RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02036

XXXXXXXXX					COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

Her fitness assessment (FA), dated 21 Feb 14, be corrected to reflect exempt status, for the push-up component.  Additionally, she be reinstated to the grade to staff sergeant, with an effective date of 13 Feb 14, and back pay restored.

APPLICANT CONTENDS THAT:

Prior to her scheduled FA she was referred to the physical therapist (PT) for right foot, right shoulder, lower back, and hip pain.  She requested exemption from the push-up component by her PT, who advised the applicant she should contact her primary care manager.  A week later her request was still pending.  It was not until 21 Feb 14 that she received a voice mail stating her profile had been updated to exempt her from push-ups.  When she was able to pick up a copy of her profile it was dated 24 Feb 14; therefore, her FA on 21 Feb 14 was recorded as a failure.  

Furthermore, while the effective date of her demotion was 13 Feb 14, she was not served the demotion paperwork until 18 Feb 14, at which time she made an appointment with the Area Defense Council to start her demotion reinstatement request.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force senior airman.  

On 23 Jan 14, the applicant was notified of the commander’s intent to recommend the applicant be demoted to the grade of senior airman.  The reasons for the action include:

a.  On 12 Jun 12, the applicant failed her FA, for which she received a LOR.

b.  On 25 Sep 13, the applicant failed her FA, for which she received a LOR, was placed on the control roster, and an unfavorable information file was established.  Additionally, she was warned a subsequent FA failure could be cause for demotion.

	c.  On 25 Nov 13, the applicant failed her FA, for which she received a Letter of Reprimand (LOR).

On 23 Jan 14, the applicant acknowledged receipt of the action and elected to submit a statement on her behalf.

On 11 Feb 14, the demotion action was found legally sufficient and the demotion authority approved the recommendation on 13 Feb 14.

On 13 Feb 14, the applicant was demoted from the permanent grade of staff sergeant to permanent grade of senior airman, per Special Order P-004.

On 2 Jul 14, the Secretary of the Air Force (SAF) Personnel Council directed the applicant’s advancement to the grade of staff sergeant on the retired list effective the date of completion of all required service.

Special Order AC-015165, dated 29 Jul 14, amends the applicant’s retirement order to reflect effective 14 Dec 24 the applicant is advanced to the grade of staff sergeant (E-5) on the USAF Retired List by reason of completing a total of 30 years active service plus service on the Retired List on 13 Dec 24.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, and E.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommended denying the application.  

The applicant should have waited until her medical documentation was finalized prior to taking the FA, as well as documented the condition on the fitness screening questionnaire prior to the FA, and taken the FA at a later date due to pending medical evaluation.  Additionally, the applicant states she submitted an appeal to the Fitness Assessment Appeals Board (FAAB); however, she did not provide documentation on the final decision.  

The complete advisory is at Exhibit C.

AFPC/DP2SPP recommended denying the application.  

According to guidance, airmen may be demoted for failing to maintain or demonstrate the ability and willingness to attain physical standards.  The commander acted within her authority to demote the applicant for failure to maintain fitness standards.  

The complete advisory is at Exhibit D.

AFRBA Medical Advisor recommends denying the request to exempt FA on 21 Feb 14, but agreed with the SAF Directive to advance her grade upon completion of 30 years service.  

The push-up exemption was not in effect during the FA on 21 Feb 14.  The FAAB upheld denial of the push-up exemption.  There is no error or injustice in this regard. 

The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 May 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM, AFPC/DP2PP, and the AFRBA Medical Advisor, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered AFBCMR Docket Number BC-2017-02036 in Executive Session on 10 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 21 Apr 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2SSM, dated 15 Nov 17.
Exhibit D:  Advisory opinion, AFPC/DP2SPP, dated 5 Feb 18.
Exhibit E:  Advisory opinion, SAF Medical Consultant, w/atch, dated 28 Mar 18.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 9 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding AFBCMR Docket Number BC-2017-02036.