RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05000 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect his 25 Aug 09 Fitness Assessment (FA) entry be changed to read “Good,” rather than “Unsatisfactory.” 2. His FA scores since 11 Jan 11 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: 1. His 25 Aug 09 FA was recorded in error as his composite scores should have resulted in an overall assessment of “Good,” instead of “Unsatisfactory” based on the standards in effect at the time. 2. His health care provider placed him on a composite waiver, but the Medical Group Commander unfairly overturned the waiver. Both his Director and Commander agreed that he should be on a composite waiver. The National Guard Bureau (NGB) Surgeon General reviewed his case and agreed that he should have been exempt. In support of his request, the applicant provides a copy of his Individual Fitness Assessment History, two AF Forms 422, Notification of Air Force Member’s Qualification, two Air Forms 469, Duty Limiting Condition Report, an email communique and a copy of his Letter of Reprimand (LOR). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 13 May 82, the applicant commenced his enlistment in the Regular Air Force. In accordance with AFI 10-248, Fitness Program, to determine overall fitness, the Air Force uses an overall composite fitness score and minimum scores per three component areas: Aerobic Fitness, Body Composition, and Muscular Fitness. Military members receive a composite score on a 0 to 100 scale based on the following maximum component scores: 50 points for aerobic, 30 points for body composition, 10 points for push-ups and 10 points for sit-ups. Furthermore, unit commanders may initiate or recommend administrative discharge action on individuals who fail four fitness tests within a 24-month period. Attachment 12, USAF Fitness Scoring, of the AFI reflects that males such as the applicant who are 45-49 years old must meet minimum value in each of the four components and achieve a composite point total greater than 75 points. The fitness levels and composite scores are: 90 or above Excellent, 75-89.99 Good, 70-74.99 Marginal, and 70 or below Poor. On 25 Aug 09, the applicant participated in a FA, attaining an overall composite score of 73.67, which constituted an “unsatisfactory” assessment. The applicant was credited with the following composite scores: Cardio – Exempt, Abdominal Circumference – 39.00”/12.60 points, Push-ups – 42/9.50 points, Sit-ups – Exempt. On 25 Aug 10, the applicant received a composite fitness score of 34.00, resulting in an unsatisfactory assessment. He was exempt from all components except the abdominal circumference. His waist measurement was 41.50 inches, which exceeded the maximum of 39.00 inches for his age group. On 29 Dec 10, the applicant received an unsatisfactory assessment with a composite score of 0.00, resulting in an unsatisfactory assessment. He was exempt from all components except the abdominal circumference. His waist measurement was 44.00 inches, which exceeded the maximum of 39.00 inches for his age group. On 14 Jan 11, the Medical Group Commander informed the Family Health Clinic that the applicant could not be recommended for an exemption for the abdominal circumference (AC) measurement for impending back surgery. He further indicated a recommendation for an exemption could be for abdominal surgery if within the previous three months. On 29 Mar 11, the applicant received a composite fitness score of 26.50, resulting in an unsatisfactory assessment. He was exempt from all components except the abdominal circumference. His waist measurement was 42.00 inches, which exceeded the maximum of 39.00 for his age group. On 27 Jun 11, the applicant received a composite fitness score of 34.00, resulting in an unsatisfactory assessment. He was exempt from all components except the abdominal circumference. His waist measurement was 41.50 inches, which exceeded the maximum of 39.00 for his age group. On 9 Sep 11, an AF Form 469, Duty Limiting Condition Report, was initiated exempting the applicant from completing all components of physical training (PT) from 9 Sep 11 through 8 Sep 12. It was further noted the applicant was undergoing a Medical Evaluation Board (MEB) to determine fitness for worldwide duty and retention. However, the AF Form 469 was not certified by the Health Care Provider, Force Health manager, and Profile Officer. On 27 Sep 11, the applicant received a composite fitness score of 26.50, resulting in an unsatisfactory assessment. He was exempt from all components except the abdominal circumference. His waist measurement was 42.00 inches, which exceeded