AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00811
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Fitness Assessment (FAs) scores dated 1 Sep 11 and
22 Nov 11 be declared void and removed from the Air Force
Fitness Management System (AFFMS).
2. His Letters of Reprimand (LOR), Letter of Admonishment
(LOA), and referral Enlisted Performance Report (EPR) be
declared void and removed from his official records.
3. He be reinstated to his prior rank of Staff Sergeant (SSgt).
________________________________________________________________
APPLICANT CONTENDS THAT:
Although his AF Form 422, Physical Profile, says he is required
to take the Abdominal Circumference (AC) portion of the Fitness
Assessment (FA), he should have been exempt. Therefore, the
administrative actions which resulted from him inappropriately
taking the AC portion of the FA should be declared void and
removed from his records. On 2 Jul 11, he severely injured his
lower back and has been in pain ever since. He has two
herniated discs pressing against the nerves of his spine. Since
his injury, he has not been able to work out and this caused him
to fail his FA for the second and third times in his career.
In support of his request, the applicant provides copies of his
Chronological Record of Medical Care and Radiological
Examination Report.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of Senior Airman (E-4).
On 23 Feb 11, 1 Sep 11, 22 Nov 11, 15 Feb 12, and 15 May 12, the
applicant achieved Unsatisfactory scores on annual FAs.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility which are included at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating there is no evidence of
an error or injustice. On 21 Mar 12, a memorandum was sent to
the applicant requesting copies of the member’s AF Form 422
completed by the Military Treatment Facility. The member did
not provide the requested documentation.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
AFPC/DPSID recommends denial of the applicant’s request to
remove the negative documentation in his file that resulted from
his FA failures, indicating there is no evidence of an error or
injustice. The FA is automatically presumed to be administered
fairly and accurately unless evidence to the contrary is
provided. The applicant failed to provide any evidence to
substantiate his assertion of an invalid test, or that the
resulting documentation was not warranted. In regards to the
applicant’s contention he should have been exempt from the AC
portion of the FA, only a competent medical authority has the
knowledge and perspective to make such a determination.
Further, IAW AFI 36-2905, Fitness Program, exemptions for AC
components are only granted in specific circumstances, such as
pregnancy or abdominal surgery. It is every Airman’s
responsibility to maintain the standards set forth in AFI 36-
2905 for 365 days a year. The applicant’s condition did not
preclude him from adhering to a healthy diet and proper food
portion control scheme. Having a waist measurement of 41 inches
at the time of the FA is not physically fit and not in keeping
with Air Force standards. The negative documentation in
question was completely appropriate and within the regulatory
Air Force requirements.
A complete copy of the AFPC/DPSID evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 18 Sep 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
2
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 AFPC/DPSID and adopt its 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
relief sought in this application.
________________________________________________________________
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-2012-00811 in Executive Session on 31 Oct 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 27 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 24 Jul 12, w/atch.
Exhibit D. Letter, AFPC/DPSID, dated 11 Aug 12.
Exhibit E. Letter, SAF/MRBR, dated 18 Sep 12.
Panel Chair
Member
Member
3
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