RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02064
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 28 Aug 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
He was disqualified from the sit-up component of the contested FA because his hands came off the chest. According to AFI 36-2905, does not say that the test will be terminated if hands come off of the chest.
In support of his appeal the applicant provided two AF IMT 1168 Forms, Statement of Suspect/Witness/Complainant, which indicate from both himself and a witness (the individual counting the repetitions) that the sit-up component of the test was terminated early because his hands came off his chest. However, prior to the test the proper technique for the sit-up component was not demonstrated and he was briefed that if your hands come off your chest you will be given a warning first and if it happens again the test will be terminated. He was never given a warning, and there was still time left of the sit-up component when the test administrator stopped the applicant without any warning.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
On 28 Aug 12, the applicant participated in the contested FA and attained a composite score of 74.40 unsatisfactory.
On 2 Jan 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of Insufficient evidence; specifically witness statement to support injustice.
In accordance with AFI 36-2905, Fitness Program (dated 1 July 2010) AFGM 2.1 (dated 26 Jun 2012) Paragraph 8: "The repetition will not count if your hands/fingers come completely away from the chest/shoulder or if your buttocks or heels leave the ground. Additionally, you may not grab onto your shirt as it makes it difficult to determine if you are maintaining proper contact. Any resting must be done in the up position. While resting you may not use knees or any object to support yourself. If there is any resting other than in the up position, the sit-up portion of the test is terminated and your score will be based on the correct number of sit-ups performed up to that point."
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to remove FA score from AFFMS dated 28 Aug 12. Specifically, applicant did not provide supporting evidence to warrant removal of the FA.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 26 Nov 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
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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 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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While the applicant has provided a witness statement, he has not met his burden of proving that the sit-up component of the contested FA was incorrectly administered and terminated early. In this respect, we note the applicant references AFI 36-2905 indicating that it does not state that the test will be terminated if your hands come off your chest; however, the applicant did not provide any supporting evidence from the FAC that the test was actually terminated early or was administered incorrectly. Should the applicant provide such evidence, we would be willing to reconsider his request. However, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-02064 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:
Ms. XXXXXXXX, Chair
Ms. XXXXXXXX, Vice Chair
Ms. XXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Oct 12, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 11 Dec 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Jan 14.
XXXXXXXX
Chair
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