RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03286

		COUNSEL:  NONE

		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His fitness assessment (FA) scores dated 30 March 2012 and 
18 June 2012 be removed from the Air Force Fitness Management 
System (AFFMS). 

________________________________________________________________

APPLICANT CONTENDS THAT:

1.   He was tested on 30 March 2012 and 18 June 2012.  Both 
dates were prior to 42 days.  The expiration of his duty 
limitations was 29 Feb 2012 for the first FA and he was tested 
on 30 March 2012, twelve days prior to the 42-day mark and 
without approval from his unit commander.  The FA conducted on 
18 June 2012 was a complete FA in which he completed the 1.5 
mile run in violation of the AF Form 422, Notification of Air 
Force Member’s Qualification Status.  The reason for this 
violation was that neither he nor his Unit Fitness Program 
Manager were aware of an updated AF Form 422 indicating he was 
exempt from the 1.5 mile run.  This FA was also scheduled and 
conducted without the approval of the unit commander prior to 
the 42-day mark.  

2.  His request is based on AFI 36-2905, Fitness Program, 
paragraph 2.11.1.2., which states "Retesting is not recommended 
during the first 42 days after an unsatisfactory test. 
Recognized medical guidelines provide that this time is needed 
to recondition from Unsatisfactory to Satisfactory status in a 
manner reducing risk of injury.  If a member requests, 
commanders may approve a retest within the 42-day window 
following an unsatisfactory fitness score.  A member wanting to 
use the full 42-day reconditioning  period following an 
unsatisfactory fitness score will not be required to retest 
during that period.”

In support of his request the applicant submits a personal 
statement, copies of his AF Forms 469, Duty Limiting Condition 
Report, AF Forms 422, a Letter of Reprimand (LOR) dated 19 June 
2012, and his Letter of Response to the LOR.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.  
STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of Technical Sergeant (TSgt), E-6.  

By letter dated 15 August 2012, AFPC/DPSIM requested the 
applicant provide additional supporting documentation to 
substantiate his claim; specifically, copies of his signed 
fitness assessment score sheet and fitness questionnaire.  The 
applicant provided the additional documentation 

________________________________________________________________

AIR FORCE EVALUATION:

1.  AFPC/DPSIM recommends partial approval.  DPSIM states lAW 
AFI 36-2905, table 4.3, a member is allowed 42 days for training 
following the expiration date of their medical exemption.  After 
calculating the applicant’s dates, 42 days from the expiration 
date of his AF Form 422 would have been 22 March 2012.  The 
applicant had an AF Form 422 dated 31 Aug 2011, with an 
expiration date of 10 Feb 2012, exempting him from the cardio, 
sit-ups, and push-ups components.  Another AF Form 422 dated 
27 Mar 2012 with an expiration date of 6 March 2013, was 
processed exempting him from the 1.5 mile run only.  His FA 
dated 30 Mar 2012, was performed according to his AF Form 422 
dated 27 March 2012.  His FA dated 18 Jun 2012 was performed 
eleven days after the 7 June 2012, expiration date of his AF 
Form 422s dated 7 Mar 2012.  

2.  They recommend denial to have the fitness assessment dated 
30 Mar 2012 removed from AFFMS however, they recommend approval 
to have the fitness assessment dated 18 Jun 2012 removed from 
AFFMS.

The complete AFPC/DPSIM evaluation, with attachments, is at 
Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 3 February 2013 for review and comment within 30 
days (Exhibit D).  To date, a response has not been received.   

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

1.  The AFBCMR Medical Consultant recommends granting the 
applicant relief by removing both the 30 March 2012 and 18 June 
2012 Fitness Assessments and to reflect he was exempt from 
testing all portions of the fitness assessment on these dates.  

2.  The applicant had two significant medical conditions, one 
treated in 2010 and the other treated in 2011.  Because of the 
long-standing profile restrictions imposed for either one or 
both conditions (greater than 365 days), he was vulnerable for 
an MEB and possible medical separation from military service; 
for which it's apparent that the applicant did not desire.  
Moreover, the applicant also desired attendance at the 
Noncommissioned Officers (NCO) Academy, but which required (due 
to the impending date) completion and likely passing of his 
Fitness Assessments.  Thus, the applicant through self-interest, 
asked his provider to remove some of his restrictions (as 
allegedly recommended by the provider), then took an ill-advised 
Fitness Assessment prior to expiration of the 42 days post-
expiration of restrictions; at his own peril at least in one 
instance.  Therefore, hidden within this case there appears to 
be mutual culpability on the part of the applicant and the 
Military Department with one not knowing or worse knowing, the 
motives and actions of the other at a given time.  

3.  Based upon the evidence of the profiles and Duty-Limiting 
Conditions Reports and their respective expiration dates, either 
both fitness failures should be removed or neither should be 
removed, since it appears the applicant and his provider acted 
improperly by removing certain profile restrictions to avoid an 
MEB and the applicant by, then, prematurely taking a Fitness 
Assessment to meet his needs to attend the NCOA opportunity.  
Either of the aforementioned actions can be interpreted as 
either malicious intent or a reflection an individual highly 
motivated to serve, at the expense of his health (but also a 
risk to mission).

4.  The Board is now asked to identify possible error or 
injustice on the part of the Military Department, as alleged.  
The error was the provider's agreement to remove or alter the 
applicant's profile restrictions.  The error was the agreement 
by fitness testers to test (knowingly or unknowingly) the 
applicant prior to the recommended 42-day period after 
expiration of his profile restrictions, then holding him to the 
standard in clear violation of AF policy in both the March and 
June 2012 instances; although in at least one instance he 
reportedly “was not granted permission from his unit commander.” 
The Medical Consultant opines if there is an injustice, it has 
been in part created by the applicant himself.  To clear any 
confusion or errors committed by both the applicant and the Air 
Force, the Medical Consultant recommends removing both the 
30 March 2012 and the 18 June 2012 Fitness Assessments; then 
holding the applicant and his providers to the standards of AFI 
48-123, Medical Standards for Continued Military Service, AFI 
10-203, Duty Limiting Conditions, and those of AFI 36-2905, 
Fitness Program, all in the effort to properly manage the health 
and mission readiness of the Force.

The complete AFBCMR Medical Advisor evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to 
the applicant on 17 June 2013 for review and comment within 15 
days (Exhibit F).  To date, a response has not been received.  

________________________________________________________________

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 error or injustice.  After a review 
of the evidence of record and the applicant’s submission, we 
believe that full relief is warranted.  We took note of the Air 
Force office of primary responsibility recommendation; however, 
we agree with the BCMR Medical Consultant’s assessment that the 
applicant had long-standing profile restrictions imposed as a 
result of his significant medical conditions which precluded him 
from achieving a passing fitness assessment score.  Therefore, 
we are in agreement with the BCMR Medical Consultant‘s 
recommendation that the two “unsatisfactory” scores dated 
30 March 2012 and 18 June 2012 should be removed from the Air 
Force Fitness Management System.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that the 
Fitness Assessment (FA) scores dated 30 March 2012, and 
18 June 2012 be removed from the Air Force Fitness Management 
System.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 11 July 2013, under the provisions of 
AFI 36-2603:

		, Panel Chair
      , Member
		, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-03286:

    Exhibit A.  DD Form 149, dated, 12 July 2012, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIM, dated, 16 October 2012 
w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 29 October 2012.
    Exhibit E.  Letter, AFBCMR Medical Consultant, dated 28 May 
2013.
    Exhibit F.  Message, SAF/MRBC, dated 17 June 2013



                                   
                                   Panel Chair