I won't quote *(Take up too much space =P) that but great post Jason - I recently got my Dual Action ruling from SAF back - they stated:
"The Board acknowledge that there appeared to be a causal relationship for the majority of the member's disiplinary difficulties based upon the timing of the latest fitness failures in relation to his medical condition and his operative procedure. Subsequently, the Board concluded that the member should be permanently retired at 40 percent.
It was determined that Senior Airman SNUFFY did not serve satisfactorily in any higher grade within the meaning of Section 1372, Title 10, USC."
**All of my disciplinary action was directly related to Fitness Failures, except 2 LOR's. These were related to my medical condition. Both punishments were given on the same day, one for Absent Without Leave and other for Dereliction of Duty - this was for missing 13 days of work without excuse, following an epidural procedure that caused me to suffer a very debilitating episode. In my rebuttal to both punishments I clearly showed that the time frame for the punishment was unjustified due to the dates being for WHEN I had the procedure with doctor's excused absence from work (5 days), that were turned into my Senior Leadership by a Lt. Col that drove me to the appointment that day. And the daily communication with my First Shirt (now Retired) at the time with MFR's I typed up, including contact with my Supervisor for these appointments. Additionally, I was arrested for failure to appear, but was at work at the time of arrest, and never received any punishment in regards to that arrest. It was merely done, to show it could be done and that harsher punishment was sought due to my "missing work all the time". Not because my condition warranted it nor the pain and sleep medication (Ambien and others) I was prescribed by my PCM. In all of my rebuttals up to the arrest (and after) - I had always outlined my difficulties with sleeping approx. 1 1/2 to 2 hrs a night which continues to this very day.
So I have a few questions;
1. I do intend to file a AFBCMR claim towards EVERY fitness test since injury - Specifically quoting AFI 36-3212, Physical Evaluations for Retention, Retirement, and Separation (27 NOV 09). When an unfit ruling by the IPEB has been determined paragraph 3.22, summarily states; the date incurred is the date when, according to documented evidence or accepted medical principles, the member incurred the disease, defect, condition, or injury, not the date the member underwent medical evaluation.
As being found unfit and SAF ruling shows cause and effect from the disability do I have a leg to stand on here?
2. Can a AFBCMR request contain multiple items - such as my intent above, with the effect being that if these AF Fitness Assessments are dismissed, then I would not have received the two or three Referral EPR's for failed fitness. Now I want these removed as well. And coincidentally, with the Fitness Failures dismissed I also would not have been demoted to Senior Airman, I wish to have my SSgt Stripe back with back pay to July 2011.
3. This is a stretch but shoot for the moon I suppose, with all above corrected, as my injustice proves, I was also unable to test for promotion to the rank of TSgt/E-6 on 2 occasions due to the Referral EPR's, I am confident as my career field recently went through a merger thus being only PFE (One study material versus subject matter for specialized career field), and my past testing scores show, I would likely have made TSgt/E-6. I wish the rank of TSgt for final retired rank be awarded.
YES YES I know I'm stretching a bit on the last one, but it is factual.
So Jason, or anyone else, what are your thoughts.
v/r
Klam
"The Board acknowledge that there appeared to be a causal relationship for the majority of the member's disiplinary difficulties based upon the timing of the latest fitness failures in relation to his medical condition and his operative procedure. Subsequently, the Board concluded that the member should be permanently retired at 40 percent.
It was determined that Senior Airman SNUFFY did not serve satisfactorily in any higher grade within the meaning of Section 1372, Title 10, USC."
**All of my disciplinary action was directly related to Fitness Failures, except 2 LOR's. These were related to my medical condition. Both punishments were given on the same day, one for Absent Without Leave and other for Dereliction of Duty - this was for missing 13 days of work without excuse, following an epidural procedure that caused me to suffer a very debilitating episode. In my rebuttal to both punishments I clearly showed that the time frame for the punishment was unjustified due to the dates being for WHEN I had the procedure with doctor's excused absence from work (5 days), that were turned into my Senior Leadership by a Lt. Col that drove me to the appointment that day. And the daily communication with my First Shirt (now Retired) at the time with MFR's I typed up, including contact with my Supervisor for these appointments. Additionally, I was arrested for failure to appear, but was at work at the time of arrest, and never received any punishment in regards to that arrest. It was merely done, to show it could be done and that harsher punishment was sought due to my "missing work all the time". Not because my condition warranted it nor the pain and sleep medication (Ambien and others) I was prescribed by my PCM. In all of my rebuttals up to the arrest (and after) - I had always outlined my difficulties with sleeping approx. 1 1/2 to 2 hrs a night which continues to this very day.
So I have a few questions;
1. I do intend to file a AFBCMR claim towards EVERY fitness test since injury - Specifically quoting AFI 36-3212, Physical Evaluations for Retention, Retirement, and Separation (27 NOV 09). When an unfit ruling by the IPEB has been determined paragraph 3.22, summarily states; the date incurred is the date when, according to documented evidence or accepted medical principles, the member incurred the disease, defect, condition, or injury, not the date the member underwent medical evaluation.
As being found unfit and SAF ruling shows cause and effect from the disability do I have a leg to stand on here?
2. Can a AFBCMR request contain multiple items - such as my intent above, with the effect being that if these AF Fitness Assessments are dismissed, then I would not have received the two or three Referral EPR's for failed fitness. Now I want these removed as well. And coincidentally, with the Fitness Failures dismissed I also would not have been demoted to Senior Airman, I wish to have my SSgt Stripe back with back pay to July 2011.
3. This is a stretch but shoot for the moon I suppose, with all above corrected, as my injustice proves, I was also unable to test for promotion to the rank of TSgt/E-6 on 2 occasions due to the Referral EPR's, I am confident as my career field recently went through a merger thus being only PFE (One study material versus subject matter for specialized career field), and my past testing scores show, I would likely have made TSgt/E-6. I wish the rank of TSgt for final retired rank be awarded.
YES YES I know I'm stretching a bit on the last one, but it is factual.
So Jason, or anyone else, what are your thoughts.
v/r
Klam