RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03222

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

The following Fitness Assessments (FA) scores be declared void 
and removed from the Air Force Fitness Management System 
(AFFMS):  17 Dec 10 (administratively resolved), 11 Feb 11 
(administratively resolved), 6 May 11 (administratively 
resolved), and 28 Aug 12.

________________________________________________________________

APPLICANT CONTENDS THAT:

She had medical conditions (chronic back pain and cervical 
cancer) that precluded her from successfully completing the 
contested FAs; this is corroborated by her medical records.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Air Force during the matter 
under review.

On 17 Dec 10, the applicant participated in the contested FA and 
attained an overall composite score of 77.60, resulting in an 
unsatisfactory rating.  This FA score was removed from the 
applicant’s records by the Fitness Assessment Appeals Board 
(FAAB) on 14 Feb 14.

On 11 Feb 11, the applicant participated in the contested FA and 
attained an overall composite score of 67.30, resulting in an 
unsatisfactory rating.  This FA score was removed from the 
applicant’s records by the FAAB on 14 Feb 14.
	
On 6 May 11, the applicant participated in the contested FA and 
attained an overall composite score of 62.50, resulting in an 
unsatisfactory rating.  This FA score was removed from the 
applicant’s records by the FAAB on 14 Feb 14.
On 10 May 11, the applicant was administratively demoted from 
the grade of airman first class (E-3) to airman (E-2) under the 
provisions of AFI 36-2502, Airman Promotion/Demotion Programs, 
paragraph 6.3.5, Failure to Keep Fit.  

On 4 Aug 11, the enlisted performance report (EPR), rendered for 
the period closing 23 Jul 11, was referred to the applicant for 
a “does not meet” standards rating in Block 3, Fitness, and 
comments indicating the applicant had failed four FAs during the 
reporting period.

On 28 Aug 12, the applicant participated in the contested FA and 
attained an overall composite score of 66.70, resulting in an 
unsatisfactory rating.  

On 16 Oct 12, the EPR, rendered for the period closing 17 Sep 
12, was referred to the applicant for a “does not meet” 
standards rating in Block 3, Fitness, and comments indicating 
the applicant failed to meet minimum fitness standards.

On 7 Dec 12, the applicant participated an FA and attained an 
overall composite score of 99.00, resulting in an excellent 
rating.  The applicant was exempt from the push-up and sit-up 
components. 

On 14 Feb 14, (FAAB) directed that the records of the applicant 
be administratively corrected to reflect removal of the 
applicant’s 17 Dec 10, 11 Feb 11, and 6 May 11 FAs.  However, 
the FAAB was not convinced that the evidence was sufficient to 
support removal of the FA dated 28 Aug 12.  

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

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends providing relief for the 17 Dec 10, 
11 Feb 11, and 6 May 11 FAs, since she provided medical 
documentation and an invalidation memorandum from her.  However, 
denial is recommended for the 28 Aug 12 FA since there is no 
evidence of an error or an injustice.  While the applicant 
contends that a medical condition precluded successful 
completion of this FA and medical records corroborate medical 
conditions from 15 Mar 11 to 22 Oct 12, she did not provide an 
invalidation memorandum from her commander requesting the FA 
from 28 Aug 12 be removed from AFFMS.  

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

________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a memorandum dated 28 Mar 14 from her 
commander expressing his support to have the 28 Aug 12 FA 
removed from her records.  The commander explains that the 
applicant had a permanent change of station (PCS) and, upon 
arrival at her new duty station, she attempted to make an 
appointment to obtain a new profile to document her exemptions 
due for her ongoing medical condition; however, she was unable 
to obtain an appointment until 6 Sep 12, after the 28 Aug 12 FA 
was administered.  The applicant should not have taken the 
contested FA without a profile and did not pass the cardio 
component.  He also indicates the applicant actually 
participated in the FA a month prior to when she should have and 
had she not been required to take the FA until then, she would 
have been appropriately profiled and passed the FA.  Subsequent 
to the 6 Sep 12 medical appointment, the applicant was placed on 
an appropriate profile and passed her next FA on 7 Dec 12 
(Exhibit E).

________________________________________________________________

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.  The 
applicant contends that her medical conditions unfairly 
precluded her from attaining a passing score on her 17 Dec 10, 
11 Feb 11, 6 May 11, and 28 Aug 12 Fitness Assessments (FA).  We 
note that after reviewing the evidence provided by the 
applicant, the Fitness Assessment Appeals Board (FAAB) 
administratively corrected the applicant's records to remove the 
17 Dec 10, 11 Feb 11, and 6 May 11 FAs, but was not convinced 
the evidence presented by the applicant was sufficient to 
conclude that the 28 Aug 12 FA should be removed from her 
records.  However, after a thorough review of the evidence of 
record and the applicant's complete submission, we are convinced 
that additional relief is warranted.  In this respect, we note 
that in response to the FAAB decision and AFPC/DPSIMC advisory, 
the applicant has provided a supporting statement from her 
commander indicating the contested FA should be removed because, 
through no fault of her own, she was unable obtain the correct 
profile from her primary care manager (PCM) prior to 
participating in the contested FA.  Furthermore, he indicates 
that had the contested FA been scheduled a month later when it 
was supposed to be, it would have taken place after the profile 
was eventually issued, resulting in the applicant attaining a 
passing score.  Therefore, in view of these facts, we are 
convinced that the 28 Aug 12 FA should be removed from the 
applicant's records.  Furthermore, in view of the fact that 
these four FAs formed the basis of the applicant's 
administrative demotion and two referral enlisted performance 
reports (EPR), we are convinced that the demotion should be set 
aside and the referral EPRs should be declared void and removed 
from her records.  Therefore, we recommend the applicant's 
records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force pertaining to the APPLICANT be corrected to reflect the 
following:

	a.  The Fitness Assessment (FA), dated 28 August 2012, be 
declared void and removed from her records.

	b.  The administrative demotion to the grade of airman   
(E-2) be declared void and removed from her records.

	c.  The enlisted performance reports (EPR), closing on 23 
July 2011 and 17 September 2012, be declared void and removed 
from her records.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03222 in Executive Session on 24 Sep 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

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

	Exhibit A.  DD Form 149, dated 28 Jun 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 21 Nov 13.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Feb 14.
	Exhibit E.  Letter, Applicant, dated 21 May 13 [sic],
                 w/atchs.