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 Members Qualification, two Air Forms
469, Duty Limiting Condition Report, an email communique and a
copy of his Letter of Reprimand (LOR).
The applicants 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 Members
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 Members
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 applicants 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 applicants
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 individuals health care provider makes the determination
for exemptions.
The Director and Deputy Director of the ANG Surgeon Generals
office agree that he should have been on a composite waiver from
2 Feb 12 to present.
A complete copy of the applicants 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 applicants 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 applicants
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 applicants 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
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