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 ________________________________________________________________ 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.