RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04155 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Fitness Assessment (FA) dated 31 Jul 2012, be removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: On 31 Jul 2012, his Abdominal Circumference (AC) was incorrectly measured by a Fitness Assessment Cell (FAC) staff member. He immediately requested to be re-measured by another FAC staff member and was told that he could not be re-measured. He challenged this fact to the Director, Fitness and Sports who three weeks later concluded that he should have been re- measured. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered Extended Active Duty effective 1 Jan 2006 and is currently serving in the Regular Air Force in the grade of captain (O-3). In an undated memorandum to the applicant, the Director, Fitness and Sports determined that the applicant was incorrectly denied the opportunity to be re-measured by another qualified FAC staff member. The applicant’s overall composite score for his 31 Jul 2012 FA was 89.30 (Satisfactory). In accordance with AFI 36-2905, Air Force Fitness Program, airmen who test in all four components (1.5 mile run or 1.0 mile walk, AC measurement, push-ups, and sit-ups) and score an Excellent (90 or above) are only required to test once a year. The following is a resume of the applicant’s Fitness History: FA Date AC SCORE FITNESS LEVEL *31 Jul 2012 35.50 89.30 Satisfactory 1 Jun 2011 32.00 99.30 Excellent 29 Jun 2010 34.00 100.00 Excellent 29 Jun 2009 31.50 100.00 Excellent 30 May 2008 32.50 100.00 Excellent 27 Mar 2007 30.00 100.00 Excellent 3 Feb 2006 30.00 95.00 Excellent *Contested FA ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIM recommends partial approval. DPSIM states that the applicant provided a memorandum from the Director of Fitness and Sports stating they incorrectly denied the applicant an opportunity to be re-measured. Therefore, they recommend the AC component of the FA dated 31 Jul 2012, be updated to reflect "exempt" in AFFMS. The overall composite score will change to reflect 89.63 (Satisfactory). The complete DPSIM evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The facts support his assertion that the entire FA should be removed from his record and that he should be granted the opportunity to re-test immediately. He provided documentation to support the contention that he was improperly denied the request to be re-measured as part of his FA. This would in-turn lead to the conclusion that his test was improperly administered and therefore should be null and void. The advisory opinion recommends partial approval but does not state why his full request for relief should not be granted. In addition, the advisory opinion is confusing in that it recommends that his AC reflect "exempt;" however, this still deducts points from his overall score for the AC and therefore literally changes nothing, keeping his score the same. He also asserts that being labeled as "exempt" is inaccurate. He was not exempt from this measurement and emphasizes that he was measured incorrectly. There is no dispute that he should have been re-measured when he made the request. The applicant’s complete response, with attachments, is at 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant removing the entire contested FA. In this respect, we note the applicant has not provided substantial evidence to invalidate the results of the entire FA. Therefore, in the absence of evidence the entire FA is in error or unjust, we find no basis upon which to recommend favorable consideration of his request to void the contested FA in its entirety. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief. In this respect, we note the Director of Fitness and Sports has provided a statement indicating the applicant was denied the opportunity to have his abdominal circumference re-measured. In view of this and in the interest of justice, we agree with the opinion and recommendation the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion that the applicant has been the victim of either an error or an injustice. Accordingly, we recommend the applicant’s records be corrected to the extent set forth below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the abdominal circumference component of the FA dated 31 Jul 2012, reflect "exempt" in the AFFMS. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 30 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to Docket number BC- 2012-04155 was considered: Exhibit A. DD Form 149, dated 4 Sep 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 25 Sep 2012, w/atch. Exhibit D. Letter, SAF/MRBR, dated 16 Oct 2012. Exhibit E. Letter, Applicant, dated 23 Oct 2012, w/atchs. Panel Chair