Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 02245
Original file (BC 2013 02245.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02245

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.	Her Fitness Assessment (FA), dated 28 Sep 12 be removed from the Air Force Fitness Management System (AFFMS).

2.	The Letter of Reprimand (LOR) and resultant Unfavorable Information File (UIF) for her fourth FA failure be removed from her record.
________________________________________________________________

APPLICANT CONTENDS THAT:

The contested FA was improperly conducted, causing her to receive an unsatisfactory score, which resulted in her unjustly receiving an LOR and the establishment of a UIF.
 
The initial test was performed by a new active duty Physical Training Leader (PTL) rather than an experienced civilian contractor.  The PTL deviated from AFI 36-2905_AFGM3 Fitness Program (3 Jan 12) by not taking the Abdominal Circumference (AC) measurement in the correct location, with proper tightness and incorrect breathing instructions.  She was re-measured by the Fitness Assessment Cell (FAC) director and deputy director who again incorrectly accomplished the measurement. 

The contested AC measurement is not consistent with her historical correlation between AC and bodyweight indicating the FAC made an error.

Other testers have been improperly measured at the same location.  As evidence of this she submits a statement from Col Thomas Gross of SAF/MRBP indicating that he had been improperly measured by the same facility.

Her last FA was scored as an excellent at 92.20 showing both inaccuracy of the failed test as well as continued improvement in her fitness levels.

The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

At the time of the request the applicant was serving as a Colonel (O-6), in an active status, for the Air National Guard (ANG).  As of 1 Apr 14 the applicant is retired.

On 28 Sep 12 the applicant received an unsatisfactory score of 10.70 in the contested FA. No exemptions were indicated, she completed only the AC component. 

AFI 36-2905 AFGM3 (3 Jan 12) Attachment 1 paragraph 7: Abdominal circumference assessment will be executed as follows:

	a. The tester will start the measurement on the right side of the Airman. The tester will locate the measurement landmark immediately above the right uppermost hip bone (superior border of the iliac crest) at the side of the body vertically in line with the right armpit (midaxillary line). If desired, the Airman may assist the tester in locating the measurement landmark by resting the right hand on the hip, using rearward facing right thumb to locate the iliac crest. The tester will determine final horizontal-vertical intersection point for landmark confirmation.

	b. The Airman will stand on a flat surface with feet no more than shoulder width apart. The head should be horizontal, looking directly forward with the chin parallel to the floor. The Airman may use one hand to initially assist the tester in anchoring the tape measure to the body, but must remove the hand from the tape measure before the official measurement is recorded. Measurement will be taken on bare skin. The free hand may be used to hold the shirt out of the way, but no part of the hands or arms may extend above the shoulders.

	c. The Airman will remain stationary while the tester conducts the measurement by initially moving around the Airman to place the tape in a horizontal plane around the abdomen. The tester will ensure tape is parallel to the floor at the level of the landmark (bottom edge of the tape just contacts landmark), is snug, but does not compress the bare skin. The tester will take the measurement at the end of the Airman’s normal respiration.

	d. The tester will take the circumference measure three times and record each measurement rounding down to the nearest ½ inch. If any of the measures differ by more than one inch from the other two, the tester will take an additional measurement. The tester will add the three closest measurements, divide by three, and round down to the nearest 1/2 inch. The tester will record this value as the AC measurement.
______________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA, citing the lack of supporting evidence.

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 24 Mar 14 for review and comment within 30 days.  As of this date, no response has been received by this office(Exhibit C).
_______________________________________________________________

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 the applicant has not been the victim of an error or injustice.  While the applicant has provided personal statements, a letter from her unit PTL, and an eyewitness statement from another Airman indicating that the AC measurement component of the contested FA may have been administered incorrectly, she has not met her burden of proving the contested FA should be removed from her records.  In this respect, we note the applicant has not provided sufficient documentation to include evidence from the FAC stating that the FA was administered incorrectly, support from her chain-of-command recommending the FA be invalidated, or other documentation that would substantiate her claim.  However, should she provide such evidence, we would be willing to reconsider her 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.
________________________________________________________________

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-2013-02245 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	 Panel Chair
	 Member
	 Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 May 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 26 Feb 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Mar 14.




