RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01145 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. The Fitness Assessments (FA) dated 2 Jan 13 be removed from the Air Force Fitness Management System (AFFMS). 2. The Referral Enlisted Performance Report (EPR) rendered for the period 2 Sep 12 through 1 Sep 13 be removed from her records. APPLICANT CONTENDS THAT: She received an unsatisfactory FA and referral EPR as a result of her medical condition which interfered with her ability to control her weight. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 16 Feb 10, the applicant commenced her enlistment in the Regular Air Force. On 2 Jan 13, the applicant participated in a FA, attaining an overall composite score of 58.90, which constituted an “unsatisfactory” assessment. She was credited with the following composite scores: Cardio - 15:52/44.10 points, Abdominal Circumference – 37.00/0.00 points, Push-ups – 31/8.30 points, Sit-ups – 39/6.50 points. The contested EPR was referred to the applicant for a “Does Not Meet” standards rating in Section 3, Fitness, and the comment “Failed Fitness Assessment with a 58.90.” The applicant’s FA results are as follows: Date Composite Score Rating *2 Jan 13 58.90 Unsatisfactory 23 Nov 11 91.00 Excellent 31 Aug 11 Exempt Exempt 17 Feb 11 86.90 Satisfactory 1 Feb 11 85.00 Exempt 23 Dec 10 73.60 Unsatisfactory 12 Apr 10 89.00 Good *Contested FA On 29 Sep 14, the applicant was furnished an honorable discharge, and was credited with 4 years, 7 months and 14 days of active service. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request to void the contested EPR indicating there is no evidence of an error or an injustice. The applicant did not file an appeal through the Evaluation Report Appeals Board (ERAB). According to AFI 36- 2905, Fitness Program, dated 3 Jan 13, service members are to remain current as defined in the previous AFI dated 1 Jul 10. Failure to remain current as well as failing to pass the FA before the end of the reporting period will result in a “Does Not Meet” on the performance report for the rating period. Since the applicant failed her last assessment and was in a non- current status her rating chain had no choice but to refer the EPR in question. While the applicant believes the contested report was unfair and unjust, she has not provided any evidence to substantiate the contested report was rendered unfairly or unjustly. Air Force policy is than an evaluation is accurate as written when it becomes a matter of record; and the report is considered to represent the rating chain’s best judgment at the time it is rendered. Furthermore, once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record. The burden of proof is on the applicant and she has not provided any evidence to show the contested report was unjust or inaccurate. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA noting there is no evidence of an error or an injustice. According to the AFI 36-2905, the medical providers are required to list the physical limitations that render a service member from participating or accomplishing a FA. The medical provider must indicate the length of time required for the restrictions due to the physical limitations for the FA. While the applicant provided documentation from her medical provider stating she had a medical condition, he did not provide what the specific limitations were for the FA. A complete copy of the AFPC/DPSIM evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 11 Fe 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-01145 in Executive Session on 24 Mar 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Jan 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIM, dated 24 Mar 14 Exhibit D. Memorandum, AFPC/DPSID, dated 3 Feb 15. Exhibit E. Letter, SAF/MRBR, dated 11 Feb 15.