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AF | BCMR | CY2013 | BC 2013 02468
Original file (BC 2013 02468.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02468

	XXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA) dated 28 Nov 12, which resulted in a Letter of Reprimand (LOR) and consequent discharge board, be removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

The physical training leader (PTL) administering the assessment unjustly terminated the 1.0 mile walk for running.  The PTL was incorrect, he (the applicant) acted in accordance with (IAW) AFI 36-2905 Fitness Program_AFGM4 (dated 26 Jun 12) attachment 8. Airmen performing the 1.0-mile walk, must walk but not run, keeping at least one foot in contact with the ground at all times.  He never lost contact with the track during the 1.0 mile walk.  
	
There were inadequate personnel in position to determine a violation of test protocol. 

Two PTL’s are required to be present at all times and only one was present.  Additionally the PTL was a civilian which violated protocol at the time.

The PTL who terminated the cardio portion of the FA has an adversarial history with the applicant.

In support of these contentions the applicant submits the following: E-mail history pertaining to the physical fitness assessment in question;  Pictures of the 1-mile base track from each angle with explanations and LOR paperwork pertaining to the failed assessment.

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

STATEMENT OF FACTS:

At the time of the contested FA the applicant was serving as a Technical Sergeant (E-6) in the regular Air Force. 

On 28 Nov 12 the applicant participated in the contested FA, completing only the Abdominal Circumference (AC) component.  He  received an unsatisfactory composite score of 17.00.  

A similar request was denied by the Fitness Assessment Appeals Board (FAAB) on 2 Jan 14 due to insufficient evidence, specifically witness statement to support injustice.

(IAW) guidance at the time of contested FA, AFI 36-2905 AFGM4 attachment 1 paragraph 5. FACs will supervise Airmen conducting push-ups, sit-ups, and the 1.5 mile run/1.0-mile walk at a ratio of no more than 12 members for every one FAC staff member or Physical Training Leader (PTL). When multiple Airmen are testing, they will pair off and count for each other while the FAC staff member/PTL provides oversight to ensure proper form.

AFI 36-2905 AFGM4 A8.1.2. 1.0 mile walk, trained personnel will monitor participants, ensuring all members complete entire course and are continuously observed for course completion. 
______________________________________________________________

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 Jan 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 that the applicant has not been the victim of an error or injustice.  While the applicant has provided a personal statement, photos of the fitness track, and letters between him and the PTL who administered the test, he has not met his burden of proving the contested FA should be removed from his records.  In this respect, we note the applicant has not provided sufficient documentation to include; witness statements corroborating his contentions; evidence from the FAC stating that the FA was administered incorrectly; and support from his chain-of-command recommending that the FA be invalidated. Moreover, the applicants AFFMS report shows a history of unsatisfactory FA scores, which indicate his inability to consistently meet fitness standards.  Should the applicant provide sufficient evidence to support his claim, 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.
________________________________________________________________

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-2013-02468 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 May 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 9 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   XXXXXXXXXX
                                   Panel Chair

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