RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02474
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
1. His Fitness Assessment (FA) dated 10 Apr 12, be removed
from the Air Force Fitness Management System (AFFMS).
2. If his FA is removed, he would also like his Enlisted
Performance Report (EPR) rendered for the period 4 Mar 11
through 1 May 12, be declared void and removed from his records.
________________________________________________________________
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APPLICANT CONTENDS THAT:
During the run portion of the FA, he had a shooting pain down
the front of his left shin. He tried walking to see if the pain
would go away, and when it did not, he proceeded to run again in
order to finish his test.
On 18 Apr 12, he completed a mock test with his supervisor, he
exceeded both components of muscle fitness; however, during the
run portion he felt the same throbbing pain in his left shin.
After completing the mock test, he was ordered to go to the
Urgent Care Center at Wilford Hall to be checked out by the
medical staff. He was diagnosed with shin splints and referred
to his primary care manager (PCM). His PCM confirmed the
diagnosis and he was placed on a 90-day profile.
He provides a statement from his PCM and a letter of support
from his section commander.
His EPR is unjust because it is based on an injury that
prevented him from successfully passing his physical fitness
test during the timeframe of the report.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of master sergeant.
His FA dated 10 Apr 12, reflects a total score of 59.50, which
was recorded as Unsatisfactory.
The applicants contested EPR rendered for the period 4 Mar
11 thru 1 May 12 contains a 5 rating; however, the report was
marked as Meets in Section III, Block 2, Standards:
Enforcement and Personal Adherance, Conduct, Character, Military
Bearing and Customs and Courtesies; and Block 3, Fitness.
The applicant did not file an appeal through the Evaluation
Report Appeals Board (ERAB) under the provisions of AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits D and E.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. DPSIM states that on 27 Jun 12, a
memorandum was sent to the applicant requesting additional
documentation, specifically, copies of his AF Form 469, Duty
Limiting Condition Report and AF Form 108, Physical Fitness
Education and Intervention Processing, indicating that he had a
preexisting condition that contributed to his fitness failure.
DPSIM states per AFI 36-2905, Fitness Program - Air Force
Guidance Memorandum 4, Paragraph 10, If an Airman becomes
injured or ill during the FA and is unable to complete all
required components, he/she will have the option of being
evaluated at the Medical Treatment Facility (MTF), but his/her
test will still count unless rendered invalid by the unit
commander. If the medical evaluation validates the
illness/injury, the unit commander may invalidate the test
results. The Airman will then be required to retest within
5 duty days or when capable based on the recommendations of the
medical provider/MLO and the Exercise Physiologist (EP). Scores
can be entered in AFFMS on the 6th duty day if the commander does
not invalidate test results.
The complete DPSIM evaluation is at Exhibit B.
On 12 Feb 13, AFPC/DPSIM provided a corrected advisory opinion
recommending partial approval by updating the cardio component
of the FA dated 10 Apr 12, to reflect exempt in the AFFMS.
DPSIM states the applicant provided documentation from the MTF
validating his injury, the commander chose not to invalidate the
entire assessment, but did invalidate the cardio component. The
commanders memorandum serves as authorization to invalidate the
cardio component only. Additionally, there is no evidence to
support removing any other FA component from the AFFMS. The AF
Form 422 provided by the applicant clears him for testing on all
other components.
The complete DPSIM evaluation is at Exhibit D.
AFPC/DPSID states based on the recommendation from DPSIM to only
exempt the cardio portion of the applicants FA test and not
remove the entire 10 Apr 12 FA, they recommend the AFBCMR deny
the applicants request to void the contested EPR.
Based on this exemption of the cardio component, the applicants
FA score would result in a passing score of 94.50. The
applicant is requesting that his EPR be removed with no
justification/explanation from either himself or any of his
rating officials who signed the report. The contested report
was marked down in Section III, Block 2; however, the applicant
has not provided any substantial evidence that the Meets
marking was clearly and solely based on the FA failure. The
applicant had three consecutive failed FAs during the contested
rating period; this could have possibly been the explanation for
the mark-down of Meets as opposed to Above Average or
Clearly Exceeds. The applicant only focuses on the 10 Apr 12
failed FA, which essentially is irrelevant to this contested
report, as the applicant had a subsequent passing score of 97.25
as of the close-out date of this EPR; a passing score which was
applied to this contested report. Historically, the applicant
appears to have had difficulty in maintaining Air Force
standards, as shown in the applicants historical AFFMS report.
Prior to the contested report, the applicant had numerous FA
failures; thereby, indicating the cardio portion may not have
been the only issue, rather the applicants inability to
successfully meet the overall fitness standards.
It appears the applicant did not adequately prepare to take the
fitness test within the contested rating period and that his own
voluntary decision to take the fitness test (being well aware of
the possible injuries) resulted in the three consecutive fitness
failures that perhaps caused the mark-down on the contested EPR.
Nevertheless, it was ultimately the applicants responsibility
to ensure that he was properly prepared for his FAs. Although
the applicant may feel that this was an injustice, there were
avenues to ensure that any medical issues were taken into
consideration prior to the report close-out date; not only by
the rating chain, but with the proper authorities within the
medical community. Therefore, to change or void this evaluation
would be an injustice to other Airmen which have consulted with
the medical community and received the proper medical profiles
regarding the fitness program or the other Airmen which have met
the regulatory Air Force requirements.
The evaluation was completed within the regulatory Air Force
requirements and procedures. An evaluation report is considered
to represent the rating chains best judgment at the time it is
rendered. Once a report is accepted for file, only strong
evidence to the contrary warrants correction or removal from an
individuals record. The burden of proof is on the applicant to
substantiate that the contested report was not rendered in good
faith by all evaluators based on knowledge available at the
time.
The complete DPSID evaluation is at Exhibit E.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 Sep 12, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
On 14 Mar 13, copies of the additional Air Force evaluations
were forwarded to the applicant for review and comment within 30
days. To date, a response has not been received (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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After
carefully reviewing the evidence of record, we are not persuaded
that the applicants Fitness Assessment (FA) dated 10 Apr 12 or
the contested report should be removed. Therefore, we agree
with the opinions and recommendations of the Air Force offices
of primary responsibility and adopt their rationale as the basis
for our conclusion that the applicant has failed to sustain his
burden of proof that he has suffered an error or injustice. In
view of the above and absent evidence to the contrary, we find
no basis to recommend granting the relief sought.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to warrant partial relief. After carefully
considering the evidence of record, we agree with the
recommendation made by DPSIM to update the cardio component of
his FA dated 10 Apr 12, to reflect exempt in the AFFMS. We
note this will change his overall composite score to reflect a
passing score of 94.50. Accordingly, we recommend his records
be corrected to the extent 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 the
cardio component of his Fitness Assessment (FA) dated 10 Apr 12,
reflect exempt in the Air Force Fitness Management System
(AFFMS).
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2012-02474 in Executive Session on 28 Mar 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jun 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 7 Sep 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 17 Sep 12.
Exhibit D. Letter, AFPC/DPSIM, dated 12 Feb 13.
Exhibit E. Letter, AFPC/DPSID, dated 13 Mar 13.
Exhibit F. Letter, SAF/MRBC, dated 14 Mar 13, w/atchs.
Panel Chair
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