DOCKET NUMBER: BC-2012-01920
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His fitness assessments (FAs) dated 1 November 2004 and 6
December 2004 be removed from the Air Force Fitness Management
System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
Unofficial FA scores were entered into AFFMS contrary to the Air
Force Instruction (AFI). On 16 January 2004 he had a passing
score of 75.30. The squadron commander implemented a policy
that the fighter squadron members must score at least an 81 on
their FA. If they scored below 81, they were required to test
every month until they scored at least an 81 because they were
the 81st Fighter Squadron (FS) and the commander could use
practice tests to assess fitness standards.
His next official test was administered on 16 July 2004. He
passed with a 76.35 score. The 81 score policy remained in
effect and when he failed the practice assessment tests on
1 November 2004 and 6 December 2004, both scores were input into
AFFMS contrary to the AFI. He passed his next official test on
21 January 2005 with a score of 75.60.
In January 2005 he was told by the unit fitness program manager
(UFPM) there was no way to remove the scores from AFFMS. He
tried to have them removed again in 2006 after a permanent
change of station (PCS). AFI 36-2905, AFGM3, 3 Jan 12,
identified AFBCMR as the authority to remove FA scores from
AFFMS. A practice test should not show up in AFFMS.
In 2004 FA tests were based on date of birth. Since his
birthday is in July, his tests were due in January and July.
These were the only times official tests were supposed to be
entered into AFFMS.
In support of his request, the applicant provides a copy of his
AFFMS Individual Fitness Assessment History.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of O-4, Major.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIM recommends denial. DPSIM states at the time of
the applicant’s fitness assessments the governing Air Force
instruction was AFI 10-248 not AFI 36-2905. AFI 36-2905 became
effective on 1 July 2010 and does not apply to any fitness
assessments prior to that date.
The complete AFPC/DPSIM evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response dated 11 July 2012, the applicant states that on
4 November 2004, AFI 10-248 dated 1 January 2004, makes clear
“the annual fitness assessment provides commanders with a tool
to assist in the determination of overall fitness of their
military personnel.” Paragraph 3.4., under “Scheduling” states
frequency of fitness testing should be based on previous fitness
score unless earlier assessment is necessary to accommodate the
AEF
for
intervention/fitness improvement. Paragraph 3.4.1 states the
scheduling frequency for an excellent/good test score is within
12 months. The applicant indicates he was not scheduled for an
AEF rotation so an earlier test was not necessary and scheduling
should have been within 12 months since his previous test score
was in the good category.
The applicant provides an expanded statement of the events of
his 1 November 2004 and 6 December 2004 practice assessments and
his multiple attempts to have the scores removed from AFFMS. He
further states he has five scores entered into AFFMS from
16 January 2004 through 21 January 2005 for his “annual” fitness
assessment which is contrary to AFI 10-248.
The applicant’s complete response, with attachment, is at
Exhibit D.
________________________________________________________________
THE BOARD CONCLUDES THAT:
available
maximize
rotation
and
time
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and the applicant’s
submission we believe relief is warranted. The Board notes the
comments of the Air Force office of primary responsibility,
indicating the applicant has failed to sustain his burden of
proof to substantiate his claim. However, we believe he has
raised sufficient doubt regarding the contested practice fitness
assessments. In this respect, we note that guidance regarding
the scheduling frequency of the fitness assessments is not
clearly outlined in AFI 10-248 dated 1 January 2004, which has
been superseded by AFI 36-2905, 1 July 2010, whose current
guidance on practice tests does not apply to the applicant’s
case, as stated by the Air Force office of primary
responsibility. Therefore, in view of the above and noting the
applicant’s history of otherwise acceptable fitness levels, we
recommend his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected that the Fitness
Assessments dated 1 November 2004 and 6 December 2004 be removed
from the Air Force Fitness Management System.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 10 January, 2013, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-01920:
Exhibit A. DD Form 149, dtd 28 March 2012, w/atch.
Exhibit B. Letter, AFPC/DPSIM, dated 31 May 2012, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 18 June 2012.
Exhibit D. Letter, Applicant, dated 11 July 2012, w/atch.
Panel Chair
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