RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02939
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The Fitness Assessment (FA) dated 8 May 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
2. Letter of Counseling (LOC) dated 14 May 13, based on the FA failure, be declared void and removed from Personnel Information File (PIF).
Examiners note: There is no 8 May 13 FA reflected in AFFMS.
________________________________________________________________
APPLICANT CONTENDS THAT:
The contested LOC should be removed since she was not allowed the 42-day acclimation period at her new duty station prior to being administered the contested FA, as provided in the governing AFI.
In support of the appeal, the applicant submits 14 May 13 LOC, 20 May 13 LOC Rebuttal, and 2 May 13 e-mail scheduling her for a 8 May 13 FA.
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 Airman First Class (E-3).
On 14 Apr 13, the applicant arrived at Shaw Air Force Base.
On 15 May 13, the applicant received an LOC for FA failure on 8 May 13 FA.
On 20 May 13, the applicant submitted rebuttal comments to LOC.
The applicants last three FA AFFMS results are as follows:
Date
Composite Score
Rating
8 Jul 13
90.00
Excellent
20 Nov 12
88.70
Satisfactory
28 Nov 11
93.50
ExcellentIn accordance with guidance at the time of contested FA, AFI 36-2905 (1 Jul 10), Paragraph 4.2.4., A member in inbound status is given 42 days from his/her Date Arrive Station (DAS) date to acclimatize before assessment.
________________________________________________________________
AIR FORCE EVALUATION:
In an opinion, dated 12 Dec 13, AFPC/DPSIM, confirms there is no record of an 8 May 13 FA in the AFFMS. However, they recommend denial of her request to remove the 8 May 13 FA due to a lack of supporting evidence.
In an opinion, dated 29 Jan 14, AFPC/DPSIM, notes the Special Programs Branch recommends denial of the request to remove the LOC, stating in part, that while they cannot speak on the Flight Chiefs action being just or not, they have concluded that proper procedures were followed as outlined in AFI 36-2907.
A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 12 Mar 14 for review and comment within 30 days.
As of this date, no response has been received by this office (Exhibit D).
________________________________________________________________
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 to warrant voiding the contested Letter of Counseling. According to the AFFMS, as confirmed by DPSIM, there exists no 8 May 13 FA. In view of this, we find it reasonable to assume that it has already been invalidated and removed from her records. As such, the only remaining issue before us is the contested LOC. Although DPSIM recommends denial of the request to remove it since proper procedures were followed, we find this illogical in view of the fact the only basis for the LOC was an FA failure on 8 May 13. Therefore, we recommend the applicants records be corrected as indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Letter of Counseling, dated 15 May 13, be declared void and removed from her records.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-02939 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:
XXXXXXXX, Panel Chair
XXXXXXXX, Member
XXXXXXXX, Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jun 13, w/atchs.
Exhibit B. Memoranda, AFPC/DPSIM, dated 12 Dec 13 and 29 Jan
14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 12 Mar 14.
XXXXXXXX
Panel Chair
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