RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00908

	 	COUNSEL:  NONE INDICATED

		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His AF Form 910, Enlistment Performance Report (EPR) (AB thru TSgt), rendered for the period 5 March 2010 thru 12 April 2011, section III, Fitness Assessment (FA) rating of “Does Not Meet” be changed to reflect “Exempt” and the referral status be removed.  

By rebuttal, he requests his referral EPR be declared void and removed from his records.  


APPLICANT CONTENDS THAT:

His referral EPR was rendered as a result of his FA failures.  However, undiagnosed medical conditions prevented him from performing major exercises.  His attempts at vigorous physical activity inducing valsalva maneuvers, which are part of the sit-up exercise, did not allow him to obtain passing FA scores.  He underwent surgery to correct the conditions that cause his discomfort during physical exertion.  

The applicant’s 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 staff sergeant (E-5).  

On 3 August 2011, the contested EPR was referred upon the applicant, for a rating of “Does Not Meet” standards in section III, Fitness, and a comment related to his failure to meet fitness standards.  

On 18 August 2011, the applicant appealed the referral EPR, indicating he never received the changes to the new fitness program.  He further argued that he never trained to do sit-ups faster, but rather to do them correctly.  If he had more time he would have figured out what was needed to change his approach to the fitness evaluation.  
On 9 September 2011, an AF Form 77, Letter of Evaluation, rendered for the period 5 March 2011 thru 12 April 2011, indicated the applicant’s commander non-concurred with the above average overall performance assessment and marked it as average.  

On 18 August 2014, the four FA’s from 8 March 2011 through 19 May 2011 were removed from his fitness record as directed by the applicant’s wing commander.

The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C and D.  


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  The applicant did not provide any supporting evidence for the removal of his 8 March 2011 FA.  While the applicant contends that he had a medical condition that precluded him from achieving a passing score on his fitness assessments that lead him to receive a referral EPR, he lacks supporting evidence.  Although the applicant provided medical documentation to show proof of his surgery and physical ability, the documentation was dated November 2013.  In addition, his provided documentation shows he was scheduled to have surgery in December 2013.  Also, the documentation submitted by the applicant regarding his medical status from his medical provider clearly listed his limitations after his surgery.  In accordance with AFI 36-2905, Fitness Program, if an airman becomes injured or ill during the fitness assessment and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but their test will still count unless rendered invalid by the Unit Commander.  If the applicant was injured or ill during the FA, he should have sought medical attention and notified the Fitness Assessment Cell (FAC) before completing the FA.  

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

AFPC/DPSID recommends denial.  While the applicant was diagnosed with a hiatal hernia and received surgery in December 2013, he has not provided sufficient substantiating documentation or evidence to prove his assertions that the contested evaluation was rendered unfairly or unjustly.  In addition, although the applicant has provided extensive medical documents showing he went to the doctor after a 2010 deployment for daily chest pain, acid reflex, chronic cough and pneumonitis, he failed to provide an Air Force (AF) Form 469, Duty Limiting Condition Report, or AF 422, Notification of Air Force Member’s Qualification Status, showing the necessary fitness component exemptions.  Furthermore, while the applicant provided a letter of support from his physician stating his condition had the potential to cause the fitness failure, AFPC/DPSIM recommended denying relief to remove the applicant 8 March 2011 FA and the Air Force Board for Correction of Military Records (AFBCMR) is urged to come to the same conclusion.  

On 12 January 2010 the Air Force fitness program was strengthen; however, its implementation was delayed until 1 July 2010.  This was to ensure Airmen were provided a six month timeframe to prepare for the new AF Fitness requirements.  In accordance with AFI 36-2905, it is every Airman’s responsibility to maintain standards at all times.  It was the applicant’s responsibility to ensure that he was properly prepared for his fitness assessments.  Although the applicant may feel that this was an injustice, there were avenues to ensure that any medical issues were taken into consideration prior to the report close-out date; not only by the rating chain, but with the proper authorities within the medical community.  Also, Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.  It is considered to represent the rating chain’s best judgment at the time the report is rendered.  To effectively challenge an evaluation, it is necessary to hear from all the members of the rating chain—not only for support, but also for clarification/explanation.  The applicant has failed to provide any information from all the rating officials on the contested report.  It is determined that the report was accomplished in direct accordance with all applicable Air Force policies and procedures.  Once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record.  The burden of proof is on the applicant.  The applicant has not substantiated that the contested report was not rendered accurately and in good faith by all evaluators based on knowledge available at the time.  Therefore to change or void the contested EPR would be an injustice to other Airmen which have consulted with the medical community and received the proper medical profiles regarding the fitness program or the other Airman which have met the regulatory AF requirements.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit D. 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted documentation verifying that his 8 March 2011 through 19 May 2011 Fitness Assessments have been declared void and removed from the Air Force Fitness Management System (AFFMS).  Therefore his contested referral EPR is unwarranted.  


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.  After thoroughly reviewing the evidence of record and the applicant’s complete submission, we believe he has met his burden of establishing the contested fitness rating of “Does Not Meet” and his referral EPR is unwarranted.  We note the comments of AFPC/DPSIM indicating that despite the fact that the applicant did not initially provide favorable supporting evidence, he later submitted an official statement from the fitness assessment appeals cell, stating that in accordance with direction from the wing commander, the Air Force Fitness Management System was updated to reflect his Fitness Assessments dated 8 March 2011 through 19 May 2011 have been removed.  Given the removal of the FAs, we find a preponderance of the evidence establishes the referral EPR is no longer supported by the record and leaving it uncorrected in his record would be an injustice.  Therefore, we recommend the applicant’s records be corrected as indicated below.


THE BOARD RECOMMENS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his Air Force Form 910, Enlisted Performance Report (EPR) (AB thru TSgt), rendered for the period 5 March 2010 thru 12 April 2011, be declared void and removed from his records.  


The following members of the Board considered AFBCMR Docket Number BC-2014-00908 in Executive Session on 6 January 2015, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00908 was considered:

	Exhibit A.  DD Form 149, dated 28 February 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIM, dated 18 July 2014, w/atch.
	Exhibit D.  Letter, AFPC/DPSID, dated 3 November 2014.
Exhibit E.  Letter, SAF/MRBR, dated 21 November 2014.
Exhibit F.  Letter, Applicant, dated 8 December 2014, w/atchs.