RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00540
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA) scores, dated 16 Jun 10, 23 Sep 10, 
17 Dec 10, 25 Mar 11, 3 Jul 12, and 1 Oct 12, be removed from 
the Air Force Fitness Management System (AFFMS). 

________________________________________________________________

APPLICANT CONTENDS THAT:

The six fitness tests he failed are unjust.  His medical 
condition (hypogonadism) prevented him from losing weight. He 
was demoted due to his fitness test failures.  A discharge board 
determined he had a preexisting medical condition that prevented 
him from achieving passing scores on the contested FAs.

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

_________________ ______________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of senior airman (E-4).

In accordance with AFI 36-2905, Fitness Program, to determine 
overall fitness the Air Force uses an overall composite fitness 
score and minimum scores per three component areas: Aerobic 
Fitness, Body Composition, and Muscular Fitness.  Military 
members receive a composite score on a 0 to 100 scale based on 
the following maximum component scores: 60 points for aerobic, 
20 points for body composition, 10 points for push-ups and 10 
points for sit-ups.  Attachment 2, USAF Fitness Scoring, of the 
AFI reflects males 30-39 must meet minimum value in each of the 
four components, and achieve a composite point total greater 
than 75 points.  Furthermore, in accordance with AFI 36-2905, 
Fitness Program, unit commanders may initiate or recommend 
administrative discharge action on individuals who fail four 
fitness tests within a 24-month period.  


On 16 Jun 10, the applicant participated in the contested FA, 
attaining a composite score of 0.00, resulting in a poor 
assessment.  The applicant was exempt in all components of the 
assessment except the abdominal circumference.  The applicant’s 
waist measured at 44 inches, which exceeded the maximum allowed 
for his age group (30 – 39 years) of 39 inches.

On 23 Sep 10, the applicant participated in the contested FA, 
attaining a composite score of 39.63, resulting in an 
unsatisfactory assessment.  The applicant’s waist measured at 
45 inches, which exceeded the maximum allowed for his age group 
(30 – 39 years) of 39 inches.  

On 17 Dec 10, the applicant participated in the contested FA 
attaining a composite score of 65.50, resulting in an 
unsatisfactory assessment.  The applicant’s waist measured at 
44.5 inches, which exceeded the maximum allowed for his age 
group (30 – 39 years) of 39 inches.   

On 25 Mar 11, applicant participated in the contested FA 
attaining a composite score of 67.88, resulting in an 
unsatisfactory assessment.  The applicant’s waist measured at 
43 inches, which exceeded the maximum allowed for his age group 
(30 – 39 years) of 39 inches. 

On 6 Jun 11, the applicant’s enlisted performance report (EPR), 
rendered for the period 29 May 10 to 28 May 11, was referred to 
him for an unsatisfactory rating in Block 3, Fitness, and 
comments related to his 17 Dec 10 fitness assessment failure 
with a score of 65.50.

According to information extracted from the Military Personnel 
Data System (MilPDS), the applicant was selected for promotion 
to the grade of technical sergeant (E-6) during the 11E6 
promotion cycle; however, his promotion was removed due his 
receipt of the aforementioned referral EPR.

On 3 Jul 12, the applicant participated in the contested FA 
attaining a composite score of 76.56.  While the applicant 
exceeded the overall required score of 75 points, his waist 
measurement of 41 inches exceeded the maximum allowed for his 
age group (30 – 39 years) of 39 inches and resulted in an 
unsatisfactory assessment.

On 7 Sep 12, the applicant’s commander notified him he was 
recommending he be demoted from the grade of staff sergeant (E-
5) to the grade of senior airman (E-4).  The specific reason for 
the action was that on 3 Jul 12 he failed his fourth FA.  The 
applicant acknowledged receipt of the notification, consulted 
military legal counsel, waived his right to a personal hearing, 
but invoked his right to submit a statement in his own behalf.

On 1 Oct 12, the applicant participated in the contested 
assessment attaining a composite score of 74.30, resulting in an 
unsatisfactory assessment.  The applicant completed 36 sit-ups; 
however, the passing minimum score for the sit-up component for 
his age group (30-39 years) is 39.

On 2 Oct 12, the applicant was demoted to the grade of senior 
airman (E-4). 

On 12 Oct 12, the applicant’s EPR, rendered for the period 
29 May 12 to 11 Oct 12, was referred to him for an 
unsatisfactory rating in Block 3, Fitness, and comments related 
to his 3 Jul 12 and 1 Oct 12 fitness failures during the 
reporting period.  

On 11 Dec 12, the applicant was issued an AF Form 422, 
Notification of Air Force Member’s Qualification Status, with a 
3 Feb 13 expiration date, indicating he could participate in the 
following fitness assessment components: 1-mile walk, push-ups, 
height, weight, and waist measurement.  

