RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00431 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessments (FAs), dated 20 Jan 12 and 19 Apr 12 be removed from the Air Force Fitness Management System (AFFMS). The resulting evaluation of “3” be removed from his referral Enlisted Performance Report (EPR) rendered for the period from 7 Feb 11 through 6 Feb 12. ________________________________________________________________ APPLICANT CONTENDS THAT: The FAs, and resulting EPR, were unjust due to an undiagnosed medical condition that restricted his airway. This precluded him from attaining a passing score on the assessments. A letter from his medical provider dated 8 Jun 12, indicated that he had an airway restriction which precluded him from passing the assessments. The physician also explicitly recommended that the contested FA scores should be invalidated. After the medical condition was correctly identified he received the correct FA exemption and was able to pass the assessment. The applicant’s complete submission including: AF Form 108, Physical Fitness Education and Intervention Processing; AF Form 422, Notification of Air Force Members Qualification Status; letter from his medical provider; letter from his EPR rater; chronological record of medical care; letter from the officer in charge (OIC) concerning PT efforts, and signed e-mail traffic from medical provider to his commander. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving as a Technical Sergeant (E-6) in the regular Air Force. On 20 Jan 12 and 19 Apr 12 the applicant completed the contested FAs with unsatisfactory composite scores of 65.20 and 70.90, respectively. On 4 Jun 12 an AF Form 422, cleared the applicant to participate in the abdominal circumference measurement, and the push-up and sit-up components for the FA due on 18 Jul 12. The Automated Records Management System (ARMS) shows the applicant received a referral AF Form 910 Enlisted Performance Report, closing 6 Feb 12, with an overall marking of three due to his failing the 20 Jan 12 FA. In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM3 (3 Jan 12), Attachment 1, Section 10, “If an Airman becomes injured or ill during the FA and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but his/her test will still count unless rendered invalid by the Unit Commander. If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results. The Airman will then be required to retest within 5 duty days or when capable based on the recommendations of the medical provider/MLO and the Exercise Physiologist. If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.” IAW AFI 36-2905_ AFGM3 (3 Jan 12), paragraphs 2.3.2 through 2.3.2.2 “All members must complete the Fitness Screening Questionnaire (FSQ) prior to FA. The FSQ should be completed no earlier than 30 calendar days, but no later than 7 days prior to FA to provide time for medical evaluation, when indicated; however, failure to complete FSQ does not invalidate the FA. A medical provider must evaluate all members with health issues identified on the FSQ prior to the FA. Member must notify the Unit Fitness Program Manager (UFPM) of the assessment/training clearance status from the provider.” _____________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA, citing a lack of a commander’s letter recommending the scores be removed. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B. AFPC/DPSID recommends the associated EPR be voided if the associated FAs are invalidated, as it appears the EPR was a result of the FA failures. A complete copy of the AFPC/ DPSID evaluation is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations, with attachments, were forwarded to the applicant on 23 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 and referral EPR from the applicant’s records. In this respect, we note that AFPC/DPSIM recommends the request to remove the contested FAs be denied, due to lack of supporting evidence; specifically, a memorandum from the commander invalidating the FAs; however, we disagree. While an invalidation memorandum from the applicant’s commander was not submitted, he did submit a memorandum from his medical provider indicating that an unknown and pre-existing medical condition precluded him from achieving passing the contested FAs. As such, we find sufficient evidence to support removal of the contested FAs. With respect to the contested referral EPR, we note the memorandum from the rater indicating that had the applicant not failed the 20 Jan 12, he would have received an overall rating of five; however, the applicant has not provided statements from the other members of his rating chain concurring with such an upgrade. Moreover, the relief requested by the applicant, i.e., to remove the three on this report, will not provide him full and fitting relief, as there are other necessary corrections to the report, since it references his failure to maintain fitness standards and that he elected not to provide rebuttal comments to the referral. Consequently, based on our above determination and since AFPC/DPSID has indicated the report should be removed in its entirety if the Board determines the FA failures should be invalidated, we recommend the referral EPR be declared void and removed from his records. However, should the applicant provide a reaccomplished report, signed by the original members of his rating chain, we would entertain his request to place it in his records in its proper sequence. Therefore, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. The Fitness Assessments, dated 20 Jan 12 and 19 Apr 12 be declared void and removed from the Air Force Fitness Management System b. The referral Enlisted Performant Report (AB thru TSgt), AF Form 910, rendered for the period 7 Feb 11 through 6 Feb 12 be declared void and removed from his records. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00431 in Executive Session on 30 Apr 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 24 Jan 13, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 17 Sep 13, w/atchs. Exhibit C. Master Personnel Record Exhibit D. Letter, SAF/MRBR, dated 23 Jan 14. 1 2