RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05244 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Enlisted Performance Report (EPR), rendered for the reporting period 14 Mar 09 through 13 Mar 10, be declared void and removed from her military personnel records. ________________________________________________________________ APPLICANT CONTENDS THAT: She was erroneously administered the one-mile walk test prior to the implementation of AFI 36-2905, Fitness Program, when the provisions of AFI 10-248, Fitness Program, were still in effect. As a result, she received a referral EPR. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of staff sergeant (E-5). On 19 Feb 10, the applicant participated in the contested FA that consisted of a one-mile walk for the cardio component of the assessment, in which she did not attain a passing score. At the time, there were no provisions that authorized the one- mile walk component prior to the implementation of AFI 36-2905, Fitness Program, dated 1 Jul 10. On 3 Dec 12, AFPC/DPSIM notified the applicant that her FA, dated 19 Feb 10, had been administratively removed from the AFFMS. ? The following is a resume of her EPR ratings: RATING PERIOD PROMOTION RECOMMENDATION 13 Mar 13 5 13 Mar 12 5 13 Mar 11 5 * 13 Mar 10 4 (referral) 13 Mar 09 5 15 Jun 08 5 11 Dec 07 (SSgt) 5 11 Dec 06 5 11 Dec 05 (SrA) 5 13 Feb 04 5 13 Feb 03 (A1C) 5 * Contested Report ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends approval of the applicant’s request to void the contested report based on the recommendation from the subject matter expert and the removal of the 19 Feb 10 FA from the AFFMS. The applicant alleges that the FA failure was a direct result of her being tested under the wrong cardio component of the one-mile walk. She contends that she should have been tested under the cardio component of the three-mile walk. The applicant provided a memorandum from her commander as well as the Fitness Assessment Cell (FAC) Staff, recommending that the contested fitness failure be removed from the AFFMS. The applicant also provided an email from the Inspector General’s Office who verified with USAF/A1PPP that the one-mile walk was not authorized to be conducted until 1 Jul 10 and, as a result, made the 19 Feb 10 assessment invalid. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Mar 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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 an error or injustice. The applicant contends that she was erroneously administered the one-mile walk test prior to the implementation of AFI 36-2905, Fitness Program, which led to her fitness failure and resulted in her receiving a referral EPR. After a thorough review of the evidence of record and the applicant’s complete submission, we believe a preponderance of the evidence supports corrective action. In this respect, we note the comments of the Air Force OPR indicating that relief should be granted and the contested EPR be removed from her records. In view of the above, we also believe it would be appropriate to recommend the applicant be provided supplemental promotion consideration for all cycles where the contested EPR was a matter of record. Therefore, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show the following: a. The AF Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period 14 March 2009 through 13 March 2010 be declared void and removed from her records. b. She be provided supplemental promotion consideration for all cycles where this report was a matter of record. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05244 in Executive Session on 18 Jul 13 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 8 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 1 Mar 13. Panel Chair