RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00365

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1.  Her Fitness Assessments (FA), dated 28 Jan 11 and 2 May 12, 
be declared void and removed from her records (administratively 
resolved). 

2.  Her referral Enlisted Performance Report (EPR), rendered for 
the period 16 Apr 11 through 15 Apr 12, be declared void and 
removed from her records.

3.  Her corrected records receive supplemental consideration for 
promotion to the grade of technical sergeant (E-6) for promotion 
cycle 13E6.

4.  She be awarded the Air Force Good Conduct Medal (AFGCM) for 
her service from 3 June 08 through 2 June 11.


APPLICANT CONTENDS THAT:

1.  The contested FA failures were a result of a medical 
condition beyond her control and her commander directed they be 
taken prior to her profile paperwork being accomplished.  
Subsequent to the contested FA failures, her medical provider 
documented on an AF Form 108, Physical Fitness Education and 
Intervention Processing, a medical condition that precluded her 
successful completion of the FAs.  Her commander had a second 
evaluation of her FA failures accomplished where it was 
determined the contested FA failures were the result of a 
medical condition.

2.  Her referral “4” EPR was rendered as a result of the 
contested FA failures and should therefore also be removed from 
her records.  As a result of the referral EPR, she was 
ineligible for promotion testing and was not considered for 
promotion during promotion cycle 13E6.  Since her medical 
condition was the contributing factor for her FA failures, she 
should receive supplemental promotion consideration.  

3.  On 15 Jun 11, she was denied award of the AFGCM without a 
reason being given.  The denial process for award of the AFGCM 
was not completed in accordance with AFI 36-2803, The Air Force 
Military Awards and Decorations Program.  During this timeframe, 
she had received other awards for her performance and her 
leadership did not advise her that her conduct was less than 
exemplary.

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


STATEMENT OF FACTS: 

The applicant served in the Regular Air Force in the grade of 
staff sergeant (E-5) during the matter under review.

On 28 Jan 11, the applicant participated in the contested FA and 
attained an overall composite score of 44.00, resulting in an 
unsatisfactory rating (the applicant was exempt from the push-up 
component).  This FA score was later removed from the 
applicant’s records by the FAAB on 6 Nov 13.

On 15 Jun 11, the applicant’s commander denied awarding her the 
AFGCM for the period of 3 June 08 through 2 June 11. 

On 29 Feb 12, the applicant became non-current with respect to 
her FA status.

On 2 May 12, the applicant participated in the contested FA, and 
attained an overall composite score of 48.00, resulting in an 
unsatisfactory rating (the applicant was exempt from all 
components with the exception of the abdominal circumference).  
This FA result was removed from the applicant’s records by the 
FAAB on 6 Nov 13.

On 15 May 12, the applicant’s commander ordered her to have a 
medical records review and an AF Form 108 completed at the 
Military Treatment Facility (MTF) to determine if a medical 
condition precluded her from passing the 28 Jan 11, 14 Apr 11, 
and 2 May 12 FAs, for the purpose of determining whether 
administrative discharge action should be taken.  
On 17 May 12, the contested EPR was referred to the applicant 
for a “does not meet” standards rating and comments in Block 
III, Fitness.  

On 22 May 12, according to an AF Form 108, a medical provider 
determined after review of the applicant’s medical records that 
she had a documented medical condition that precluded her from 
achieving a passing score on the 28 Jan 11 and 2 May 12 FAs.  

On 25 May 12, the applicant provided a response to the referral 
EPR indicating she was unable to meet fitness standards due to 
her medical condition and because the issue was beyond her 
control, it should have no negative impact on her career.

On 6 Nov 13, the Fitness Assessment Appeals Board (FAAB), 
directed that the 28 Jan 11 and 2 May 12 FAs be removed from the 
applicant’s the AFFMS.  

On 30 Jun 14, the applicant was honorably discharged in the 
grade of staff sergeant (E-5) and was credited with 15 years and 
1 day of total active service.  The narrative reason for the 
applicant’s separation was “Non-Retention on Active Duty.”

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary responsibility, which are at Exhibits C, D, and E.  


AIR FORCE EVALUATION:

AFPC/DPSIDR recommends approval of the applicant’s request for 
the AFGCM.  The AFGCM is awarded to enlisted personnel during a 
three-year period of active service or for a one-year period of 
service during a time of war.  The medal can also be awarded to 
service members who complete more than one year but less than 
three years of active federal military service if it has not 
been previously awarded.  After a thorough review of the 
applicant’s records, they were unable to verify she had 
previously received the medal.  The applicant provided 
documentation from those in her immediate chain indicating they 
were unaware of the commander’s denial.  The medal is awarded 
upon specific recommendation of the unit commander; however, the 
commander must consider the immediate supervisor’s 
recommendation before exercising their prerogative; they may 
deny if a member’s conduct is less than exemplary, coupled with 
submission of correlating documentation, i.e., an Unfavorable 
Information File (UIF), Control Roster actions, or a letter of 
reprimand, relating to the misconduct.  If the sole basis of 
denial from the applicant’s commander was due to her receipt of 
the referral EPR because of FA failures, such a circumstance, in 
and of itself, does not disqualify the applicant from receiving 
the medal.

