RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04179
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His Fitness Assessments (FAs), dated 29 Mar 11, 6 Sep 11,
20 Jun 12, and 16 Oct 12, be removed from the Air Force Fitness
Management System (AFFMS).
2. His administrative demotion to the rank of Airman First Class
(A1C) be revoked and his rank of Senior Airman (SrA) be
reinstated.
APPLICANT CONTENDS THAT:
He had a documented medical condition that precluded him from
achieving a passing score on all of his failed FAs.
He was administratively demoted from the rank of SrA to A1C due to
his failure to maintain fitness standards.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 28 Jun 12, the applicant was notified of his commanders intent
to recommend that he be demoted to the rank of A1C under the
provisions of AFI 36-2502, Airman Promotion/Demotion Programs.
The specific reason for this action was his failure to maintain
fitness standards in accordance with (IAW) AFI 36-2905, Fitness
Program. The applicant acknowledged receipt of the notification
of demotion action.
On 10 Jul 12, the applicant submitted written matters in his own
behalf. On 14 Aug 12, the 90 Security Forces Group Commander
(SFG/CC) reviewed the case file and after consulting with the
Staff Judge Advocate (SJA) he directed the applicant be demoted to
the rank of A1C.
On 14 Aug 12, the applicant acknowledged receipt of the demotion
order and his right to appeal. On the same date, he elected not
to appeal the demotion decision. The applicant was demoted to the
rank of A1C with a DOR and effective date of 14 Aug 12.
In a letter dated 25 Oct 12, the applicants medical provider
determined that he had a documented medical condition that
precluded him from achieving a passing score in a non-exempt
portion of the FAs conducted on 29 Mar 11, 6 Sep 11, 20 Jun 12,
and 16 Oct 12.
In a letter dated 17 Jul 14, the applicants commander stated that
the applicants Primary Care Manager (PCM) conducted a medical
condition determination for the applicants failed FAs and
concluded the applicant had a documented medical condition that
precluded him from achieving a passing score in a non-exempt
portion of the FA tests. Based on the guidance and recommendation
from the PCM, the commander requests all FA failures between
29 Mar 11 and 16 Oct 12, be invalidated due to the applicants
medical records history.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of his request to have his FA dated
20 Jun 12, removed from AFFMS indicating the applicant has not
provided sufficient evidence to support his claim.
Although the applicant provided an AF Form 469, Duty Limiting
Condition Report, for his 13 Jul 12 and 19 Nov 12 FAs, he did not
provide an AF Form 469 to exempt him from the sit-up component of
the 20 Jun 12 FA. Nor did he provide an invalidation memorandum
from his unit commander indicating his/her decision to invalidate
the FA.
The complete DPSIM evaluation, with attachment, is at Exhibit C.
AFPC/DPSOE recommends denial of the applicants request to remove
the demotion action and restore his rank to SrA. The commander
acted within his authority to demote the applicant for his failure
to maintain fitness standards.
IAW AFI 36-2502, Fitness Program, paragraph 6.3.5, airmen may be
demoted for failing to maintain or demonstrate the ability and
willingness to attain physical standards. The commander reviewed
the statements submitted by the applicant and chose to continue
the demotion action. The demotion authority agreed with the
commanders recommendation and directed the applicant be demoted
to the rank of A1C.
The complete DPSOE evaluation is at Exhibit D.
?
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 19 Jul 14 for review and comment within 30 days. As
of this date, no response has been received by this office
(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 to warrant removing the
contested FAs. After a thorough review of the evidence of record
and the applicants complete submission we believe relief is
warranted. In this respect, we note the Air Force offices of
primary responsibility recommend denial. However, we find the
letter from his commander dated 17 Jul 14 , stating the applicant
had a documented medical condition that precluded him from
achieving a passing score on the FA test sufficient to recommend
removing the contested FAs. Regarding the applicants request to
revoke his administrative demotion to the rank of A1C and to
reinstate his rank of SrA, given the demotion was based on the
contested FA, the underlying basis for the demotion no longer
exists. Accordingly, we recommend the applicants records be
corrected as indicated below.
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. His Fitness Assessments, dated 29 Mar 11, 6 Sep 11,
20 Jun 12, and 16 Oct 12, be declared void and removed from the
Air Force Fitness Management System.
b. His 14 Aug 12, administrative demotion be set aside and
that all associated rights and privileges be restored.
The following members of the Board considered AFBCMR Docket Number
BC-2013-04179 in Executive Session on 18 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 2 Sep 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records
Exhibit C. Letter, AFPC/DPSIM, dated 27 May 14, w/atch.
Exhibit D. Letter, AFPC/DPSOE, dated 13 Jun 14.
Exhibit E. Letter, SAF/MRBR, dated 19 Jul 14.
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