RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04301
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her 17 October 2011 Fitness Assessment (FA) score be
declared void and removed from the Air Force Fitness Management
System (AFFMS).
2. Her AF Form 910, Enlisted Performance Report (EPR) (AB thru
TSgt), rendered for the period 19 October 2010 thru 18 October
2011, be declared void and removed from her records.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. She was forced to take her FA the day before the close-out
of her EPR due to an error in the AFFMS which erroneously
indicated she was exempt from testing. Subsequently, she failed
the contested FA as a result of undiagnosed bronchitis and
sinusitis that affected the cardio component of her testing.
2. Her supervision knew of her diagnosis, but failed to request
an extension of the close-out of the contested EPR to give her
an opportunity to re-test; instead, they finalized her EPR, and
the annotated FA failure, causing the contested report to be a
referral.
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 (E-5).
On 17 October 2011, the applicant participated in the contested
FA, attaining a composite score of 62.00, which constituted an
unsatisfactory assessment.
On 18 October 2011, the contested EPR closed out.
On 18 October 2011, the applicant was diagnosed with acute
bronchitis and sinusitis by the Lourdes Medical Center of
Burlington County at Deborah Emergency Medicine.
On 1 December 2011, the contested EPR was referred to the
applicant due to a rating and comments relative to the contested
FA failure.
On 4 October 2012, AFPC/DPSIM requested the applicant provide
additional supporting documentation to substantiate her claim.
Specifically, a copy of her Air Force (AF) Form 469, Duty
Limiting Condition (DLC) Report; AF Form 422, Notification of
Air Force Members Qualification Status; and signed fitness
assessment score sheet. However, there is no evidence the
applicant responded to the request.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to have
her 17 October 2011 FA removed from AFFMS. In accordance with
Air Force Instruction (AFI) 36-2905, Fitness Program, if an
airman becomes injured or ill during the FA, he/she will have
the option of being evaluated at a Medical Treatment Facility
(MTF). If an injury/illness is validated and the unit commander
is provided supporting medical documentation, said FA may be
invalidated; otherwise, the original FA will count. Also, a
Fitness Screening Questionnaire (FSQ) is reviewed prior to
allowing any member to conduct an official FA. Any high risk
response is noted and forwarded to the MTF for further
disposition. If there is a need for a component exemption, an
AF Form 422 must be provided to the member by the MTF for
his/her commanders approval. In this case, the applicant did
not offer any evidence that she provided her commander with an
AF Form 422 or that the commander determined she should be
exempt from the cardio component of her test. More importantly,
the applicant failed to provide a copy of an AF Form 108, Physical Fitness Education and Intervention Processing,
indicating that she had a preexisting condition that contributed
to her 17 October 2011 FA failure. In addition, the applicant
did not notify her commander within one duty day of an
injury/illness to ensure communication regarding test validity
with the MTF and Fitness Assessment Cell (FAC) staff occurred
prior to her score entry into AFFMS.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
AFPC/DPSID recommends denial of the applicants request to
remove the contested referral EPR. The applicant asserts that
her supervision was aware of her diagnosis and never requested
her commander request an extension of the close-out date of her
EPR. Although, it is not mandatory for a commander to request
an extension past the annual date when an EPR is due, the
applicant did not provide any supporting documentation from the
rating chain claiming they were aware of her situation or that
they believed the failed FA should be invalidated. The
applicant provided a copy of a report from the Lourdes Medical
Center; however, it was her responsibility to pursue any needed
profile(s) with her Primary Care Manager (PCM). There is no
evidence to show that she made any attempts prior to, during, or
after her contested FA to obtain the needed documentation for
her unit commander to invalidate her test.
While the applicant claims that an error in AFFMS forced her to
take her PT test the day before her EPR closed out, she was
actually two months overdue for testing. Nevertheless, in
accordance with AFI 36-2905, it is every Airmans responsibility
to maintain fitness standards throughout the year. It appears
the applicant failed to maintain these prescribed standards
which resulted in an unsatisfactory FA on 17 October 2011.
Based on this assessment, the rating and comments relative to
her FA failure are valid and appropriate as recorded on the
contested evaluation in accordance with all applicable Air Force
policies and procedures.
The applicant may feel this is an injustice; however, there are
avenues to ensure that any medical issues are taken into
consideration, not by the rating chain, but with the proper
authorities within the medical community. To change or void
this EPR would be an injustice to other Airmen who consulted
with the medical community and received proper medical profiles
regarding the fitness program or the other Airmen who have met
the regulatory Air Force requirements. Also, the applicant did
not file an appeal through the Evaluation Report Appeals Board
(ERAB).
A complete of the AFPC/DPSID evaluation is at Exhibit D.
AFPC/DPSOE indicates they have no equity in the decision of the
applicants request but defers to the recommendations of
AFPC/DPSIM and AFPC/DPSID. Should the failed fitness assessment
and referral EPR be removed, the applicant would be entitled to
supplemental promotion consideration to the grade of technical
sergeant (E-6) beginning with cycle 12E6.
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 F). As of this date, no response has been received by
this office.
________________________________________________________________
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 a
thorough review of the evidence presented, we are not persuaded
that the fitness assessment or the contested EPR are erroneous
or unjust as recorded. Therefore, we agree with the opinions
and recommendations of the Air Force offices of responsibility
and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.
In the absence of persuasive evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04301 in Executive Session on 13 June 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 September 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 21 January 2013,
w/atchs.
Exhibit D. Letter, AFPC/DPSID, dated 22 April 2013.
Exhibit E. Letter, AFPC/DPSOE, dated 29 April 2013
Exhibit F. Letter, SAF/MRBR, dated 14 May 2013.
Panel Chair
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