RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	 DOCKET NUMBER:  BC-2013-04305
			 COUNSEL:  NONE
	  		 HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His failed Fitness Assessments (FA) from 30 Jul 12 to 1 Aug 
13 (dated 30 Jul 12, 30 Oct 12 and 1 Aug 13) be removed from the 
Air Force Fitness Management System (AFFMS).  (Administratively 
Corrected)

2.  His grade of Technical Sergeant (TSgt, E-6) be reinstated.
 
3.  He receives supplemental promotion consideration for 
promotion to the grade of Master Sergeant (MSgt, E-7).   

________________________________________________________________

APPLICANT CONTENDS THAT:

He failed the FAs as a result of undiagnosed and untreated 
medical conditions.

He was demoted twice and missed a testing cycle for promotion to 
the grade of MSgt.

In support of his requests, he provides copies of AF Form 469, 
Duty Limiting Condition Report; AFFMS information, medical 
information and various other documents associated with his 
requests. 

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently on active duty in the grade of Staff 
Sergeant (SSgt, E-5).  

In response to the commander’s request, his medical care 
provider  in a letter dated 13 Sep 13 states the applicant’s FA 
failures over the past year were due to an undiagnosed medical 
condition which hindered his abilities to fully participate in 
certain components of the FA.  The naso-laryngeal condition 
together with a knee condition that required arthroscopy and 
inactivity with subsequent weight gain are the cause for his FA 
failures.  Due to the nature of his vocal cord dysfunction and 
its specific effects on the body, he is unable to reach maximal 
ventilation thus decreasing his cardiovascular abilities.  This 
in turn would lead to his FA failures, more specifically, the 
run portion. As the applicant had decreased aerobic 
capabilities, this would in turn lead to some weight gain.   

In a letter dated 22 Oct 13, the demotion authority reinstated 
his grade to SSgt with his original Date of Rank (DOR) of 9 Jan 
13.  

He received two referral Enlisted Performance Reports (EPRs) for 
the periods of 5 Dec 10 thru 4 Dec 11 and 5 Dec 11 thru 30 Oct 
12 for not meeting FA standards.     

The applicant’s most recent FA results are as follows:

Date 
Composite Score
Rating
 28 Jan 13
81.3
Satisfactory
 24 Feb 12
81.3
Satisfactory
 8 Nov 11
63.5
Unsatisfactory
 5 Nov 11
76.3 
Satisfactory 
 10 Feb 11
67.5  
Unsatisfactory 
 31 Aug 10 
78.10
Satisfactory
 12 May 10
63.10
Poor

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends the FAs dated 30 Jul 12, 30 Oct 12 and 
1 Aug 13 be void and removed from the AFFMS.  The applicant 
provided the necessary documentation to support he had a medical 
condition that prevented him from achieving a passing score on 
the contested FAs.  At the request of his commander, the 
applicant’s medical provider reviewed his medical records and in 
a letter dated 13 Sep 13, documented that the naso-laryngeal 
condition together with a knee condition, that required 
arthroscopy and inactivity with subsequent weight gain are the 
cause for his fitness failures.  He also provided an AF Form 
469 that expired on 31 Dec 13 clearing him for the Abdominal 
Circumference (AC) measurement only.  

The complete DPSIM evaluation is at Exhibit C.

On 20 Feb 14, the DPSIM Fitness Assessment Appeals Board (FAAB) 
on the recommendation of DPSIM approved the removal of the FAs 
dated 30 Jul 12, 30 Oct 12 and 1 Aug 13 from the AFFMS.  

The complete DPSIM FAAB evaluation is at Exhibit D.

DPSOE recommends denial of the applicant’s request for 
reinstatement to the grade of TSgt.  On 18 Dec 12, he was 
notified of demotion action for failing to meet fitness 
standards on five occasions in a 24-month period (12 May 10, 
10 Feb 11, 8 Nov 11, 30 Jul 12 and 30 Oct 12) and was demoted 
from the grade of TSgt to SSgt effective 9 Jan 13.  The demotion 
to the grade of SSgt remains valid since the failed FAs dated 
12 May 10, 10 Feb 11 and 8 Nov 11 have not been removed.  

The applicant’s Date of Rank (DOR) to the grade of SSgt and 
effective dates are incorrect. AFI 36-2502, Airman 
Promotion/Demotion Programs, paragraph 6.1.6.1, states when 
restoration of rank is approved the effective date and DOR are 
the date on which the demotion authority approves the 
restoration in writing (21 Oct 13).  Unfortunately, the 
restoration letter stated the applicant would be given his SSgt 
stripe back with his "original date of rank.”  Subsequently, the 
applicant's record was updated incorrectly with a DOR and 
effective date of 9 Jan 13.  DPSOE recommends it not be changed 
as he would incur an 8 month debt (the difference between 9 Jan 
13 and 21 Oct 13).  Based on his current rank and DOR, he will 
be eligible for promotion consideration to the grade of TSgt 
during Cycle 15E6.  If his DOR is corrected to what it should be 
(21 Oct 13), not only will he incur a debt but he will not be 
eligible for promotion consideration to the grade of TSgt before 
his mandatory separation in May 16 due to High Year Tenure 
(HYT).  DPSOE further states, although not requested, the Board 
could grant removal of the referral EPRs for the periods of 
5 Dec 10 thru 4 Dec 11 and 5 Dec 11 thru 30 Oct 12. 

The complete DPSOE evaluation is at Exhibit E.   

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 Apr 14, copies of the Air Force evaluations were forwarded 
to the applicant for review and comment within 30 days (Exhibit 
F).  As of this date, this office has not received a response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 error or injustice to warrant 
restoring the applicant’s grade to TSgt.  After a thorough 
review of the available evidence, we find no evidence which 
would persuade us that the applicant’s records should be 
corrected as requested.  Therefore, we agree with the opinion 
and recommendation of DPSOE and adopt its rationale as the basis 
for our conclusion that the applicant has not been the victim of 
an error or injustice.  We also note that DPSOE suggests that 
the applicant’s referral EPRs for the periods 5 Dec 10 thru 
4 Dec 11 and 5 Dec 11 thru 30 Oct 12 be removed.  However, the 
Board is the highest administrative level of appeal within the 
Air Force.  As such, if the applicant wants to make a request to 
remove the referral EPRs, he must first exhaust all available 
avenues of administrative relief provided by existing law or 
regulations, such as the Evaluation Report Appeals Board (ERAB) 
prior to seeking relief before this Board, as required by the 
governing Air Force Instruction.  Therefore, in view of the 
above and in the absence of evidence to the contrary, we find no 
basis to recommend granting the relief sought.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved.  
Therefore, the request for a hearing is not favorably 
considered.

 _______________________________________________________________ 

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.
 
________________________________________________________________ 

The following members of the Board considered Docket Number BC-
2013-04305 in Executive Session on 7 Aug 14, under the 
provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member 
 

The following documentary evidence in Docket Number BC-2013-
04305 was considered:   

    Exhibit A.  DD Form 149, dated 3 Oct 13, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIM, dated 13 Jan 14.     
    Exhibit D.  Letter, AFPC/DPSIM, dated 20 Feb 14, w/atch.   
    Exhibit E.  Letter, AFPC/DPSOE, dated 14 Mar 14.  
    Exhibit F.  Letter, SAF/MRBR, dated 4 Apr 14.