RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00911 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His 21 Nov 14 Fitness Assessment (FA) be removed from the Air Force Fitness Management System (AFFMS). 2. His Enlisted Performance Report (EPR), rendered for the period 28 Dec 13 through 30 Nov 14, be declared void and removed from his military personnel records. 3. He be considered for supplemental promotion consideration to the grade of Master Sergeant (MSgt, E-7) by the 15E7 promotion cycle. APPLICANT CONTENDS THAT: He has documented medical records and a memorandum stating that his medical condition precluded him from passing the contested FA. In support of his request, the applicant provides a copy of a letter from his medical provider indicating that on 21 Nov 14, he reported an injury or illness that occurred during the contested FA and validated that it impacted his assessment score. The applicant also provides copies of an AF Form 469, Duty Limiting Condition Report, dated 28 Oct 14 indicating the applicant was exempt from the aerobics portion of the FA; AFFMS History, dated 24 Feb 15; VA Form 10-5345, Request For and Authorization To Release Medical Records or Health Information, dated 24 Feb 15 and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 18 Oct 95, he enlisted in the Regular Air Force. On 1 Nov 15, he retired from active duty and was credited with 20 years and 13 days of total active service. According to the AFFMS, on 21 Nov 14, the applicant participated in the contested FA, attaining a composite score of 62.75. He achieved a score of 43 for the pushups, 35 for sit-ups, and 36.5 for his waist measurement. He did not complete the cardio component due being placed on a no running profile. According to AFI 36-2905, paragraph 3.4.2.1, illness or injury during the FA, if an Airman becomes injured or ill during the FA, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) whether they complete the FA or not. Before departing the test location, Airmen must notify the Fitness Assessment Cell (FAC) of the presence of illness/injury by checking the illness/injury block on the AF Form 4446. Paragraph 3.4.2.1.2 states, “If the medical evaluation validates the illness/injury the Unit Commander may invalidate the FA results by checking the “I render this test invalid” block of the AF Form 4446, signing, and returning the form to the FAC. If the FA is invalidated, the Airman will be required to retest on all non-exempt FA components within five duty days from original FA test date.” On 2 Dec 14, the applicant’s rater notified him that she was referring the EPR with the closeout date of 30 Nov 14 in accordance with AFI 36-2406, Military Performance Evaluations, paragraph 1.10, indicating the report contained comment(s)/rating(s) that made the evaluation a referral. Specifically, what causes the report to be referred is: Section III, 3, which reflects “Fitness, failure of your AF Fitness test.” In the applicant’s rebuttal to the referral EPR dated 5 Dec 14, he states in part that his medical provider validated that he did in fact have a condition which adversely impacted his fitness assessment score. The applicant’s rebuttal to the referral document was reviewed by the applicant’s rater and commander on 5 Dec 2014. On 8 Dec 14, the applicant acknowledged that all required feedback was accomplished during the reporting period and upon receipt of the referral EPR. The following is an abbreviated resume of the applicant’s available EPR ratings in the grade of Technical Sergeant (TSgt, E-6): RATING PERIOD PROMOTION RECOMMENDATION *30 Nov 14 4 (Referral) 27 Dec 13 5 27 Dec 12 5 27 Feb 12 4 (Referral) 27 Feb 11 4 (Referral) *Contested Report The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA from the AFFMS. The applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. IAW AFI 36-2905, Air Force Fitness Program dated 21 October 2013, any military member can appeal his/her FA via Wing Appeal and subsequently through the AF Fitness Assessment Appeals Board (FAAB), within two years of discovering an error/injustice. In this case, the applicant’s DD Form 149 was signed after 21 Oct 13 (signed on 26 Feb 15) and the appeal has not been considered by his wing commander and has not been reviewed by the FAAB; therefore, the applicant’s request has not been submitted IAW current Air Force guidance. A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request to void the contested EPR indicating the applicant has not provided substantiating documentation or evidence to prove his assertions that the contested evaluation was rendered unfairly or unjustly. Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record. Once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual's record. 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. The applicant contends that the contested referral EPR should be removed due to preexisting medical conditions that adversely impacted his FA. In this case, the applicant states that he experienced an injury during the test. The applicant provided a memorandum, signed by his medical provider that states “I validate the reported injury or illness adversely impacted the fitness assessment score.” The commander did not provide concurrence or non-concurrence within the medical provider's memorandum as to whether the test should be invalidated; therefore the failed FA remained in the applicants AFFMS file. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. AFPC/DP3SP defers to the recommendations of DPSIM and DPSID, denying the applicant’s request to remove the failed FA and contested EPR, respectively. The applicant became ineligible for promotion consideration to the grade of MSgt for cycle 15E7 when he failed his FA and received a referral EPR. The referral report rendered him ineligible for promotion in accordance AFI 36-2502, Airman Promotion/Demotion Programs, dated 31 Dec 09, Table 1.1, Rule 22. A complete copy of the AFPC/DP3SP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 Dec 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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. We took careful notice of the applicant's complete submission in judging the merits of the case; however, we do not find that he has been the victim of an error or injustice. We note the applicant is no longer on active duty; therefore, seeking administrative relief from the FAAB to remove the contested FA is no longer an available option. Although the applicant has provided documentation indicating that he had a medical condition that impacted his assessment score, based on the applicant’s rebuttal to the referral EPR dated 5 Dec 14, it appears his commander was aware of the medical documentation yet concurred with the referral report. The applicant has not provided any evidence from his commander as to whether or not the test should be invalidated; therefore, we find insufficient evidence to recommend removal of the contested FA. Given the applicant’s remaining request to remove the contested EPR and to grant supplemental promotion consideration to the grade of MSgt both hinge on the removal of his FA, these request are also denied. 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-2015-00911 in Executive Session on 29 Jan 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIM, dated 21 May 15, w/atch. Exhibit D. Memorandum, AFPC/DPSID, dated 5 Nov 15. Exhibit E. Memorandum, AFPC/DP3SP, dated 13 Nov 15. Exhibit F. Letter, SAF/MRBR, dated 2 Dec 15.