RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03583

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 14 May 12 be declared void and removed from the Air Force Fitness Management System (AFFMS). 
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APPLICANT CONTENDS THAT:

The sit up component of the contended FA was unjustly administered by the Fitness Assessment Cell (FAC) representative.

The FAC failed to inform him of incorrect sit-ups preformed in accordance with (IAW) AFI 36-2905, Fitness Program AFGM 2.1 (1 Jul 11) 7.2.6: If an incorrect sit-up is performed, assessor will repeat the number of the last correct sit-up and explain what is being done incorrectly.  Instead of being told he was completing the sit-ups incorrectly on the first incorrect repetition, the FAC waited until 45 seconds into the test to inform the applicant of the uncounted sit-ups. This resulted in him missing the minimum number by 2 repetitions.

In 31 years of service he has never failed an FA and since the contested assessment he has received maximum points on the sit-up portion of the test three times.  

Removing this unjust score is a matter of pride for him and is not driven by any negative administrative action.

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

On the date of the contested FA the applicant was serving as a Lieutenant Colonel (O-5), on active duty status.

On 14 May 12, the applicant participated in the contested FA, attaining an overall composite score of 83.70, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 12:21/54.30, Abdominal Circumference – 38”/14.40 points, Push-ups – 44/10.00, Sit-ups – 31/5.00 points.

On 16 Dec 13, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating “Applicant did not provide any documentation from the FAC or the administrator.” 

AFI 36-2905, Fitness Program AFGM 2.1 (1 Jul 11) A7.2.6. Complete Sit-up. A complete sit-up is accomplished when the upper torso of the member is raised off the floor/mat, the elbows touch the knees or thighs, and the upper torso is lowered back to the floor/mat until the shoulder blades touch the floor/mat. Elbows must touch the knees or thighs at the top of the sit-up, and the shoulder blades must touch the floor/mat at the bottom of the sit-up. The hands must stay in contact with the shoulders/upper chest at all times. Incorrect sit-ups (e.g., elbows do not touch the knees or thighs at the top of the sit-up, shoulder blades do not touch the floor/mat at the bottom of the sit- up, hands do not stay in contact with the shoulders/upper chest at all times, etc.) will not be counted. If an incorrect sit-up is performed, assessor will repeat the number of the last correct sit-up and explain what is being done incorrectly. 
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to change the contested FA in AFFMS due to lack of supporting evidence.  

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 27 Mar 14 for review and comment within 30 days.  

On 22 Apr 14, the applicant submitted a memorandum for record from the installation FAC manager who indicated that he met with the applicant and asked him to demonstarate how he performed the sit-up during the day of the contested FA.  In the FAC manager’s opinion, after he saw the sit-up the applicant demonstrated he believes that it was in fact a valid sit-up and and injustice was done (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 an 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 submitted a memorandum from the FAC manager indicating that a potential injustice occurred he has not met his burden of proving that the sit-up component of the contested FA was incorrectly administered.  In this respect, the FAC manager was not present during the day of the contested FA and did not witness whether the actual sit-ups performed were accomplished correctly. Moreover, the FAC manager’s opinion is based on a demonstration by the applicant after the contested FA was complete.  In the absence of evidence (i.e. witness statements, letter from test administrator, etc.) that indicate that the sit-up component of the contested FA was in fact administered incorrectly we have no basis to approve the request.  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-2013-03583 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	XXXXXXXX, Panel Chair
	XXXXXXXX, Member
	XXXXXXXX, Member



The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03583 was considered:

	Exhibit A.  DD Form 149, dated 22 Jul 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 16 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 27 Mar 14.




                                   XXXXXXXX
                                   Panel Chair