RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-04871
				COUNSEL:  NONE
	  			HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Fitness Assessments (FA) dated 12 May 2011, 11 Aug   
2011, 1 Nov 2011 and 1 Feb 2012 be removed from the Air Force 
Fitness Management System (AFFMS).  

2.  His promotion to the grade of Master Sergeant (MSgt), with a 
date of rank and effective date of 1 Oct 2011, be reinstated.  

3.  His referral Enlisted Performance Report (EPR), for the 
period of 2 Nov 2010 through 1 Nov 2011 be void and removed from 
his records.  

4.  In his rebuttal dated 22 Nov 2013, the applicant amended his 
request to exempt the cardio portion of the Fitness Assessments 
noted above.   

_______________________________________________________________

APPLICANT CONTENDS THAT:

As a result of the failed FAs, he received a referral EPR and 
his projected promotion to the grade of MSgt was canceled.

He sought medical treatment during the period of the failed FAs 
but it was not until after the 1 Feb 2012 FA failure that he was 
diagnosed with sleep apnea, B-12 deficiency and suffered the 
effects of a stroke.  His Primary Care Manager (PCM) advised 
that his medical conditions impacted his performance on the FAs.  

In support of his requests, he provides a personal statement, 
copies of his AF Forms 108, Physical Fitness Education and 
Intervention Processing, EPR, notification of promotion withhold 
memorandum and various other documents associated with his 
requests.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

_______________________________________________________________




STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of technical sergeant (E-6).

On 26 Sep 2011, the applicant was notified that his promotion to 
the grade of MSgt was placed in withhold for failing to meet 
fitness standards.

He received a referral EPR for the period of 2 Nov 2010 through 
1 Nov 2011 which canceled his projected promotion.  

The applicant’s most recent FA results are as follows:

Date 
Composite Score
Rating
10 Sep 2013
77.56
Satisfactory 
(Exempt from push-ups)
14 Jun 2013
71.56
Unsatisfactory
(Exempt from push-ups)
30 Nov 2012
76.20
Satisfactory
4 May 2012
79.80
Satisfactory
1 Feb 2012
72.70
Unsatisfactory
1 Nov 2011
73.00
Unsatisfactory
11 Aug 2011
30.90
Unsatisfactory
12 May 2011
28.44
Unsatisfactory
(Exempt from push-ups)

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is included at Exhibit B.  

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request for 
removal of the contested FAs.  In accordance with Air Force 
Instruction 36-2905, Air Force Fitness Program, paragraph     
4.2, exemptions are designed to categorize members as unable or 
unavailable to train or assess for a limited time period and 
commanders may grant exemptions.  The applicant did not provide 
any evidence that would indicate the cardio portion of each FA 
should be exempt.  The AF Forms 108 the applicant provides 
indicates he had a medical condition, but the medical provider 
did not specify whether or not a cardio exemption should be 
granted.  Furthermore, there is no evidence of an error or 
injustice.  Commanders are the approval authority for FA 
exemptions and there is no evidence that indicates the 
applicant’s commander exempted him from any of the FA 
components.

The complete DPSIM evaluation is at Exhibit B.

DPSID recommends denial of the applicant’s request for removal 
of the referral EPR.  DPSID states that it was the applicant’s 
responsibility to pursue any needed profiles with his PCM during 
the appropriate time periods.  The applicant has not provided 
sufficient evidence to illustrate that any attempts were made by 
him prior to, during, or immediately after the time of the 
failed FAs to remedy any perceived medical conditions.  
Moreover, the applicant did not provide any evidence to show 
that he pursued the avenues to ensure that any issues were taken 
into consideration with the proper authorities in a timely 
manner.  Therefore, to change or void this evaluation would be 
an injustice to other airmen who have consulted with appropriate 
channels and received the proper guidance or have met the 
regulatory Air Force requirements.  An evaluation report is 
considered to represent the rating chain’s best judgment at the 
time it is rendered and once a report is accepted for file, only 
strong evidence to the contrary warrants correction or removal 
from an individual’s record.  