On 13 Dec 12, the applicant met an administrative discharge 
board.  The basis for the proposed action was applicant’s four 
FA failures within a 24-month period.  The Board determined the 
applicant suffered from a medical condition that precluded him 
from passing the FAs and recommended the applicant be retained 
on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends removal of the FAs dated 17 Dec 10, 
25 Mar 11, 3 Jul 12, and 1 Oct 12, but denial of the removal of 
FAs dated 16 Jun 10 and 23 Sep 10 noting the evidence provided 
does not support these FAs were affected by his medical 
condition.  The applicant participated in six FAs within a 24-
month period, and failed four of the six FAs.  The applicant was 
exempt from performing the push-up and sit-up components for 
fitness testing from 17 Dec 10 through 9 Dec 11.  Three of the 
failed fitness tests were due to him not meeting the minimum 
requirement for waist measurement, and the fourth failure was 
due to him not to meeting minimum repetitions for sit-ups.  On 
13 Dec 12, a Discharge Board was convened to determine the 
retention of the applicant.  The board found the applicant had a 
medical condition that prevented him from achieving a passing 
score for the fitness tests dated 17 Dec 10, 25 Mar 11, 3 Jul 12 
and 1 Oct 12.  Although, the applicant’s medical condition could 
have affected his 16 Jun 10 and 23 Sep 10 fitness tests, DPSIM 
could not determine if the medical condition affected these 
fitness tests based on the evidence provided.

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

________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He concurs with the recommendation to remove four of the 
contested FAs, but believes that for justice to be served, all 
six of the assessments be should be removed.  While the evidence 
identified the last four FAs failures were the result of a 
preexisting medical condition, he has had a multitude of 
symptoms since 2005 and it is possible that this condition 
precluded him from attaining passing scores in the remaining 
assessments.   

The applicant’s complete response is at Exhibit E.

________________________________________________________________

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 warranting 
partial relief.  While the applicant contends he had a medical 
condition that precluded him from successfully completing six of 
his Fitness Assessments (FA), we believe the evidence presented 
is sufficient to determine that only four of these assessments 
should be removed from his records.  In this respect, we note 
that while the applicant was subjected to an administrative 
discharge board that concluded that he suffered from a medical 
condition that precluded him from passing his 17 Dec 10, 
25 Mar 11, 3 Jul 12, and 1 Oct 12 FAs, he has presented no 
evidence in support of his argument that his 16 Jun 10 and 
23 Sep 10 FA scores should be removed.  Nevertheless, after a 
thorough review of the evidence of record and the applicant’s 
complete submission, we agree with the opinion and 
recommendation of the Air Force OPR and adopt their rationale as 
the basis for our conclusion that the applicant’s 17 Dec 10, 
25 Mar 11, 3 Jul 12, and 1 Oct 12 FA scores should be declared 
void and removed from his records.  We note that these FA 
failures caused two enlisted performance reports (EPR) to be 
referred to the applicant, one of which resulted in the removal 
of his selection for promotion to the grade of technical 
sergeant (E-6), which would have incremented on 1 Aug 11.  We 
also note that these four FA failures served as the sole basis 
for his subsequent administrative demotion to the grade of 
senior airman (E-4).  Therefore, in view of the fact that we 
have determined that the four FAs which formed the basis of 
these actions should be removed from his records, we believe it 
appropriate to remove the referral EPRs and correct his records 
to reflect that his promotion selection was not removed, or that 
he was subsequently administratively demoted.  Therefore, after 
a thorough review of the evidence of record, we recommend the 
applicant’s records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that:

	a.  The scores for his 17 December 2010, 25 March 2011, 
3 July 2012, and 1 October 2012 Fitness Assessments be declared 
void and removed from the Air Force Fitness Management System 
(AFFMS).

	b.  The Air Force Form 910, Enlisted Performance Report (AB 
thru TSgt), rendered for the period 29 May 2010 through 
28 May 2011, be declared void and removed from his records.

	c.  On 1 August 2011, he was promoted to the grade of 
technical sergeant (E-6), effective and with a date of rank of 
1 August 2011.

      d.  The Air Force Form 910, Enlisted Performance Report (AB 
thru TSgt), rendered for the period 29 May 2012 through 
11 October 2012, be declared void and removed from his records.
      
      e.  His 2 October 2012 administrative demotion to the grade 
of senior airman (E-4) be declared void and removed from his 
records.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00540 in Executive Session on 10 Dec 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

?

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-00540 was considered:

	 Exhibit A.  DD Form 149, dated 12 Feb 13, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSIM, dated 7 Sep 13, w/atch.
	 Exhibit D.  Letter, SAF/MRBR, dated 13 Sep 13.
	 Exhibit E.  Letter, Applicant, dated 7 Oct 13.




                                   
                                   Panel Chair