RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02502

	XXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1. The Fitness Assessments (FAs) dated 14 Mar 11 and 13 Jul 11 be declared void and removed from the Air Force Fitness Management System (AFFMS).

2. The resulting Control Roster (CR) and Reenlistment Eligibility (RE) code 4I—“Serving on Control Roster” be removed.  

3. His records be corrected to show that he is now and was promotion eligible during the time he was placed on a Control Roster.    

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APPLICANT CONTENDS THAT:

He had a pre-existing medical condition that precluded him from achieving a passing score on the contested FAs.

Due to the contested FAs and two other recent FA failures he was denied reenlistment and wrongfully placed on a control roster, which made him ineligible for promotion.  However, since the two contested FAs should be removed, so should the control roster action.  Additionally, his eligibility for reenlistment and promotion should be reinstated and backdated for supplemental promotion consideration.  The applicant references AFI 36-2095, Table A19.1. Administrative and Personnel Actions for Failing to Attain Physical Fitness Standards, and states that being placed on a control roster for a second FA failure is not recommended. 

In support of his contentions, the applicant submits a “Medical Determination Letter” from his medical provider; an AF Form 418, Selective Reenlistment Program (SRP) Consideration for Airmen, along with the rebuttal statements; and his “Enlisted Data Verification Record (DVR),” indicating his previous control roster status, ineligibility for promotion and reenlistment.  

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant was serving in the Regular Air Force in the grade of senior airman (E-4) at the time the application was submitted. 

On 14 Mar 11, the applicant participated in an FA, attaining an overall composite score of 74.70, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following composite scores:  Cardio (walk test) – 40/44.90 points, Abdominal Circumference – 36.00”/17.00 points, 
Push-ups – 36/5.80 points, Sit-ups – 45/7.00 points. 

On 13 Jul 11, the applicant participated in an FA, attaining an overall composite score of 36.33, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following composite scores:  Cardio – 16.40/8.30 points, Abdominal Circumference – 38.00”/14.40 points, 
Push-ups – Exempt, Sit-ups – 58/10.00 points.

The applicant’s last 10 FA results are as follows:

Date 
Composite Score
Cardio
Rating
18 Oct 13
40.00
14.25/0.00
Unsatisfactory
8 Apr 13
88.75
Exempt
Satisfactory
14 Feb 13
33.80
17:18/0.00
Unsatisfactory
20 Nov 12
35.60
15:15/0.00
Unsatisfactory
7 May 12
79.00
Exempt
Satisfactory
18 Oct 11
83.67
Exempt
Satisfactory
*13 Jul 11
36.33
16:40/8.30
Unsatisfactory
*14 Mar 11
74.70
40/44.90(Walk test)
Unsatisfactory
25 Feb 10
76.00
12:59/36.00
Good
19 Jan 09
84.00
11:56/39.00
Good* Contested FA

The Automated Records Management System (ARMS) shows the applicant received a referral AF Form 910, Enlisted Performance Report, with a close-out date of 17 Jul 11.  The markings on the EPR reflect a “Does Not Meet” in Section III, Block 3 due to his FA failures and an overall marking of “3.”  The applicant was ineligible for promotion consideration to SSgt during cycle 11E5 due to the referral EPR. He remained ineligible for promotion consideration for cycle 12E5 since the non-referral EPR, rendered for the period 18 Jul 11 through 17 Jul 12 closed-out after the promotion eligibility cutoff date (PECD) for the cycle (31 Mar 12).  He was also ineligible for promotion consideration during cycle 13E5 due to placement on the control roster.

A “Medical Determination Letter,” dated 19 Feb 13, signed by his medical provider, indicates that he had a “documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test,” dated 14 Mar 11 and 
13 Jul 11.

On 7 Mar 13, the applicant was issued an AF Form 418, Selective Reenlistment Program (SRP) Consideration for Airmen, informing that he was “not selected for reenlistment.” 

On 25 Mar 13, the applicant submitted an appeal to the AF Form 418, providing the 19 Feb 13 “Medical Determination Letter” as supporting documentation.

On 17 Apr 14, the commander granted the applicant’s appeal of the reenlistment denial, restoring his reenlistment eligibility and removing the RE code 4I.  

