RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02279 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The fitness assessment scores he received on 12 Aug 10, 29 Nov 10, and 3 Mar 11, be removed from the Air Force Fitness Management System (AFFMS). 2. His Enlisted Performance Report (EPR) rendered for the period 19 Mar 10 and 18 Mar 11, be corrected and upgraded to a non- referral report. _________________________________________________________________ APPLICANT CONTENDS THAT: He suffers from exercise induced asthma and this condition contributed to the failure of the cardio/running portion of his fitness tests. These failures resulted in him receiving a referral EPR and administrative demotion from staff sergeant to senior airman. In support of his request, the applicant provides copies of a Department of Veterans Affairs (DVA) Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, a letter from his physician, Chronological Record of Medical Care, his Air Force fitness assessment score sheet, and his Referral EPR. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 3 Aug 11, AFPC/DPSIDE informed the applicant that the AFBCMR will not consider a case until all avenues of administrative relief have been exhausted. For evaluation appeals, he must first submit his request through the Evaluation Report Appeals Board (ERAB). DPSIDE returned the application due to lack of supporting documentation from the rating chain to substitute the contested report. The remaining 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: HQ USAF/A1PP recommends removing all three failures from the AFFMS since undiagnosed exercise induced asthma was the apparent issue preventing the applicant from passing the cardio portion of the Fitness Assessment (FA). A1PP states since the applicant has been treated with an albuterol inhaler, he has passed the cardio portion of his FA on 1 Jun 11. The complete A1PP evaluation is at Exhibit B. AFPC/DPSOE states, should the Board remove the three fitness failures from the applicant’s record, DPSOE recommends revoking the demotion orders and restoring the applicant’s rank to staff sergeant. Should the ERAB or AFBCMR remove/substitute the referral report as well, the applicant would be entitled to supplemental promotion consideration to technical sergeant beginning with cycle 11E6, once tested. The complete DPSOE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states at this time he does not have any additional evidence in support of his request, and would like for the investigation to move forward. The applicant's complete response 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 carefully reviewing the applicant’s submission, and the Air Force evaluations prepared in this case, we believe relief is warranted. In this respect, we note A1PP recommended the applicant’s three fitness assessment failures (12 Aug 10, 29 Nov 10, and 3 Mar 11) be removed from the AFFMS. Based on this determination, we also believe that his referral EPR and administrative demotion should also be voided and removed from his records. We note he received a referral EPR for failure to meet Air Force fitness standards, and since it has been determined his fitness failures were the result of a medical issue that prevented him from passing the cardio portion of the fitness assessment, the appropriate resolution would be to remove the referral report from his records. In addition, we note he was demoted to the grade of senior airman effective 7 Apr 11, for failure to meet Air Force fitness standards. Based on the above, we believe it would be appropriate to revoke this action and restore his grade of staff sergeant. Therefore, in the interest of equity and justice, 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: a. The Fitness Assessment (FA) Failure scores, dated 12 Aug 10, 29 Nov 10, and 3 Mar 11, be removed from the Air Force Fitness Management System (AFFMS). b. The Enlisted Performance Report, AF Form 910, rendered for the period 19 March 2010 through 18 March 2011, be declared void and removed from his records. c. The applicant’s administrative demotion from staff sergeant to senior airman be declared void and he be restored to the grade of staff sergeant effective and with a date of rank of 1 October 2008. It is further recommended that applicant be provided supplemental consideration with the corrected record for promotion to the grade of technical sergeant commencing with cycle 11E6. 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 individual's qualification 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 she was promoted to the higher grade effective and with a date of rank as established by the supplemental promotion and that she 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-2011-02279 in Executive Session on 3 Nov 11, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jun 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit B. Letter, HQ USAF/A1PP, undated. Exhibit C. Letter, AFPC/DPSOE, dated 18 Aug 11. Exhibit D. Letter, SAF/MRBR, dated 9 Sep 11. Exhibit D. Letter, Applicant, dated 12 Sep 11.