RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03598
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
1. The Fitness Assessment (FA) dated 26 January 2012 be removed
from the Air Force Fitness Management System (AFFMS).
2. The Enlisted Performance Report (EPR) rendered for the
period of 1 February 2011 through 31 January 2012 be declared
void and removed from his records (By amendment at Exhibit E).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He failed the contested FA due to a medical condition that
prevented him from achieving a passing score.
In support of the applicants appeal, he provides a personal
statement, AF Forms 422, Notification of Air Force Members
Qualification Status, dated 31 January 2012 and 26 September
2012, AF Forms 469, Duty Limiting Condition Report, dated
6 September 2012 and 7 May 2012.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of staff sergeant.
The applicants last five FA scores are as follows:
DATE SCORE
23 December 2010 EXEMPT
15 July 2011 SATISFACTORY
* 26 January 2012 UNSATISFACTORY
22 February 2012 SATISFACTORY
2 October 2012 EXCELLENT
*Contested FA score.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIM recommends partial relief. DPSIM states the cardio,
push-up, and sit-up components of the FA dated 26 January
2012 should be updated to reflect exempt in the AFFMS. The
applicants overall composite score will reflect
88.00 (Satisfactory). Per AFI 36-2905 paragraph 4.3.2
Component Exemption - Member is exempt from one or more
components of the FA, but will be assessed on remaining
components. The applicant provided an AF Form 422 dated 31
January 2012 stating he should not accomplish the 1.5 mile run,
1 mile walk, push-up, and sit-up compentents of the FA.
The DPSIM complete evaluation, with attachments, is at Exhibit
C.
AFPC/DPSID recommends denial of the applicants request to
upgrade the EPR. DPSID states based upon the recommendation
from AFPC/DPSIM, DPSIDE recommends denial to upgrade the EPR
without the applicant furnishing a corrected report. However,
should the applicant request to void the contested report, they
would agree with AFPC/DPSIMs actions and would recommend that
the contested report be voided.
The applicant contends that the contested referral 3 EPR he
was rendered was unjust due to an underlying medical condition
that prevented him from successfully passing his 26 January 2012
FA; thus, led to the fitness failure which resulted in a
referral EPR. Prior to the applicants fitness test taken on 26
January 2012, he was diagnosed with a hiatal hernia causing
esophageal reflux; however, the applicant was not placed on a
physical profile at the time. Upon the applicants completion
of his FA, he immediately reported to the Emergency Room based
on his symptoms that occurred during the FA. The applicant
provided medical documents to prove the diagnosis and a
memorandum from his primary care manager (PCM), to have the
contested fitness failure removed from the AFFMS. Changing the
final rating from a 3 to a 4 is strictly prohibited in
accordance with AFI 36-2401, paragraph A1.5.22 which states:
(Reaccomplishing an Evaluation Report) If you are requesting a
report be reaccomplished, you must furnish a substitute report
in your appeal case. The substitute report must be signed by
the evaluators who signed the original report. Further IAW AFI
36-2401, paragraph 1.3.7., it states that the Evaluation Report
Appeals Board will not consider nor approve requests to
reaccomplish a report without the applicant furnishing a new
report.
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 through 31 January 2012 removed from his
records.
The applicants complete response is at 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. In regard
to the contested FA, we believe the documentation provided by
the applicant provides a reasonable basis to conclude that he
should have been exempt from performing all components of the
contested FA. The statement from the family practice provider
dated 22 April 2012 and Chronological Record of Medical Care
dated 30 January 2012 indicates the applicants medical
condition precluded him from receiving passing scores on his FA.
His condition limited his activities. It was further stated the
applicant has no prior history of poor results on prior FAs. In
view of the above, we believe the contested FA should be removed
from the applicants records. In view of this and noting the
recommendation of AFPC/DPSID, we agree the contested EPR should
be declared void. Therefore, 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 Assessment (FA) dated 26 January 2012, be
declared void and removed from the Air Force Fitness Management
System (AFFMS).
b. The AF Form 910, Enlisted Performance Report (AB thru
TSgt), rendered for the period 1 February 2011 through 31
January 2012 be declared void and removed from his records.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2012-03598 in Executive Session on 13 August 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 August 2012, w/atchs.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 29 October 2012,
w/atchs.
Exhibit D. Letter, AFPC/DPSID, dated 5 March 2013.
Exhibit E. Letter, SAF/MRBR, dated 22 March 2013.
Exhibit F. Letter, Applicant, dated 15 April 2013.
AF | BCMR | CY2012 | BC-2012-01534
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends updating the push-up component of the applicants fitness assessment to reflect exempt in AFFMS; which would change her overall composite score to 88.33 (Satisfactory). The complete DPSIM evaluation, with attachment, is at Exhibit B. AFPC/DPSID recommends approval of the applicants request to remove her contested EPR. The complete DPSID evaluation is at Exhibit...
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 | CY2012 | BC-2012-02801
If she had been on the correct profile when she completed the June 2011 FA, she would have passed the FA with a 75.5 score and would not have received the referral EPR. DPSID states that based on the AFPC/DPSIM advisory to grant the relief sought to exempt the cardio component of the FA dated 8 June 2011, they contend that the fitness assessment failure is an inappropriate comment on the contested referral EPR, and as a result, the referral EPR should be removed from her record. The...
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-2012-03320
________________________________________________________________ APPLICANT CONTENDS THAT: The medical condition that prevented him from doing the sit-up portion of the Air Force FA was not discovered until after his fourth failure and recommendation for discharge. On 22 Feb 12, the applicant participated in the second contested FA, attaining a composite score of 67.60, which constituted an unsatisfactory assessment.The following is a resume of his EPR ratings: RATING PERIOD PROMOTION...
AF | BCMR | CY2012 | BC-2012-02474
His Fitness Assessment (FA) dated 10 Apr 12, be removed from the Air Force Fitness Management System (AFFMS). 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. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The...
AF | BCMR | CY2013 | BC 2013 00431
A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B. AFPC/DPSID recommends the associated EPR be voided if the associated FAs are invalidated, as it appears the EPR was a result of the FA failures. Consequently, based on our above determination and since AFPC/DPSID has indicated the report should be removed in its entirety if the Board determines the FA failures should be invalidated, we recommend the referral EPR be declared void and removed from his records. ...
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...
AF | BCMR | CY2012 | BC-2012-00302
The complete DPSIM evaluation, with attachment, is at Exhibit C. AFPS/DPSID recommends approval of removing the referral EPR and substituting it with the proposed non-referred EPR should the Board approve the applicants request regarding his assessments. The applicant has provided a letter from the treating physician stating his underlying medical condition existed during the time of the failed assessments and lent itself to the applicants inability to pass the FAs. The complete DPSID...
AF | BCMR | CY2013 | BC 2013 02880
In a letter dated 7 Apr 14, the applicants Primary Care Manager (PCM) stated that it was evident that the Synthroid regimen was being adjusted when the applicant failed her now one remaining FA failure on the AC measure. The complete FAAB evaluation, with attachments, is at Exhibit B. AFPC/DPSID recommends denial of the applicants request for removal of her referral EPR for the period through 16 Jun 11. In this respect, we note the applicant provides a letter dated 7 Apr 14, from her PCM...