RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00197
					COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His administrative demotion to the grade of Staff Sergeant (SSgt) 
be removed and his previous grade of Technical Sergeant (TSgt) be 
restored.


APPLICANT CONTENDS THAT:

He was demoted to the grade of SSgt for failing his third PT test 
which he was unable to complete due to a hernia operation.  

In 2009, he had bilateral hernia surgery to repair two hernias and 
since that time it has been difficult for him to achieve a 
satisfactory score on the PT test.

He is another having surgery to repair the hernia on his right 
side. 

In support of his request, the applicant provides a personal 
statement, copies of his DD Form 214, Certificate of Release or 
Discharge from Active Duty, a memorandum from a surgeon and 
various other documents associated with his request.

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


STATEMENT OF FACTS:

On 12 Nov 93, the applicant enlisted in the Regular Air Force. 

Special Order Number AC-004836, dated 28 Feb 13, directed the 
applicant be retired effective 1 Dec 13 in the grade of TSgt.  

On 1 Apr 13, the applicant was notified of his commander’s intent 
to recommend that he be demoted to the grade of SSgt under the 
provisions of AFI 36-2502, Airmen Promotion/Demotion Programs, for 
failure to keep fit.  Specifically, the applicant failed three FAs 
in a 24-month period (7 Feb 12, 7 May 12 and 9 Mar 13).  The 
applicant acknowledged receipt of the notification of demotion.  
After consulting with legal counsel, the applicant submitted 
written matters in his own behalf.  

According to the 436 SFC/CC memorandum, dated 26 Apr 13, on 29 Mar 
13, the medical group found no medical condition which precluded 
the applicant from achieving a passing score during any of the 
aforementioned FAs.  The commander noted the applicant had 
incurred 15 FA failures in the past nine years with little to no 
action from his previous chains of command.  The commander also 
stated that current Air Force and base policy dictates a strong 
response and she could not in good conscience ignore the 
applicant’s sustained failure to maintain personal fitness.  After 
considering all available information regarding the applicant’s 
fitness history, consulting with his supervisors and medical 
providers, the commander determined the administrative demotion to 
the grade of SSgt was appropriate.  On 24 Apr 13, the applicant 
was notified of his commander’s decision to continue with the 
demotion action. 

The group commander concurred with the unit commander’s 
recommendation for administrative demotion action.  

In a letter dated 6 Jun 13, the applicant was demoted to the grade 
of SSgt with a date of rank and effective date of 24 May 13.  On 
7 Jun 13, the applicant acknowledged receipt of the demotion 
authorities decision.  

Special Order Number AC-000455, dated 15 Oct 13, rescinded Special 
Order Number AC-004836, dated 28 Feb 13.  Special Order Number AC-
000471, directed the applicant be retired effective 1 Dec 13 in 
the grade of SSgt instead of TSgt.  

On 30 Nov 13, the applicant retired in the grade of SSgt.  He 
served 20 years and 19 days of total active service. 

Special Order No AC-002123, dated On 16 Dec 13, was amended by 
Special Order AC-000471, dated 15 Oct 13, to reflect that 
effective 12 Nov 2023, the applicant would be advanced to the 
grade of TSgt on the Air Force retired list by reason of 
completing a total of 30 years active service plus service on the 
retired list on 11 Nov 2023, In Accordance With (IAW) Title 
10 United States Code (USC) 8964, 8992 and the Secretary of the 
Air Force Personnel Council (SAFPC) memorandum dated 11 Dec 2013.


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial and only addresses the FA.  After a 
thorough review of the documentation provided by the applicant, 
there is insufficient evidence to support his claim.  The 
applicant has not provided documentation from his unit commander 
or primary care manager for invalidating the FA, nor did he 
provide the specific FA failure.

The complete DPSIM evaluation is at Exhibit C.