On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), due to insufficient evidence, i.e., missing documents from commander invalidating the 14 Mar 11 and 13 Jul 11 FAs.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial due to lack of supporting evidence.  In accordance with AFI 36-2905, Fitness Program, dated 1 Jul 10, AFGM2.l, dated 1 Jul 11, and AFI 36-2905, Fitness Program, dated 1 Jul 10, AFGM2, dated Dec 10, Paragraph 13. "If an Airman becomes injured or ill during the fitness assessment and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but their test will still count unless rendered invalid by the Unit Commander."  DPSIM states the applicant did not provide an invalidation memorandum from his commander, nor did he provide any documentation from the medical provider stating the exemptions.

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.

AFPC/DPSOA recommends closing the case, since the applicant's record currently reflects his requested actions and they do not have the history, nor are they the OPR for control roster actions; however, based on the information provided the previous RE code 4I would have been a result of the “control roster.”   

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

AFPC/DPSOE advises the applicant’s record currently reflects that he is eligible for promotion consideration to SSgt for cycle 14E5. DPSOE recommends that if the Board removes the “control roster,” they should consider supplemental promotion consideration for cycle 13E5.  However, the Board should be aware that even with the contested FAs removed, the applicant would still have two FA failures in a 24-month period.  In this respect, while attachment 19 of AFI 36-2905 suggests that commanders place Airmen on the control roster at the third failure, the table also indicates that it is only illustrative and is not binding.  Furthermore, if the Board decides to remove the two failed FAs, and the resulting referral EPR, they recommend the applicant be provided supplemental promotion consideration to SSgt beginning with cycle 11E5.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations, with attachments, were forwarded to the applicant on 25 Apr 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).
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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 he has met his burden of establishing the contested FAs should be declared void and the resulting administrative actions rescinded.  AFPC/DPSIM recommends denial of the request since there was no commander invalidation memorandum or documentation from his medical provider stating his exemptions; however, we disagree.  In accordance with AFI 36-2905, the applicant did in fact provide a medical determination letter signed by his medical provider stating that he had a documented medical condition that precluded him from achieving a passing score on the contested FAs. Furthermore, the applicant provided this same letter in his appeal to his denial of reenlistment under the Selective Reenlistment Program (SRP), which the commander accepted as sufficient evidence to approve his appeal.  In view of this action by the commander, we find sufficient evidence that he supported invalidation of the two contested FAs. Given his medical provider’s recommendation to invalidate the FAs and the commander’s decision to accept his appeal of the denial of reenlistment under the SRP, we find a totality of the evidence supports favorable consideration of the request to invalidate the contested FAs.  Although the applicant is currently eligible for promotion consideration for cycle 14E5, he was not eligible during cycle 13E5, as a result of being on the control roster for FA failures.  The comments of AFPC/DPSOE concerning the justifiability of the control roster action are noted; however, in view of our recommended corrective action to void and remove the contested FA failures, we find a sufficient basis to correct his records to show that he was never placed on the control roster.  Additionally, although not requested by the applicant, we also find a sufficient basis to remove the referral report, closing 17 Jul 11, since it was a result of the FA failures, thus affecting his promotion eligibility during the cycle 11E5.  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:

	a.	The Fitness Assessments, dated 14 Mar 11 and 13 Jul 11 be declared void and removed from the Air Force Fitness Management System.

 	b.	The referral AF Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period from 18 July 2010 through 17 July 2011 be declared void and removed from his records.

	c.	In 2013, he was not placed on the Control Roster as a result of Fitness Assessment failures.

It is further recommended that he be provided supplemental consideration for promotion to the grade of staff sergeant for all appropriate cycles beginning with cycle 11E5.  

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-2013-02502 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:

	XXXXXXX, Chair
	XXXXXXX, Member
	XXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02502 was considered:

     Exhibit A.  DD Form 149, dated 20 May 13, w/atchs.
     Exhibit B.  Memorandum, AFPC/DPSIM, dated 7 Sep 13 w/atchs.
     Exhibit C.  Memorandum, AFPC/DPSOA, dated 13 Mar 14.
     Exhibit D.  Memorandum, AFPC/DPSOE, dated 14 Apr 14.
     Exhibit E.  Letter, SAF/MRBR, dated 25 Apr 14.