the maximum of 39.00 for his age group. On 29 Sep 11, the applicant received a Letter of Reprimand (LOR) for failing his fourth FA. On 30 Dec 11, the applicant received a composite fitness score of 26.50, resulting in an unsatisfactory assessment. He was exempt from all components except the abdominal circumference. His waist measurement was 42.00 inches, which exceeded the maximum of 39.00 for his age group. On 28 Mar 12, the applicant received a composite fitness score of 0.00, resulting in an unsatisfactory assessment. He was exempt from all components except the abdominal circumference. His waist measurement was 44.00, which exceeded the maximum of 39.00 for his age group. On 4 Sep 12, an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from completing all components of physical training (PT) from 9 Sep 11 through 8 Sep 12. It was further noted the applicant could NOT participate in organized group PT, that he was under specialty care, and follow exercise recommendations from his provider. On 26 Sep 12, an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from completing all components of his PT training from 20 Sep 12 to 20 Sep 13. On 31 Aug 13, the applicant was permanently disability retired in the grade of major (O-4) with a 50 percent disability rating. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends the applicant’s 25 Aug 09 FA should be corrected to reflect an overall score of “Good,” instead of “Unsatisfactory,” indicting that at the time of his 25 Aug 09 FA the minimum passing score was 75 and based his waist measurement, run time, push-ups, and sit-ups, his score should have been computed at 78.25, a passing score. DPSIM further recommends the fitness assessments dated 27 Sep 11, 30 Dec 11, and 28 Mar 12 be corrected to reflect the applicant was exempt from the waist measurement component of these FAs. The documentation provided shows the applicant’s health care provider placed him on a composite exemption as of 9 Sep 11. As for his 29 Mar 11 and 27 Jun 11 FAs, there is no evidence his health care provided made a final recommendation to place him on a composite exemption as it had not been certified by the Health Care Provider, Force Health Manager, and Profile Officer. Therefore, the 29 Mar ll and 27 Jun 11 assessments should not be disturbed. The complete copy of the AFPC/DPSIM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was told he had to participate in the abdominal circumference for the 29 Mar 11 FA, not knowing there was an AF Form 422 that exempted him from all portions of the FA. This extended his composite exemption to 11 Apr 12. His Neurosurgeon ordered an exemption; however, the Profile Review Officer countered the recommendation. Under the provisions of the AFI 36-2905 (1 Jul 10), it is very clear that the individual’s health care provider makes the determination for exemptions. The Director and Deputy Director of the ANG Surgeon General’s office agree that he should have been on a composite waiver from 2 Feb 12 to present. A complete copy of the applicant’s 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant contends that because his medical condition precluded him from participating in physical conditioning, he should have been exempt from all components of the fitness assessments (FA) since 11 Jan 11. After a thorough review of the evidence of record and the applicant’s complete submission, we agree. While we note the comments of the Air Force OPR indicating that he should have been exempt from only three of the five contested FAs, we find it reasonable to believe that the applicant’s medical condition, which ultimately caused him to be permanently retired for physical disability, precluded him from attaining a passing score on all five of the contested FAs. As for his request that his 25 Aug 09 FA be corrected to reflect a passing score of “Good,” we agree with the opinion and recommendation of AFPC/DPSIM and adopt its rationale as the basis for our conclusion that this FA score was computed and recorded in error. 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 that: a. The overall score of his 25 Aug 09 Fitness Assessment be corrected to reflect 78.25 points, instead of 73.67 points, which constitutes an overall “Good” assessment. b. The Fitness Assessments, dated 29 Mar 11, 27 Jun 11, 27 Sep 11, 30 Dec 11, and 28 Mar 12 are declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05000 in Executive Session on 10 Sep 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 23 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 28 Dec 12. Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13. Exhibit E. Letter, Applicant, dated 19 Feb 13. Panel Chair