                               
                                   Panel Chair


Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 03418

    Original file (BC 2013 03418.txt) Auto-classification: Denied

    If any of the measures differ by more than one inch from the other two, the tester will take an additional measurement. The tester will record this value as the AC measurement. ________________________________________________________________ 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...

  • AF | BCMR | CY2013 | BC 2013 04720

    Original file (BC 2013 04720 .txt) Auto-classification: Denied

    The Airman may use one hand to initially assist the tester in anchoring the tape measure to the body, but must remove the hand from the tape measure before the official measurement is recorded. The tester will ensure tape is parallel to the floor at the level of the landmark (bottom edge of the tape just contacts landmark), is snug, but does not compress the bare skin. The tester will record this value as the AC measurement.

  • AF | BCMR | CY2012 | BC 2012 05753

    Original file (BC 2012 05753.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05753 COUNSEL: NO HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His 11 Dec 12 Fitness Assessment (FA) results reflect an abdominal circumference (AC) measurement of 38 inches and a composite score of 76.2. The applicant’s most recent FA results are as follows: Date Composite Score Rating 21 Feb...

  • AF | BCMR | CY2012 | BC-2012-04264

    Original file (BC-2012-04264.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04264 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His fitness assessment (FA), dated 24 August 2012, be removed from the Air Force Fitness Management System (AFFMS). The Officer in Charge (OIC) told him that it was too late for another measurement as had already left the measuring room. ...

  • AF | BCMR | CY2013 | BC 2013 03388

    Original file (BC 2013 03388.txt) Auto-classification: Approved

    After completing his FA, he requested his Unit Fitness Program Manager (UFPM) -re- accomplish an AC measurement. The tester will record this value as the AC measurement.” The applicant did not provide his fitness score sheet nor did he provide documentation from the FAC acknowledging the error and an invalidation memorandum from the Unit Commander indicating his/her decision to invalidate the FA. While we note the applicant's stated request to have the entire FA removed, we believe the...

  • AF | BCMR | CY2012 | BC-2012-00451

    Original file (BC-2012-00451.pdf) Auto-classification: Denied

    When his waist was measured, the landmark was an inch above the right uppermost hip bone. ________________________________________________________________ THE AIR FORCE EVALUATION: HQ AFPC/DPSIM recommends denial. 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 the applicant has not been the...

  • AF | BCMR | CY2013 | BC 2012 05629

    Original file (BC 2012 05629.txt) Auto-classification: Approved

    She was re-measured a week later by a different FAC member [witnessed by the Unit Fitness Program Manager (UFPM)], and her measurements were, height (66 inches) and waist (30.5 inches). DPSIM states that the applicant has not provided sufficient evidence that would indicate the 5 Sep 12 AC measurement did not comply with the Air Force Instruction. The complete DPSIM evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S...

  • AF | BCMR | CY2013 | BC 2013 03771

    Original file (BC 2013 03771.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03771 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His 18 Jul 13 Fitness Assessment (FA) be declared void and removed from his records. Therefore, in view of the fact the evidence before us indicates the applicant’s AC measurement has never been above 35.5 inches (2006), and his AC measurement was recorded as 32.5 inches during an FA taking place only days after...

  • AF | BCMR | CY2013 | BC-2013-00330

    Original file (BC-2013-00330.txt) Auto-classification: Denied

    An unsatisfactory is a composite score less than 75 and/or one or more component minimums are not met. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial, indicating the applicant failed to demonstrate a clear error or injustice. We took notice of the...

  • AF | BCMR | CY2012 | BC 2012 05750

    Original file (BC 2012 05750.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05750 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her 17 Aug 12 Fitness Assessment (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS). When she asked to be remeasured, the Fitness Assessment Center (FAC) representative measured her AC at 31.5 inches, causing the PTL...