RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00877 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be rendered eligible to take the Weighted Airman Promotion System (WAPS) test for cycle 10E7. 2. He be considered for supplemental promotion consideration during cycle cycle 10E7. _________________________________________________________________ APPLICANT CONTENDS THAT: He missed promotion testing during cycle 10E7, due to medical conditions. In Jan 10, he was diagnosed with Hypothyroidism and developed a severe allergic reaction after performing his fitness test. The allergic reaction was not properly treated which caused him to develop bronchitis and pneumonia. He was prescribed Sudafed, which causes drowsiness and he believes that the Sudafed combined with his hypo-active thyroid led him to show up at the wrong time for WAPS testing. He was supposed to test on 16 Feb 11, but missed his testing time due to these medical issues. Based on the evidence and medical recommendation from his health care provider, he wishes a favorable consideration of his request to WAPS test for cycle 10E7. In support of his request, the applicant provides e-mail communications, a copy of a letter from his physician, and excerpts from his medical records. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of technical sergeant (E-6). Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. DPSOE states the applicant was scheduled to WAPS test for cycle 10E7 on 16 Feb 10 at 0700 hours and signed the notification acknowledging the appointment. His commander was notified that he missed the appointment. In accordance with the governing instruction, failure to report for scheduled testing renders an airman ineligible for promotion consideration unless the immediate commander approves rescheduling within 10 workdays. On 17 Feb 10, the applicant’s commander denied his request to reschedule the test date. Subsequently, his promotion eligibility status (PES) code was updated to “P,” rendering him ineligible for promotion consideration for cycle 10E7. DPSOE acknowledges that the applicant provides a letter from his physician stating he was being treated for hypothyroidism and an upper respiratory infection. However, the physician specifically states that he could not testify that the medical condition and the medications the applicant was taking were the absolute cause of his failure to report for testing at the designated time. DPSOE notes the applicant makes mention that he was scheduled to test the day after a Federal holiday, which could have been the confusion as to the date and time of testing. It would not be fair or equitable to any of his peers who may have been dealing with similar situations and non-selected for promotion. The DPSOE complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by reiterating his original contentions; however, he notes that he did show up for the testing, but thought the show time was 0730 hours instead of 0700 hours. He goes into detail about his medical conditions and how he was misdiagnosed, however, since that time he has been properly diagnosed and treated for these conditions. He states that coupled with having sleep apnea along with the other medical conditions, it is a perfect recipe for failure. He believes he was a victim of an injustice and would like to be given a chance to test in the cycle he missed due to receiving poor health care. His lack of focus has caused him to perform at a lower level than he is capable of which caused him to receive a lower performance rating than normal. The cycle 11E7 results were released and he was not selected for promotion. His scores dropped 9 points from last year, which he attributes to his conditions that have prevented him from performing to his best potential. The applicant’s complete submission, with attachments, is at 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 error or injustice. After reviewing the complete evidence of record, including the analyis and recommendation of the Air Force office of primary responsibility, we believe relief is warranted. In this regard, we are persuaded by the evidence presented that his ability to focus and recall information was impeded due to the various ailments he was undergoing at that time. Although it appears there was no error in this case and the applicant’s commander’s decision to deny him a second opportunity to test was within his discretionary authority, we believe the applicant’s claim that he made every effort to be at his scheduled promotion testing appointment on time is supported by a totality of the evidence presented. In view of this and in the interest of equity and justice, we elect to resolve any doubt in this matter in the applicant’s favor. Therefore we recommend his records be corrected as 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 on 16 February 2010, he was granted a waiver of the "No Show" for the Weighted Airman Promotion System (WAPS) testing policy. It is further recommended that he be provided supplemental consideration for promotion to the grade of master sergeant (E-7) for the 10E7 cycle. If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the his qualifications for the promotion. If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion, the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00877 in Executive Session on 29 Sep 11, 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 Feb 11, w/atchs. Exhibit B. Letter, AFPC/DPSOE, dated 4 Apr 11. Exhibit C. Letter, SAF/MRBR, dated 13 May 11. Exhibit D. Letters, Applicant, dated 19 May 11 and 4 Oct 11. Panel Chair