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.  

AFPC/DPSID recommends denial of the applicant’s request to 
remove the contested referral EPR, since she has not exhausted 
administrative remedies by appealing to the ERAB.  Furthermore, 
her FA was not current at the time of the referral EPR close-out 
date.  Her last FA was 5 Aug 11, causing her next test to be due 
no later than 29 Feb 12.  Due to the report close-out date of 
15  Apr 12, without a current FA on file, the rating chain had 
no choice as per AFI 36-2905, Fitness, but to refer the report.  
In accordance with AFI 36-2905, Fitness, dated 18 Jul 11 para 
3.12 “failure to remain current as well as failure to attain a 
passing score on the applicable FA before the end of any 
evaluation reporting period will result in a “DOES NOT MEET 
STANDARDS” rating on the OPR/EPR.”  The evaluation was completed 
appropriately and within regulatory Air Force requirements.  An 
evaluation report is considered to represent the rating chain’s 
best judgment at the time it is rendered.  Once a report is 
accepted for file, only strong evidence warrants correction or 
removal from an individual’s record.  The applicant has not 
substantiated the referral report was not rendered in good faith 
by all evaluators, based on their knowledge at the time.  Due to 
the applicant being in a non-current fitness status, and no 
evidence to prove otherwise, the referral report, as rendered, 
is accurate. 

A complete copy of the AFPC/DPSIDE evaluation is at Exhibit D.

AFPC/DPSOE recommends denial of the applicant’s request for 
supplemental promotion consideration for cycle 13E6 on the basis 
that she was ineligible based on the 15 Apr 12 referral EPR.  
Furthermore, she was also ineligible for the cycle 12E6 due to 
her referral EPR for the prior rating period.  Should the Board 
direct removal of the contested referral report, there would 
still be no way for her to receive supplemental consideration 
for promotion to technical sergeant because she never tested and 
has no test on file.  

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 20 May 14 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 with respect 
to the applicant’s request that her referral enlisted 
performance report (EPR) be declared void and removed from her 
records.  The applicant contends that because she had a medical 
condition that unfairly precluded her from attaining passing 
fitness assessment (FA) scores, and said scores were the reason 
for the referral EPR, the EPR should be removed from her 
records.  After a thorough review of the evidence of record and 
the applicant’s complete submission, we are not convinced that 
corrective action is warranted.  While the applicant has 
presented a copy of an AF Form 108, Physical Fitness Education 
and Intervention Processing, indicating that she had a medical 
condition that precluded her from attaining passing scores on 
her 28 Jan 11 and 2 May 12 FAs, causing said FAs to be removed 
from her records by the Fitness Assessment Appeal Board (FAAB), 
we are not convinced that further action is warranted.  
Notwithstanding the FAAB’s action to remove these FA scores, the 
fact remains the applicant was non-current on fitness at the 
time of the close-out of the contested EPR.  In this respect, we 
note the comments of AFPC/DPSID indicating that because her last 
FA was on 5 Aug 11, her next FA (pass or fail) needed to be 
conducted no later than 29 Feb 12 in order for her to remain 
current.  As the report closed out on 15  Apr 12 without a 
current FA on file, the “Does Not Meet” standards rating for 
fitness was required in accordance with AFI 36-2905, Fitness, 
dated 18 Jul 11.  Because such a rating requires an EPR to be 
referred, the report had to be referred to the applicant.  
Therefore, in view of the fact that the contested EPR remains 
accurate, despite the removal of the 28 Jan 11 and 2 May 12 FAs, 
we find no basis to recommend corrective action with respect to 
the referral EPR or the applicant’s request for supplemental 
promotion consideration.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice with respect to the applicant’s request for the Air 
Force Good Conduct Medal (AFGCM).  In this respect, we agree 
with the opinion and recommendation of AFPC/DPSIDR and adopt its 
rationale as the basis for our conclusion that corrective action 
is warranted.  Therefore, we recommend the applicant’s 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 the APPLICANT be corrected to show that:

	a.  She was awarded the Air Force Good Conduct Medal 
(AFGCM) for the period 3 June 2008 through 2 June 2011.

	b.  Her DD Form 214, Certificate of Release or Discharge 
from Active Duty, issued in conjunction with her 30 June 2014 
release from active duty, be corrected to reflect that she was 
credited with the AFGCM w/four oak leaf clusters (OLC), instead 
of the AFGCM w/three OLCs.

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00365 in Executive Session on 19 Aug 14, under 
the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Forms 149, dated 14 Jan 13, 20 May 13, 
	            and 28 May 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIDR, dated 31 Dec 13.
	Exhibit D.  Letter, AFPC/DPSID, dated 11 Apr 14.
	Exhibit E.  Letter, AFPC/DPSOE, dated 28 Apr 14.
	Exhibit F.  Letter, SAF/MRBR, dated 20 May 14.