RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00002

		COUNSEL:  NONE

		HEARING DESIRED:  NO 	


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APPLICANT REQUESTS THAT:

Her 16 Aug 12 Fitness Assessment (FA) score be declared void and removed from the Air Force Fitness Management System (AFFMS).  

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APPLICANT CONTENDS THAT:

Her FA failure was the result of the counter improperly guiding her through her push-up component of the assessment.  Specifically, the counter would only announce the number of correct push-ups and inappropriately would not explain what she was doing wrong when she performed her push-ups incorrectly.  There were several individuals shouting at her making it difficult to ascertain what to do in order to correct her push-up form.  Once she failed to perform the required number of push-ups she terminated the test.  However, she now understands that she should have continued testing in the other components of the assessment, even though she was not credited with enough pushups to attain a passing overall score on the FA.  She was unable to reschedule her next FA prior to the close-out of her referral enlisted performance report (EPR).

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 Regular Air Force in the grade of staff sergeant (E-5).  

On 16 Aug 12, the applicant participated in the contested FA and attained an overall score of 16.50 which was the component score for her abdominal circumference; however, as she was only credited with seven push-ups (minimum required for her age group was 18), and she did not complete the cardio or sit-up components of the FA, she attained an overall unsatisfactory assessment.  
In accordance with AFI 36-2905, Fitness, a member who attains an unsatisfactory assessment must undergo a 42-day reconditioning period prior to being permitted to retake the FA.  

On 27 Sep 12, the 42-day reconditioning period expired and the applicant was eligible to retake the contested FA on this date.

On 30 Oct 12, the applicant’s enlisted performance report (EPR)for the period beginning 31 Oct 11 closed out.  The report rendered for this period was referred to the applicant due to a rating of “Does Not Meet” standards and comments relative to the contested FA.

On 5 Nov 12, the applicant participated in a FA, attaining a composite score of 86.30, which constituted a satisfactory assessment where she was credited with 30 pushups..  

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice.  The applicant contends while she was performing her push-ups, the counter failed to tell her what she was doing wrong until she asked.  Upon completing the push-up component of her FA she made an inquiry to a Fitness Assessment Cell (FAC) member as to what she was doing wrong.  She was informed there were no do overs.  However, a FAC staff member subsequently informed her that her form was incorrect.  The applicant then determined she had been improperly scored during the push-up component of the FA.  Unfortunately, based on the information provided by the applicant, a determination cannot be made whether or not the push-ups were completed correctly.  Regardless of whether the push-ups were counted or not, the applicant failed to complete all components of the FA as required, resulting in an unsatisfactory score.  

A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Sep 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded the applicant is the victim of an error or injustice.  While the manner in which the applicant’s push-ups were counted during the contested FA is in dispute, even if we assume for the sake of argument that the push-up component of the contested FA was inappropriately administered, we are not convinced this would cause the applicant to be the victim of an injustice.  While the applicant provided a supporting statement indicating that she was precluded from re-scheduling an FA due to Hurricane Sandy relief efforts, and her inability to do so presumably resulted in her receiving a referral enlisted performance report (EPR), we are not convinced she exercised due diligence in timely rescheduling the FA.  In this respect, we note the provisions of the governing instruction allow a member to request a waiver of the 42-day reconditioning period in circumstances such as these, which would have allowed the applicant to schedule another FA in the nearly 75 days subsequent to the contested FA before the close-out of the reporting period.  Furthermore, even if the applicant, for whatever reason, was unable to avail herself of this solution, the commander could have requested an extension of the close-out period of the EPR under the provisions of AFI 36-2406, Officer and Enlisted Evaluation Systems, pending the outcome of the FA she participated in less than a week after the close-out of the reporting period.  Therefore, 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-2013-00002 in Executive Session on 14 Jan 14, under the provisions of AFI 36-2603:
	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00002 was considered:

	Exhibit A.  DD Form 149, dated 19 Dec 12 w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIM, dated 22 Aug 13, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Sep 13.




                                   
                                   Panel Chair
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