AFPC/DPSOE recommends denial of the applicant’s request to remove 
his administrative demotion and to restore his previous grade of 
TSgt.  The commander acted within her authority to demote the 
applicant from the grade of TSgt to SSgt based on his failure to 
maintain fitness standards.

The complete DPSOE evaluation is at Exhibit D.

AFPC/DPSOR defers to the Board for a decision on whether or not 
the applicant’s administrative demotion should be removed and he 
be advanced to the retired grade of TSgt prior to 30 years, per 
SAFPC decision.  

IAW Title 10 USC 8961(b), unless entitled to a higher retired 
grade under some other provisions of law, a Regular or Reserve 
member of the Air Force not covered by subsection (a) who retires 
other than for physical disability retires in the Regular or 
Reserve grade that he holds on the date of his retirement. The 
applicant held the grade of SSgt on the date of his retirement; 
therefore, his record correctly reflects his retired grade as 
SSgt.  

IAW Title 10 USC 8964, higher grade after 30 years of service: 
warrant officers and enlisted members, a) Each retired member of 
the Air Force covered by subsection(b) who is retired with less 
than 30 years of active service is entitled when his active 
service plus his service on the retired lists totals 30 years, to 
be advanced on the retired list to the highest grade in which he 
served on active duty satisfactorily (or, in the case of a member 
of the National Guard, in which he served on full-time duty 
satisfactorily), as determined by the SAF; b) This section applies 
to 1) warrant officers of the Air Force; 2) enlisted members of 
the Regular Air Force; and 3) Reserve enlisted members of the Air 
Force who, at the time of retirement, are serving on active duty 
(or, in the case of members of the National Guard, on full-time 
duty).

On 11 Dec 13, the Secretary of the Air Force found the applicant 
served satisfactorily in the grade of TSgt and ordered his 
advancement to the grade of TSgt when his time on active duty and 
his time on the retired list totals 30 years (10 USC §8964).  The 
applicant will be advanced to the grade of TSgt effective on 
12 Nov 2023.

The complete DPSOR evaluation is at Exhibit E.








APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He failed his FA because he reinjured his hernia and was unable to 
complete the test.  He only had to complete the waist measurement 
component of the FA.  His waist was measured at 38 inches; 
however, he needed a 37 inch waist to pass the FA.  

His doctor stated he “could not assess whether or not he had a 
hernia or scar tissue,” so he was referred to a physician off-
base.  By the time he was diagnosed with a torn hernia, he had 
failed the AC measurement of the FA.  On 11 Apr 13, he had surgery 
to repair his torn hernia and was given an AC measurement 
exemption by an on-base doctor.  His AC measurement should have 
been invalid.

He served his country and the Air Force honorably for 20 years.  
He deployed seven times and never had any type of disciplinary 
action against him.

In further support of his request, the applicant provides a 
personal statement.

The applicant’s complete submission is at Exhibit G.


THE BOARD CONCLUDES THAT:

1.  The applicant has 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 an error or injustice.  The 
applicant's assertions that he failed his FAs due to a hernia 
operation hernia is noted; however, other than his own 
uncorroborated assertions, he has not provided substantial 
evidence which in our opinion, successfully refutes the assessment 
of his case by the Air Force Offices of Primary Responsibility 
(OPR).   Therefore, we agree with the opinions and recommendations 
of the Air Force OPRs and adopt the rationale expressed as the 
basis for our decision that the applicant has failed to sustain 
his burden of proof that he has been the victim of an error or an 
injustice.  In view of the above and in the absence of evidence to 
the contrary, we find no basis to recommend granting the requested 
relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket Number 
BC-2014-00197 in Executive Session on 12 Nov 14, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIM, dated 25 Feb 14.
Exhibit D.  Letter, AFPC/DPSOE, dated 17 Mar 14.
Exhibit E.  Letter, AFPC/DPSOR, dated 7 May 14
Exhibit F.  Letter, SAF/MRBR, dated 30 May 14.
Exhibit G.  Letter, Applicant, undated. 




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