RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01941 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her AF IMT Form 475, Education/Training Report, rendered on 20 Jun 08, Section III, Comments, be amended to read: “Meets Standards in Professional Qualities” and “Meets Standards in Physical Fitness with a Physical Fitness Test (PFT) score of 84 points,” and the attached Letter of Evaluation (LOE) and entire rebuttal package be removed. 2. Her two Officer Performance Reports (OPRs) rendered in 2009 be corrected to reflect the rank of colonel. (Administratively corrected) 3. All files (hard copy and electronic) regarding her promotion delay be removed and erased. 4. Information relating to her colonel promotion dates and time in grade be corrected in the military personnel data system (MilPDS) and in any other military system. (Administratively corrected) _________________________________________________________________ APPLICANT CONTENDS THAT: She became very sick in the summer of 2007 and was put on medical profile in the fall of 2007. She was removed from that profile long enough in the spring of 2008 to delay her promotion to colonel and placed back on the identical profile in the summer of 2008 and ordered to meet a medical evaluation board. In May 2008, the Secretary of the Air Force (SECAF) ordered her PFT score to count and be permanently placed in her personnel records. On 12 Jan 10, the SECAF ordered that her promotion delay to the grade of colonel be removed with full back-pay to 1 Aug 08. In support of her request, the applicant provides copies of personal statements, SECAF Order, May 2008 screen shot of her updated PFT score, the original May 2008 PFT score sheet, AF Form 4364, Record of Promotion Delay Early Termination and/or Date of Rank Adjustment, AF Form 469, Duty Limiting Condition Report, two AF Forms 422, Notification of Air Force Member’s Qualification Status, AF IMT Form 475, Education/Training Report, LOE with attachments, and two OPRs ending 12 Jun 09 and 28 Dec 09. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is presently serving in the Regular Air Force in the grade of colonel with an effective date and date of rank of 1 Aug 08. The available records reflect the applicant’s delay of promotion was due to her failure to remain current in the Air Force Fitness Program. On 2 May 08, she was granted an exemption for push-ups, sit-ups, the 1.5 mile run, and abdominal circumference measurement; however, she was required to perform a cycle ergometry test or three-mile walk. On 5 May 08, she passed the three-mile walk, which made her current and in compliance with fitness requirements. _________________________________________________________________ AIR FORCE EVALUATION: AF/DPO recommends the applicant’s 2008 Training Report, Blocks 2 and 3, be changed to read “meets standards in professional qualities” and “meets standards in Physical Fitness with PFT score of 84 points,” and her 2009 OPRs reflect the rank of “Colonel” rather than “Lieutenant Colonel.” Further, AF/DPO recommends the removal of promotion delay comments from the single unit retrieval format (SURF) (contained in the Military Personnel Data System {MilPDS}), Automated Records Management System (ARMS), and other associated databases pertaining to the applicant to the maximum extent possible. The complete AF/DPO evaluation is at Exhibit C. HQ AFPC/DPSIDEP recommends partially approving the application by correcting the 12 Jun 08 Training Report by only removing the following comment from the report, “Does Not Meet Standards in Physical…IAW AFI 10-248” and the comment for her AF Form 77, “I found…assessment process.” However, DPSIDEP recommends the comment, “Does Not Meet…while in uniform” remain as the comment was accurate at the time the report was written regarding the applicant’s appearance. DPSIDEP states the applicant did file an appeal through the Evaluation Reports Appeals Board (ERAB); however, the ERAB reviewed this application and only approved the request to correct the rank on both OPRs and these corrections have been accomplished. The complete HQ AFPC/DPSIDEP evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She was hit with a severe and sudden illness in the summer 2007 and is presently going before a Formal Physical Evaluation Board. She was given steroids that caused a 40 pound weight gain, and consequently, she was placed on a medical profile. However, NWC leadership managed to get her off the profile long enough to force a PFT and improperly document it in her 2007 Training Report. The medical community treating her was outraged and insisted on immediately placing her back on profile. She states the Commandant, NWC not only knew about her documented medical issues affecting her physical appearance, he authorized and supported the approval of her medical profile that spanned the duration of the school year. Her professional information relating to her “colonel” promotion date and time in grade is still wrong in the MilPDS. The applicant's complete response, with attachments, is at Exhibit F. _________________________________________________________________ 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 error or injustice. After thoroughly reviewing the evidence of record, the Board majority believes that substantial doubt has been presented concerning the accuracy of the contested Training Report. In this respect, the Board majority noted that the Secretary of the Air Force reinstated the applicant’s promotion to the grade of colonel with the original date of rank of 1 August 2008, and her contested OPRs were administratively corrected to reflect the grade of colonel. We also note that AFPC/DPO recommends the comments regarding her promotion delay be removed from her records and her 2008 Training Report be changed to read “meets standards in professional qualities” and meets standards in Physical Fitness with PFT score of 84 points.” Although AFPC/DPSIDEP believes the comment pertaining to the applicant’s personal appearance was accurate at the time the report was written and should remain in the contested report, the Board majority agrees with the opinions and recommendations of AFPC/DPO and recommends her requests be approved. In view of the above and the fact that AFPC/DPO has recommended approval of her request, the Board majority recommends the applicant’s records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. Her AF IMT Form 475, Education/Training Report, dated 20 June 2008, Section III, Comments, be amended to read, “Meets Standards in Professional Qualities” and “Meets Standards in Physical Fitness with a PFT score of 84 points.” b. The AF IMT Form 77, Letter of Evaluation, rendered on 22 October 2008, and any documents associated with this form be, and hereby is, declared void and removed from her records. It is further directed that all promotion delay comments contained in the Military Personnel Data System (MilPDS), Automated Records Management (ARMS), and any other associated databases be removed. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-01941 in Executive Session on 15 February 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The Board majority voted to correct the records, as recommended. XXX recused herself from the Board. The following documentary evidence pertaining to Docket Number BC-2010-01941 was considered: Exhibit A. DD Form 149, dated 15 May 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AF/DPO, dated 2 Aug 10. Exhibit D. Letter, HQ AFPC/DPSIDEP, dated 16 Sep 10 Exhibit E. Letter, SAF/MRBR, dated 15 Oct 10. Exhibit F. Letter, Applicant, dated 22 Oct 10, w/atchs. Panel Chair