RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04871 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Fitness Assessments (FA) dated 12 May 2011, 11 Aug 2011, 1 Nov 2011 and 1 Feb 2012 be removed from the Air Force Fitness Management System (AFFMS). 2. His promotion to the grade of Master Sergeant (MSgt), with a date of rank and effective date of 1 Oct 2011, be reinstated. 3. His referral Enlisted Performance Report (EPR), for the period of 2 Nov 2010 through 1 Nov 2011 be void and removed from his records. 4. In his rebuttal dated 22 Nov 2013, the applicant amended his request to exempt the cardio portion of the Fitness Assessments noted above. _______________________________________________________________ APPLICANT CONTENDS THAT: As a result of the failed FAs, he received a referral EPR and his projected promotion to the grade of MSgt was canceled. He sought medical treatment during the period of the failed FAs but it was not until after the 1 Feb 2012 FA failure that he was diagnosed with sleep apnea, B-12 deficiency and suffered the effects of a stroke. His Primary Care Manager (PCM) advised that his medical conditions impacted his performance on the FAs. In support of his requests, he provides a personal statement, copies of his AF Forms 108, Physical Fitness Education and Intervention Processing, EPR, notification of promotion withhold memorandum and various other documents associated with his requests. The applicant’s 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). On 26 Sep 2011, the applicant was notified that his promotion to the grade of MSgt was placed in withhold for failing to meet fitness standards. He received a referral EPR for the period of 2 Nov 2010 through 1 Nov 2011 which canceled his projected promotion. The applicant’s most recent FA results are as follows: Date Composite Score Rating 10 Sep 2013 77.56 Satisfactory (Exempt from push-ups) 14 Jun 2013 71.56 Unsatisfactory (Exempt from push-ups) 30 Nov 2012 76.20 Satisfactory 4 May 2012 79.80 Satisfactory 1 Feb 2012 72.70 Unsatisfactory 1 Nov 2011 73.00 Unsatisfactory 11 Aug 2011 30.90 Unsatisfactory 12 May 2011 28.44 Unsatisfactory (Exempt from push-ups) 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 denial of the applicant’s request for removal of the contested FAs. In accordance with Air Force Instruction 36-2905, Air Force Fitness Program, paragraph 4.2, exemptions are designed to categorize members as unable or unavailable to train or assess for a limited time period and commanders may grant exemptions. The applicant did not provide any evidence that would indicate the cardio portion of each FA should be exempt. The AF Forms 108 the applicant provides indicates he had a medical condition, but the medical provider did not specify whether or not a cardio exemption should be granted. Furthermore, there is no evidence of an error or injustice. Commanders are the approval authority for FA exemptions and there is no evidence that indicates the applicant’s commander exempted him from any of the FA components. The complete DPSIM evaluation is at Exhibit B. DPSID recommends denial of the applicant’s request for removal of the referral EPR. DPSID states that it was the applicant’s responsibility to pursue any needed profiles with his PCM during the appropriate time periods. The applicant has not provided sufficient evidence to illustrate that any attempts were made by him prior to, during, or immediately after the time of the failed FAs to remedy any perceived medical conditions. Moreover, the applicant did not provide any evidence to show that he pursued the avenues to ensure that any issues were taken into consideration with the proper authorities in a timely manner. Therefore, to change or void this evaluation would be an injustice to other airmen who have consulted with appropriate channels and received the proper guidance or have met the regulatory Air Force requirements. An evaluation report is considered to represent the rating chain’s best judgment at the time it is rendered and once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record. 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 four failed FAs and referral EPR, the Board could direct that the applicant’s selection for promotion to the grade of master sergeant, with a date of rank and effective date of 1 Oct 2011, be reinstated. The complete DPSOE evaluation is at Exhibit D. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He disagrees with the findings of the Air Force offices of primary responsibility. Although the AF Forms 108 provided in his request, signed by his PCM and squadron commander, did not specifically state the cardio portion of the FAs in question should be exempt, he believes the intention was clear. This was further evident upon initial review by AFPC where the cardio portions of the FAs were changed. The letter from his Flight Surgeon and 844th Communications Squadron Executive Director states that he was diagnosed with a medical condition that precluded him from achieving a passing fitness score and that he should be exempt from the cardio component for the FAs dated 12 May 2011, 11 Aug 2011, 1 Nov 2011 and 1 Feb 2012. He requests the Board grant his requests for exemption from the cardio component of the FAs, removal of his referral EPR from his records and reinstatement of his promotion to the grade of MSgt with a date of rank and effective date of 1 Oct 2011. 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 warranting relief. We note the Air Force offices of primary responsibility recommend the applicant’s requests be denied stating there is insufficient evidence to show that his unit commander approved an exemption from the cardio component or invalidated the contested FAs. However, after reviewing the letter signed by the Flight Surgeon and the Executive Director of the 844th Communications Squadron we find the evidence presented is sufficient to warrant removal of the contested FAs. Furthermore, because the failed FAs resulted in the applicant receiving a referral EPR and cancellation of his promotion to the grade of MSgt, we also recommend the EPR be declared void and removed from his records and that his promotion to the grade of MSgt be reinstated with a date of rank and effective date of 1 Oct 2011. Accordingly, in the interest of justice, we recommend the applicant’s records be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. ________________________________________________________________ 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 cardio component of his Fitness Assessments dated 12 May 2011, 11 Aug 2011, 1 Nov 2011 and 1 Feb 2012 reflect “exempt” in the Air Force Fitness Management System. b. The Air Force Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period of 2 Nov 2010 through 1 Nov 2011 be declared void and removed from his records. c. He was promoted to the grade of master sergeant (E-7) effective and with a date of rank of 1 Oct 2011. If AFPC discovers any adverse factors 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 applicant’s qualifications for the promotion. He be provided any additional supplemental promotion consideration required as a result of his promotion to the grade of master sergeant. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04871 in Executive Session on 5 Dec 2013 and 13 Jan 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Sep 2012, with atchs. Exhibit B. Letter, AFPC/DPSIM, dated 10 May 2013, w/atch. Exhibit C. Letter, AFPC/DPSID, dated 23 Aug 2013. Exhibit D. Letter, AFPC/DPSOE, dated 11 Sep 2013. Exhibit E. Letter, SAF/MRBR, dated 29 Oct 2013. Exhibit F. Letter, Applicant, dated 22 Nov 2013, w/atch.