RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03485 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His 7 Mar 2012, 26 Jun 2012 and 19 Sep 2012 Fitness Assessments (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS). 2. In a letter dated 18 Nov 2012, the applicant amended his request to include the following: His referral Enlisted Performance Report (EPR) for the period of 29 Feb 2012 to 11 Jul 2012 be declared void and removed from his records. 3. His promotion to the grade of technical sergeant (E-6), with a promotion effective date of 1 Sep 2012 be reinstated. ________________________________________________________________ APPLICANT CONTENDS THAT: He had a preexisting medical condition that affected his ability to successfully pass the FAs. His heart rate assessment during the one mile walk was not correctly assessed. The push-up portion of the FA was incorrectly administered as the Fitness Assessment Cell (FAC) test monitor did not count the completed push-ups aloud or inform him of the ones that did not count prior to counting 17 push-ups. In support of his requests, he provides a personal statement, copies of AF Form 422, Notification of Air Force Member’s Qualification Status, the referral EPR, letters from his wing commander, FA test monitors and Primary Care Manager (PCM) and other various documents associated with his application. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant received a referral EPR, with an overall rating of “3” for the period of 29 Feb 2012 to 11 Jul 2012, for the failed FAs. As a result of the referral EPR, his promotion to the grade of technical sergeant effective 1 Sep 2012 was canceled. The applicant’s PCM’s letter, dated 26 Jul 2012, states the applicant has migraines, frequently exercise triggered, situational anxiety (may have generalized anxiety disorder) and sleep apnea which affected his ability to complete the FAs. AF Form 422, dated 1 Nov 2012, exempted the applicant from all components of the FA, except the abdominal circumference for the period of 21 Sep 2012 to 21 Sep 2013. On 14 Nov 2012, his wing commander rescinded the convening of a discharge review board in light of new information that the applicant had a medical condition precluding him from passing the three contested FAs. On 28 Oct 2013, the applicant was medically retired in the grade of staff sergeant (E-5). The applicant’s most recent FA results are as follows: Date Composite Score Rating 18 Dec 2012 75.5 Satisfactory (abdominal circumference only) 19 Sep 2012 71.75 Unsatisfactory (exempt push-ups/sit-ups) 26 Jun 2012 73.00 Unsatisfactory 7 Mar 2012 72.50 Unsatisfactory 29 Aug 2011 85.67 Satisfactory (exempt cardio/sit-ups) 25 Feb 2011 81.56 Satisfactory (exempt sit-ups) 28 Jan 2011 69.40 Unsatisfactory The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is included at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends approval of the applicant’s request for removal of the 7 Mar 2012, 26 Jun 2012 and 19 Sep 2012 FAs. The evidence provided by the applicant supports his claim of a preexisting, undiagnosed medical condition. The medical evidence links the chronic migraines and anxiety to the applicant’s inability to pass FAs. Specifically, the Chronological Record of Medical Care, dated 18 Oct 2012, states that he is unable to run due to severe migraines, as a result, he is required to complete the walk which he fails due to an elevated heart rate. The heart rate is a key factor in determining the outcome of the walk test and higher rates can reduce the amount of points achieved for the cardio component in accordance with Air Force Instruction 36-2905, Air Force Fitness Program, Air Force Guidance Memorandum (AFGM) 4. The complete DPSIM evaluation is at Exhibit B. AFPC/DPSID recommends removal of the referral EPR if the Board grants the applicant’s request to void the three contested failed FAs. Although the applicant did not exhaust available remedies by submitting an appeal to the Evaluation Report Appeals Board (ERAB) under the provisions of Air Force Instruction 36-2401, Correcting Officer and Enlisted Evaluation Reports, DPSID recommends removal of the referral EPR based on the recommendation of DPSIM that the applicant had a preexisting medical condition that affected his ability to successfully pass the FAs. The complete DPSID evaluation is at Exhibit C. DPSOE states they have no equity in the decision to remove the failed FAs or referral EPR. Should the Board grant the applicant’s request for removal of the three failed FAs and referral EPR, the Board could direct that the applicant’s selection for promotion to the grade of technical sergeant, with a date of rank and effective date of 1 Sep 2012, be reinstated. The complete DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 29 Oct 2013 for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. ________________________________________________________________ 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 a thorough review of the evidence of record and the applicant’s submission, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as our conclusion that the applicant was a victim of an error or injustice. The medical evidence provided by the applicant substantiates he had a preexisting, undiagnosed medical condition and that his chronic migraines and anxiety impacted his ability to achieve a passing score on the 7 Mar 2012, 26 Jun 2012 and 19 Sep 2012 FAs. Furthermore, because the failed FAs resulted in the applicant receiving a referral EPR and cancellation of his promotion, to the grade of technical sergeant, we recommend the referral EPR for the period of 29 Feb 2012 to 11 Jul 2012 be declared void and removed from his records and that his promotion to the grade of technical sergeant be reinstated with a date of rank and effective date of 1 Sep 2012. Accordingly, in the interest of justice, we recommend the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. The Fitness Assessments dated 7 Mar 2012, 26 Jun 2012 and 19 Sep 2012 be declared void and removed from the Air Force Fitness Management System. b. The Air Force Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period of 29 Feb 2012 to 11 Jul 2012 be declared void and removed from his records. c. He was promoted to the grade of technical sergeant (E- 6) effective and with a date of rank of 1 Sep 2012. d. His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his retirement on 28 Oct 2013, be amended to reflect he was retired in the rank of technical sergeant, pay grade of E-6, with an effective date of 1 Sep 2012. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03485 in Executive Session on 9 Jan 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following pertinent evidence in AFBCMR Docket Number BC-2012- 03485 was considered: Exhibit A. DD Form 149, dated 31 Jul 2012, with atchs. Exhibit B. Letter, AFPC/DPSIM, dated 22 Jul 2013, w/atch. Exhibit C. Letter, AFPC/DPSID, dated 19 Sep 2013. Exhibit D. Letter, AFPC/DPSOE, dated 29 Sep 2013. Exhibit E. Letter, SAF/MRBR, dated 29 Oct 2013.