RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03222 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The following Fitness Assessments (FA) scores be declared void and removed from the Air Force Fitness Management System (AFFMS): 17 Dec 10 (administratively resolved), 11 Feb 11 (administratively resolved), 6 May 11 (administratively resolved), and 28 Aug 12. ________________________________________________________________ APPLICANT CONTENDS THAT: She had medical conditions (chronic back pain and cervical cancer) that precluded her from successfully completing the contested FAs; this is corroborated by her medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force during the matter under review. On 17 Dec 10, the applicant participated in the contested FA and attained an overall composite score of 77.60, resulting in an unsatisfactory rating. This FA score was removed from the applicant’s records by the Fitness Assessment Appeals Board (FAAB) on 14 Feb 14. On 11 Feb 11, the applicant participated in the contested FA and attained an overall composite score of 67.30, resulting in an unsatisfactory rating. This FA score was removed from the applicant’s records by the FAAB on 14 Feb 14. On 6 May 11, the applicant participated in the contested FA and attained an overall composite score of 62.50, resulting in an unsatisfactory rating. This FA score was removed from the applicant’s records by the FAAB on 14 Feb 14. On 10 May 11, the applicant was administratively demoted from the grade of airman first class (E-3) to airman (E-2) under the provisions of AFI 36-2502, Airman Promotion/Demotion Programs, paragraph 6.3.5, Failure to Keep Fit. On 4 Aug 11, the enlisted performance report (EPR), rendered for the period closing 23 Jul 11, was referred to the applicant for a “does not meet” standards rating in Block 3, Fitness, and comments indicating the applicant had failed four FAs during the reporting period. On 28 Aug 12, the applicant participated in the contested FA and attained an overall composite score of 66.70, resulting in an unsatisfactory rating. On 16 Oct 12, the EPR, rendered for the period closing 17 Sep 12, was referred to the applicant for a “does not meet” standards rating in Block 3, Fitness, and comments indicating the applicant failed to meet minimum fitness standards. On 7 Dec 12, the applicant participated an FA and attained an overall composite score of 99.00, resulting in an excellent rating. The applicant was exempt from the push-up and sit-up components. On 14 Feb 14, (FAAB) directed that the records of the applicant be administratively corrected to reflect removal of the applicant’s 17 Dec 10, 11 Feb 11, and 6 May 11 FAs. However, the FAAB was not convinced that the evidence was sufficient to support removal of the FA dated 28 Aug 12. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends providing relief for the 17 Dec 10, 11 Feb 11, and 6 May 11 FAs, since she provided medical documentation and an invalidation memorandum from her. However, denial is recommended for the 28 Aug 12 FA since there is no evidence of an error or an injustice. While the applicant contends that a medical condition precluded successful completion of this FA and medical records corroborate medical conditions from 15 Mar 11 to 22 Oct 12, she did not provide an invalidation memorandum from her commander requesting the FA from 28 Aug 12 be removed from AFFMS. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a memorandum dated 28 Mar 14 from her commander expressing his support to have the 28 Aug 12 FA removed from her records. The commander explains that the applicant had a permanent change of station (PCS) and, upon arrival at her new duty station, she attempted to make an appointment to obtain a new profile to document her exemptions due for her ongoing medical condition; however, she was unable to obtain an appointment until 6 Sep 12, after the 28 Aug 12 FA was administered. The applicant should not have taken the contested FA without a profile and did not pass the cardio component. He also indicates the applicant actually participated in the FA a month prior to when she should have and had she not been required to take the FA until then, she would have been appropriately profiled and passed the FA. Subsequent to the 6 Sep 12 medical appointment, the applicant was placed on an appropriate profile and passed her next FA on 7 Dec 12 (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 her medical conditions unfairly precluded her from attaining a passing score on her 17 Dec 10, 11 Feb 11, 6 May 11, and 28 Aug 12 Fitness Assessments (FA). We note that after reviewing the evidence provided by the applicant, the Fitness Assessment Appeals Board (FAAB) administratively corrected the applicant's records to remove the 17 Dec 10, 11 Feb 11, and 6 May 11 FAs, but was not convinced the evidence presented by the applicant was sufficient to conclude that the 28 Aug 12 FA should be removed from her records. However, after a thorough review of the evidence of record and the applicant's complete submission, we are convinced that additional relief is warranted. In this respect, we note that in response to the FAAB decision and AFPC/DPSIMC advisory, the applicant has provided a supporting statement from her commander indicating the contested FA should be removed because, through no fault of her own, she was unable obtain the correct profile from her primary care manager (PCM) prior to participating in the contested FA. Furthermore, he indicates that had the contested FA been scheduled a month later when it was supposed to be, it would have taken place after the profile was eventually issued, resulting in the applicant attaining a passing score. Therefore, in view of these facts, we are convinced that the 28 Aug 12 FA should be removed from the applicant's records. Furthermore, in view of the fact that these four FAs formed the basis of the applicant's administrative demotion and two referral enlisted performance reports (EPR), we are convinced that the demotion should be set aside and the referral EPRs should be declared void and removed from her records. 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 pertaining to the APPLICANT be corrected to reflect the following: a. The Fitness Assessment (FA), dated 28 August 2012, be declared void and removed from her records. b. The administrative demotion to the grade of airman (E-2) be declared void and removed from her records. c. The enlisted performance reports (EPR), closing on 23 July 2011 and 17 September 2012, be declared void and removed from her records. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03222 in Executive Session on 24 Sep 14, 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 28 Jun 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 21 Nov 13. Exhibit D. Letter, SAF/MRBR, dated 28 Feb 14. Exhibit E. Letter, Applicant, dated 21 May 13 [sic], w/atchs. 1