The complete DPSID evaluation is at Exhibit C.

DPSOE states they have no equity in the decision to remove the 
failed FAs or referral EPR.  Should the Board grant the 
applicant’s request for removal of the four failed FAs and 
referral EPR, the Board could direct that the applicant’s 
selection for promotion to the grade of master sergeant, with a 
date of rank and effective date of 1 Oct 2011, be reinstated.

The complete DPSOE evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the findings of the Air Force offices of 
primary responsibility.  Although the AF Forms 108 provided in 
his request, signed by his PCM and squadron commander, did not 
specifically state the cardio portion of the FAs in question 
should be exempt, he believes the intention was clear.  This was 
further evident upon initial review by AFPC where the cardio 
portions of the FAs were changed.  The letter from his Flight 
Surgeon and 844th Communications Squadron Executive Director 
states that he was diagnosed with a medical condition that 
precluded him from achieving a passing fitness score and that he 
should be exempt from the cardio component for the FAs dated 12 
May 2011, 11 Aug 2011, 1 Nov 2011 and 1 Feb 2012.  He requests 
the Board grant his requests for exemption from the cardio 
component of the FAs, removal of his referral EPR from his 
records and reinstatement of his promotion to the grade of MSgt 
with a date of rank and effective date of 1 Oct 2011.  



The applicant’s complete response, with attachments, 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 error or injustice warranting 
relief.  We note the Air Force offices of primary responsibility 
recommend the applicant’s requests be denied stating there is 
insufficient evidence to show that his unit commander approved 
an exemption from the cardio component or invalidated the 
contested FAs.  However, after reviewing the letter signed by 
the Flight Surgeon and the Executive Director of the         
844th Communications Squadron we find the evidence presented is 
sufficient to warrant removal of the contested FAs.  
Furthermore, because the failed FAs resulted in the applicant 
receiving a referral EPR and cancellation of his promotion to 
the grade of MSgt, we also recommend the EPR be declared void 
and removed from his records and that his promotion to the grade 
of MSgt be reinstated with a date of rank and effective date of 
1 Oct 2011.  Accordingly, in the interest of justice, we 
recommend the applicant’s records be corrected as indicated 
below.  

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved.  

________________________________________________________________

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 cardio component of his Fitness Assessments dated  
12 May 2011, 11 Aug 2011, 1 Nov 2011 and 1 Feb 2012 reflect 
“exempt” in the Air Force Fitness Management System.        

     b. The Air Force Form 910, Enlisted Performance Report (AB 
thru TSgt), rendered for the period of 2 Nov 2010 through 1 Nov 
2011 be declared void and removed from his records.         

     c. He was promoted to the grade of master sergeant (E-7) 
effective and with a date of rank of 1 Oct 2011.

If AFPC discovers any adverse factors that are separate and 
apart, and unrelated to the issues involved in this application, 
that would have rendered the applicant ineligible for the 
promotion, such information will be documented and presented to 
the Board for a final determination on applicant’s 
qualifications for the promotion.  

He be provided any additional supplemental promotion 
consideration required as a result of his promotion to the grade 
of master sergeant.
 
________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04871 in Executive Session on 5 Dec 2013 and    
13 Jan 2014, under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered: 

	Exhibit A.  DD Form 149, dated 12 Sep 2012, with atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 10 May 2013, w/atch.
	Exhibit C.  Letter, AFPC/DPSID, dated 23 Aug 2013.
	Exhibit D.  Letter, AFPC/DPSOE, dated 11 Sep 2013.  
	Exhibit E.  Letter, SAF/MRBR, dated 29 Oct 2013.
	Exhibit F.  Letter, Applicant, dated 22 Nov 2013, w/atch.  




					 
								Panel Chair