibit E. Letter, AFPC/DPSOE, dated 20 Jul 12.
Exhibit F. Letter, SAF/MRBR, dated 20 Aug 12.
Panel Chair
5
AF | BCMR | CY2013 | BC 2013 00324
On or about 18 March 2011, the applicant requested a two-week extension of the close-out date of the contested report to include a successful fitness assessment. On 24 November 2013, the Fitness Assessment Appeals Board voided the Fitness Assessments, dated 26 August 2004, 21 July 2005, 21 February 2006, 4 April 2008 and 14 October 2009, and they have been removed from the Air Force Fitness Management System. Moreover, we also recognize that she would have been able to successfully...
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-2012-00240
His fitness assessments dated 29 December 2010, 9 March 2011, and 16 August 2011 be removed from the Air Force Fitness Management System (AFFMS). 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). After a thorough review of the evidence presented, we...
AF | BCMR | CY2011 | BC-2011-04786
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 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...
AF | BCMR | CY2011 | BC-2011-04745
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04745 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 24 Apr 10, she petitioned the AFBCMR (Docket Number BC-2010- 02102) to void her referral EPR for the period 18 Oct 07 through 28 Oct 08, contending she was not given sufficient time to adjust to the new workout plan given to her by her doctors. ...
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 | 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 | CY2013 | BC 2013 01186
A complete copy of the BCMR Medical Consultant evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations and the BCMR Medical Consultant evaluation were forwarded to the applicant on 19 Jul 14 for review and comment within 30 days (Exhibit G). Furthermore, in view of the fact the applicant was furnished two letters of reprimand (LOR) and a referral enlisted performance report (EPR) as a direct result of the contested FAs, the majority...
AF | BCMR | CY2011 | BC-2011-05108
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIM recommends removal of her 23 Aug 11 FA, however, recommends denial of her request to void and remove her 25 May 11 FA because the member was tested correctly. The complete AFPC/DPSIM evaluation, with attachments, is...
AF | BCMR | CY2013 | BC 2013 00365
Her referral 4 EPR was rendered as a result of the contested FA failures and should therefore also be removed from her records. 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 20 May 14 for review and comment within 30 days (Exhibit F). The applicant contends that because she had a medical condition that unfairly precluded her from attaining passing fitness...