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AF | BCMR | CY2012 | BC-2012-03598
Original file (BC-2012-03598.txt) Auto-classification: Approved
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 applicant’s appeal, he provides a personal 
statement, AF Forms 422, Notification of Air Force Member’s 
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 applicant’s 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 applicant’s 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 
applicant’s 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 applicant’s 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/DPSIM’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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.  Applicant’s 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.

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