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AF | BCMR | CY2013 | BC-2012-03968
Original file (BC-2012-03968.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03968 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His 15 Dec 2010, 15 Mar 2011, and 13 Jun 2011, “Unsatisfactory” 
Fitness Assessments (FAs) be removed from the Air Force Fitness 
Management System (AFFMS). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

According to his AF Form 108, Physical Fitness Education and 
Intervention Processing, a medical evaluation revealed he had a 
condition that precluded him from obtaining a passing score. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained in 
the letter prepared by the appropriate office of the Air Force. 
Accordingly, there is no need to recite these facts in this Record 
of Proceedings. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends partial approval. DPSIM states that the 
applicant provided a signed AF Form 108 documenting he was 
evaluated and had a medical condition precluding the achievement of 
a passing score for his FA dated 15 Dec 2010. However, his FA’s 
dated 15 Mar 2011 and 13 Jun 2011 resulted in failures due to 
minimal scoring in all components. As a minimum, exempting the 
cardio portions of the FAs dated 15 Mar 2011 and 13 Jun 2011 will 
keep both FA composite scores below 75 percent. The applicant did 
not provide any additional documentation stating that the FA’s 
should be completely removed from the AFFMS. Therefore, DPSIM 
recommends the FA dated 15 Dec 2010, be removed from the AFFMS. 
However, they do not recommend that the FAs dated 15 Mar 2011 and 
13 Jun 2011 be removed from the AFFMS. 

 

The complete DPSIM evaluation, with attachment, is at Exhibit B. 

 

________________________________________________________________ 


 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

He understands that he is responsible for his own fitness 
compliance. However, he was not referred for a medical evaluation 
until 23 Jun 2011, after the third failure in a row and fourth 
failure in 24 months. AFI 36-2905 does not state that a medical 
evaluation is mandatory after one failure. However, it does state 
a medical evaluation must be completed before a unit commander can 
initiate administrative discharge. The AF Form 108 was not a 
factor until after the discharge was initiated. 

 

He sought medical attention after completing the 15 Mar 2011 FA 
because he believed he broke his toe. An AF Form 422, Physical 
Profile Serial Report, was generated which exempted him from the 
cardio component. Even though that specific test was an automatic 
failure due to the minimum scoring standards, the Fitness 
Assessment Cell should have held the score as a precautionary 
measure. Notwithstanding the FA failure, this would have allowed 
for medical and commander review. 

 

A medical provider stated the profile exempting him from the cardio 
component should have been extended due to the injury to his toe. 
Additionally, after reviewing his fitness scores the provider 
determined further testing was required to rule out other 
conditions. On 28 Sep 2011, a sleep study was conducted which 
revealed he had a sleep disorder. On 1 Dec 2011, he began the 
fitting process for a sleep appliance that was completed on 10 Feb 
2010 [sic]. Since his sleep has improved, he has been able to 
satisfactorily complete his FA. He is being punished for a medical 
condition which has caused a negative irreversible career impact. 

 

In further support of his request the applicant provides a copy of 
AFBCMR Docket Number BC-2009-04622. In this case, the Board 
corrected the applicant’s record to remove his FA failures, correct 
his profiles and remove his demotion action. 

 

The applicant’s complete response, with attachments, is at Exhibit 
D. 

 

________________________________________________________________ 

 

 


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 regarding the 
applicant’s requests that the FA dated 15 Mar 2011 and 13 Jun 2011, 
be removed from the AFFMS. 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 (OPR) and adopt its rationale as the 
basis for our conclusion the applicant has not been the victim of 
an error or injustice. We note the applicant’s contentions that he 
had medical conditions preventing him from obtaining a passing 
score; however, he has not provided substantial evidence which 
would persuade us that the contested FAs should be removed from the 
AFFMS. With respect to his reference to AFBCMR Docket number BC-
2009-04622, we note that each case before this Board is considered 
on its own merits, and precedent does not bind us. While we do 
strive for consistency in the manner in which evidence is evaluated 
and analyzed, we are not bound to recommend relief in one 
circumstance simply because the situation being reviewed appears 
similar to another case. Notwithstanding, we have reviewed the 
case cited by the applicant and are not persuaded that it supports 
his assertion that he has been the victim of an error or injustice. 
In the case cited by the applicant, the Chief of the Medical Staff 
concluded that the applicant in that case should have received a 
composite exemption from all fitness assessments between 30 Jul 
2008 and 3 Mar 2009. However, the applicant has not provided 
similar evidence to support that his FAs should be exempt or 
removed from AFFMS. Therefore, in the absence of substantial 
evidence to support the removal of his FAs, we find no basis to 
recommend granting the relief sought in this portion of his 
request. 

 

4. Sufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice warranting partial relief. 
After thoroughly reviewing the evidence of record and noting the 
applicant’s contention, we agree with the recommendation of DPSIM 
that since a medical evaluation determined that he had a medical 
condition precluding the achievement of a passing score, his FA 
dated 15 Dec 10 should be removed from the AFFMS. In view of the 
above, we recommend his records be corrected to the extent 
indicated below. 

 

________________________________________________________________ 

 

 


THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to reflect that his FA, dated 
15 Dec 2010, be declared void and removed from the Air Force 
Fitness Management System. 

 

________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 9 May 2013, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered in AFBCMR BC-2012-
03968: 

 

 Exhibit A. DD Form 149, dated 28 Aug 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIM, dated 17 Dec 2012, w/atch. 

 Exhibit C. Letter, SAF/MRBR, dated 11 Jan 2013. 

 Exhibit D. Letter, Applicant, dated 30 Jan 2013, w/atchs. 

 

 

 

 

 

 Panel Chair 

 



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