RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00756

	XXXXXXXXXXX 	COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1.  Her Fitness Assessment (FA), dated 8 Mar 10 be removed from the Air Force Fitness Management System (AFFMS).

2.  Her referral Enlisted Performance Report (EPR), rendered for the period 12 Aug 08 through 11 Apr 10 be removed. 

3.  Her control roster (CR) which resulted from the FA failure be removed.

The advisories from DPSOE and DPSOA state the applicant’s records have been corrected to remove the FA dated 8 Mar 10 and the resulting referral EPR rendered for the period 12 Aug 08 through 11 Apr 10 was removed and replaced with an AF Form 77.  This in turn promoted the member to the grade of SrA with a date of rank of 26 Jan 2011 and has provided her supplemental promotion consideration for cycle 11E5.  The board should still consider whether the Control Roster which was issued not only for the contested FA failure, but also for two additional FA failures should be removed.  



APPLICANT CONTENDS THAT:

1.  Based on an ultrasound completed on 9 Mar 10, she was 6 weeks pregnant during the contested FA failure.  Therefore, IAW AFI 36-2905 4.2.3.2., she should not have taken the FA and it should be removed. 

2.  Her referral “4” EPR was rendered as a result of the contested FA failure and should be removed.  

3.  Her CR was also rendered as a result of the FA failure and therefore should be rescinded. 

In support of her contentions, the applicant submits; a personal letter to the board; an AF Form 469, Duty Limiting Condition Report; the Letter of Counseling (LOC) issued for the FA failure along with her rebuttal; the referral EPR issued for her fitness failure; and two AF Forms 418, Selective Reenlistment Program (SRP) Consideration for Airmen, indicating her eligibility for reenlistment.

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 senior airman (E-4) during the matter under review.

On 8 Mar 10, the applicant participated in the contested FA, and attained an overall composite score of 73.85, resulting in a “poor” rating.

On 10 Mar 10, the applicant was issued an AF Form 469, Duty Limiting Report, from her medical provider, who diagnosed her of being 6 weeks pregnant and indicating that she should have been exempted from the contested FA.

On 1 Jul 10, the contested EPR was referred to the applicant for a “does not meet” standards rating in Block III, Fitness. 

On 9 Dec 11, the applicant was issued an AF IMT 1058, Unfavorable Information File (UIF),  which placed her on a Control Roster (CR) due to the failed FAs dated 8 Mar 10, 10 May 11, and 30 Sep 11. 

On 31 May 2012 the applicant was issued an AF FM 418, Selective Reenlistment Program (SRP) Consideration for Airmen, informing the applicant that she was “not selected for reenlistment.” In the remarks it states that the action was due to the CR for three FA failures in a 24 month period.

On 3 Aug 2012 the applicant was issued another AF FM 418, informing her that she was now selected for reenlistment and the previous FM 418 was no longer valid as recent facts were uncovered that changed her eligibility.

HQ AFPC/DPSIM administratively corrected the applicant’s AFFMS record and removed the 8 Mar 10 FA failure.   

HQ AFPC/DPSIDE administratively corrected the applicant’s EPR (by voiding the report) for the period 12 Aug 08 through 11 Apr 10, and replacing it with an AF Form 77 stating “not rated for the time period, report was removed by order of Chief of Staff of the Air Force.”  Additionally, this action resulted in the applicant being promoted to SrA with a date of rank of 26 Jan 2011 and made her eligible for supplemental promotion consideration for cycle 11E5.  

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



AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request for removal of the CR due to the applicant having two other FA failures (10 May 11 and 30 Sept 11).  As per AFI 36-2907 para 2.1, the control roster is a rehabilitative tool for commander’s to use.  The applicant’s commander was well within their authority to issue a CR irrespective of the applicant’s 8 Mar 10 FA failure being administratively removed due to her pregnancy.  

AFPC/DPSOE indicates the applicant has been promoted to the rank of SrA with a DOR and effective date of 26 Jan 11. A CMS case has been forwarded to DFAS to correct her pay file. She has further been provided supplemental promotion consideration for cycle 11E5 using her tests scores from cycle 13E5 and was rendered a “non-select.” Should the Board grant the applicant's request to remove the CR action; they recommend she be provided supplemental promotion consideration to SSgt for cycle 12E5.

A complete copy of the evaluations is at Exhibits B through D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 18 Aug 14 for review and comment within 30 days (Exhibit E).  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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe she has met her burden of establishing the contested Control Roster (CR) should be removed from her records and the resulting administrative actions rescinded.  AFPC recommends denial of the request for removal of the CR, due to the applicant having two other FA failures (10 May 11 and 30 Sept 11); however, we disagree.  While the applicant did in fact have two other FA failures and we note the comments of AFPC/DPSIM concerning the justifiability of the CR action, we believe that the CR was a result of three FA failures.  In this respect, we recognize the updated AF FM 418, Selective Reenlistment Program (SRP), where the commander decided to retain the applicant since the contested FA was removed and the reasoning for initially recommending deny (Control Roster for 3 FA failures) was no longer valid. Given that the FA has already been removed from the applicant’s records and the commander’s decision to approve reenlistment, thus indicating that the CR should also be removed, we find a totality of the evidence supports favorable consideration of this request. Furthermore, while the applicant has been promoted and provided supplemental promotion consideration for cycle 11E5, we also find sufficient basis to recommend she be provided supplemental promotion consideration for cycle 12E5, for which she was ineligible due to the contested CR.  Therefore, based on the foregoing, we recommend the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that in 2011, she was not placed on the Control Roster as a result of Fitness Assessment failures.

It is further recommended that she be provided supplemental consideration for promotion to the grade of staff sergeant for all appropriate cycles beginning with cycle 12E5.  

If AFPC discovers any adverse factors during or subsequent to supplemental consideration 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 the individual's qualification for the promotion.

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The following members of the Board considered AFBCMR Docket Number BC-2013-00756 in Executive Session on 6 Nov 14, under the provisions of AFI 36-2603:

	XXXXXXXXXXX, Panel Chair
	XXXXXXXXXXX, Member
	XXXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 5 Jan 13, w/atchs.
     Exhibit B.  Memorandum, AFPC/DPSIM, dated 16 Nov 13 w/atchs.
     Exhibit C.  Memorandum, AFPC/DPSOE, dated 31 Mar 14 w/atchs.
     Exhibit D.  Memorandum, AFPC/DPSID, dated 4 Jul 14.
     Exhibit E.  Letter, SAF/MRBR, dated 18 Aug 14.