RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02621

	XXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 23 May 13 be corrected to reflect a 1.5 mile run time of 14:00 minutes in the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

He was given a run time of 14 minutes, 2 seconds which caused him to fail the cardio component of the contested FA.  He believes the two seconds were recorded in error and the FA cardio component of the FA should reflect a run time of 14 minutes, 0 seconds.  The applicant claims that this request is supported by his supervisor and his commander.

In support of his claim the applicant has submitted two affidavits from himself and a witness who was also participating in the contested FA. These documents explain that the timekeeper was using a manual stopwatch and the recorded time was an inaccurate estimation.  In detail, the time keeper recorded a five second difference between another participant (the witness) who was no less than 10 to 15 feet in front of him when he crossed the finish line at a sprinting pace. The other participant had a recorded time of 13:57, yet he was given a time of 14:02. After the test, the applicant attempted to determine the distance he could sprint in 5 seconds.  Having a third party measure the results of three 5 second sprints, it was determined that he ran an average of 114 feet. At this rate if the applicant was 15 feet behind the other participant his time should have been 0.4 seconds more and not the five seconds that was recorded.   

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

The applicant is currently serving in the Air Force Reserves in the grade of Staff Sergeant (E-5).

On 23 May 13, the applicant participated in a FA, attaining an overall composite score of 39.10, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 14:02/0.00, Abdominal Circumference – 35.00”/20.00 points, Push-ups – 47/9.10 points, Sit-ups – 55/10.00 points.

The applicant submitted a memorandum (not dated) from himself and from a witness who was also taking the FA on 23 May 2013.  These documents are the opinion of the applicant and the witness, but indicate that the witness was given a time of 13:57 while the applicant was given a time of 14:02, and the distance between them was no more than 15 feet.  By their calculation, a 5 second lapse in time, does not equate to the pace the applicant was running and the distance it took him to travel the 15 feet to the finish line.  

A list of the applicant’s last five FA results is as follows: 

Date 
Composite Score
Cardio
Rating
2 Jun 2013
82.90
12:55/44.90
Satisfactory
*23 May 2013
39.10
14:02/0.00
Unsatisfactory
13 Nov 2013
78.80
13:08/44.90
Satisfactory
15 Aug 2012
59.90
15:10/27.10
Unsatisfactory
29 May 2012
Exempt
Exempt
Exempt
*Contested FA

On 16 Dec 13, 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.”
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to change the contested FA in AFFMS as there is no evidence other than the applicant and the witness that the cardio time was incorrect at the time of completion or recorded incorrectly.    

DPSIM references AFI 36-2905, Fitness Program (dated 1 July 10) AFGM 5 (dated 3 Jan 13) Paragraph 33. "Your completion time will be recorded when you cross the finish line and you are required to complete a cool down for approximately 5 minutes." There is no indication the applicant notified the test administrator when he crossed the finish line that he believed he was timed incorrectly. Furthermore, the applicant did not provide an official statement from the test administers that there was an error in the cardio time.  

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 24 Dec 13 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he has met his burden of establishing the contested FA should be declared void.  The FAAB disapproved the request, stating that there was no witness statement to support an injustice and AFPC/DPSIM recommends denial of the request due to a lack of supporting evidence; however, we disagree.  Although the applicant has not provided an official statement from the FAC stating there was an error in the administrating of the FA, he has provided a personal statement and a memorandum from another FA participant, a Senior Non-Commissioned Officer who witnessed the event and supports the applicant’s claim. Due to the subjective nature of the case we find these statements establish the administration of the cardio component for the contested FA was conducted in error.  Specifically, there is a discrepancy between the distance the applicant had to run to complete the cardio component and the time that was given to him by the administrator. Given that the applicant retook the FA a week later and passed the cardio component in a time of 12:55, and the 2-second margin for error of the applicant’s recorded run time of 14:02 on the contested FA, we find a totality of the evidence supports favorable consideration of this request.  Therefore, we recommend the applicant’s records be corrected as indicated below.
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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 23 May 2013 be amended in the Air Force Fitness Management System (AFFMS) to reflect a completion time of 14 minutes and 0 seconds (14:00) for the 1.5 mile cardio component of the FA. 
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The following members of the Board considered AFBCMR Docket Number BC-2013-02621 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	, Chair
	, Vice Chair
	, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 23 May 13, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 15 Oct 13 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 24 Dec 13.
	



                                   XXXXXXXX
                                   Chair