AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01123
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show that:
1. His Fitness Assessment (FA) failure, dated 22 Nov 11, be
declared void and removed from the Air Force Fitness Management
System (AFFMS).
2. His referral Enlisted Performance Report (EPR), rendered for
the period 1 Jun 11 through 20 Dec 11, be declared void and
removed from his records.
3. He was promoted to the grade of Senior Airman (SrA),
effective 1 Feb 12.
________________________________________________________________
APPLICANT CONTENDS THAT:
He failed his FA due to a medical condition that required
surgery. Since 21 Oct 11 he had been experiencing testicular
pain that forced him to seek medical care, including a visit to
the Emergency Room on 2 Nov 11. During his 22 Nov 11 FA, he
experienced extreme pain which prevented him from completing the
required number of sit ups.
On 28 Nov 11, he received an AF Form 469, Duty Limiting
Condition Report, restricting his physical activity through
22 Jan 12. His condition required surgery on 14 Feb 12 to
accomplish spermatic cord stripping and for orchodepexy
(undescended testicle).
In support of his appeal, the applicant provides copies of
letters of support from three members of his chain of command,
and excerpts from his Chronological Record of Medical Care, his
AFFMS Individual Assessment History, the contested EPR and his
rebuttal thereto.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
At the time of the failed FA, the applicant was serving in the
Regular Air Force in the grade of Airman First Class (A1C).
On 22 Nov 12, the applicant only completed 41 sit ups during is
FA, causing his score to be “unsatisfactory.”
The applicant received a referral EPR for the period 11 Jun 11
through 20 Dec 11 because he was in “failed FA status” when the
EPR came due based on a Change of Reporting Official (CRO).
Because of the referral EPR, he was not eligible from promotion
to Senior Airman (SrA) on his projected promotion date of
1 Feb 12.
IAW AFI 36-2915, Fitness Program, if a medical evaluation
validates an injury/illness, the unit commander may invalidate
the test results. Scores can be entered into the AFFMS on the
sixth day if the Commander does not invalidate the test results.
The Airman should notify his/her commander in a timely manner
regarding the injury/illness to ensure communications regarding
test validity with the Medical Treatment Facility (MTF) and
Fitness Assessment Cell (FAC) staff occurs prior to score entry
into the AFMMS.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility which are included at Exhibits C, D,
and E.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating there is no evidence of
an error or injustice. On 16 Apr 12, DPSIM sent the applicant a
request
the
AF Form 108, Physical Fitness Education and Intervention
Processing, completed by the Military Treatment Facility. The
member did not provide the requested documentation, therefore
his request should be denied.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
AFPC/DPSID recommends denial of the applicant’s request to void
and remove his referral EPR. The DPSIM evaluation stated the
applicant did not provide the requested documentation.
Therefore, based upon the failed FA, his referral EPR was valid
and in accordance with all applicable Air Force policies and
procedures. The applicant provides no evidence to show he
sought to have the unit commander invalidate the test within
five days of the failed FA; or if such a request was initiated,
it was denied. An evaluation report is considered to represent
the rating chain’s best judgment at the time it was rendered.
Once a report is accepted for file, only strong evidence to the
specifically,
information,
for
additional
2
contrary warrants correction or removal from an individual’s
record.
A complete copy of the AFPC/DPSID evaluation is at Exhibit D.
AFPC/DPSOE recommends denial of the applicant’s request to
reinstate his promotion eligibility. The applicant would have
been time-in-grade eligible for promotion to SrA on 1 Feb 12.
However, the fact he received a referral EPR due to his FA
failure rendered him ineligible for promotion in accordance with
AFI 26-2502, Airman Promotion Program. Based on DPSIM’s
recommended denial of the applicant’s request to void and remove
his FA, and DPSID’s recommended denial of the applicant’s
request to void and remove his referral EPR, the applicant’s
request for reinstatement of his promotion eligibility should
also be denied. The applicant can be promoted no earlier than
the close out date of an EPR with a rating of “3” or higher that
is not a referral.
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 11 Sep 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
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 error or injustice. After a
thorough review of the evidence of record and the applicant’s
complete submission, we believe a preponderance of the evidence
supports corrective action. While we note the comments from
AFPC/DPSIM indicating the applicant failed to provide an AF Form
108 in response to their request, we find the medical
documentation submitted by the applicant indicating that his
medical condition eventually required surgery and the supporting
statements from his chain of command sufficient to establish
that his condition prevented him from attaining a passing score
on the contested FA. Therefore, we recommend the applicant’s
records be corrected as indicated below.
________________________________________________________________
3
c. He was promoted to the rank of Senior Airman (E-4),
Panel Chair
Member
Member
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show:
a. His Fitness Assessment (FA), dated 22 November 2011, be
declared void and removed from the Air Force Fitness Management
System (AFFMS).
b. His Enlisted Performance Report, rendered for the
period 1 June 2011 through 20 December 2011 be declared void and
removed from his records.
effective and with a date of rank of 1 February 2012.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01123 in Executive Session on 20 Nov 12, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 14 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 24 Jul 12.
Exhibit D. Letter, AFPC/DPSID, dated 17 Aug 12.
Exhibit E. Letter, AFPC/DPSOE, dated 22 Aug 12.
Exhibit F. Letter, SAF/MRBR, dated 11 Sep 12.
4
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