AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 

XXXXXXXXXXXXXX 

HEARING DESIRED:  NO 

DOCKET NUMBER:  BC-2012-01532 
 
COUNSEL:  NONE 

 
 
IN THE MATTER OF: 
   
 
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her  13  Dec  11  and  21  Feb  12  Fitness  Assessment  (FA)  scores  be 
declared  void  and  removed  from  the  Air  Force  Fitness  Management 
System (AFFMS).  
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
She  should  have  been  exempt  from  both  FAs  because  she  was 
pregnant. 
 
She was informed she was pregnant on 22 Feb 12 with an estimated 
conception  date  of  17  Dec  11.   Since  the  conception  date  is  an 
estimate,  she  could  have  been  pregnant  at  the  time  of  the  first 
FA  on  13  Dec  11.    She  was  approximately  9  weeks  and  3  days 
pregnant at the time of the second FA.   
 
In  support  of  her  request,  she  provides  a  personal  statement, 
dated  15  Mar  12,  a  medical  form  letter,  dated  17  Feb  12,  her  AF 
Form  469,  Duty  Limiting  Condition  Report,  dated  21  Feb  12,  and 
her Report of Individual Fitness, dated 2 May 12. 
 
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).   
 
On  13  Dec  11,  the  applicant  failed  the  first  contested  FA, 
attaining 
an 
“unsatisfactory” rating. 
 
On  21  Feb  12,  she  failed  the  second  contested  FA,  attaining  a 
score of 77.20, which constitutes an “unsatisfactory” rating. 
 
On  21  Feb  12,  she  was  issued  an  AF  Form  469,  Duty  Limiting 
Condition  Report  which  identified  the  applicant  had  a  duty 
limiting  condition  (DLC)  with  a  release  date  of  4  Nov  12.    It 

of 

76.40, 

a 

score 

which 

constitutes 

 

 

Member’s 

Status, 

Qualification 

included  a  temporary  deferment  from  FAs  for  4.5  months  after 
expiration of the profile. 
 
On  2  May  12,  AFPC/DPSIM  sent  the  applicant  a  letter  requesting 
supporting  documentation.    Specifically,  she  was  asked  for  a 
copy  of  her  AF  Form  108,  Physical  Fitness  Education  and 
Intervention  Processing,  and  AF  Form  422,  Notification  of  Air 
Force 
documenting 
exemptions/limitations and estimated delivery date.  
 
The  remaining  relevant  facts  pertaining  to  this  application  are 
contained  in  the  letter  prepared  by  the  appropriate  office  of 
the Air Force, which is attached at Exhibit C. 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ  AFPC/DPSIM  recommends  disapproval,  indicating  the  applicant 
did  not  provide  the  additional  documentation  requested  on  2 May 
12.  
 
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. 
______________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant on 7 Aug 12 for review and comment within 30 days.  As 
of  this  date,  no  response  has  been  received  by  this  office 
(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  an  error  or  injustice  warranting 
removal  of  the  13  Dec  11  FA  score.    The  applicant  contends  that 
she  could  have  been  pregnant  on  that  date,  since  the  17  Dec  11 
conception  date  established  by  the  Women’s  Health  Clinic  was 
only  an  estimate.    However,  she  has  not  provided  any  official 
documentation  establishing  that  she  had  a  DLC  on  13  Dec  11  and 
we  are  not  convinced  that  she  was  physically  unable  to  complete 
the  FA  on  that  date.    In  view  of  the  foregoing,  and  absence  of 
evidence  to  the  contrary,  we  conclude  that  no  basis  exists  to 
grant this portion of her request. 
 
4.  Notwithstanding  the  above,  sufficient  relevant  evidence  has 
been  presented  to  demonstrate  the  existence  of  an  error  or 

2 

 

 

injustice  to  warrant  removing  the  21  Feb  12  FA  from  the 
applicant’s records.  After a thorough review of the evidence of 
record  and  the  applicant’s  complete  submission,  we  believe  a 
preponderance  of  the  evidence  supports  corrective  action.    We 
note AFPC/DPSIM  recommends disapproval  because the applicant has 
failed  to  provide  requested  documentation  in  further  support  of 
her  appeal;  However,  we  note  that  in  her  original  application, 
the  applicant  provided  an  AF  Form  469,  Duty  Limiting  Condition 
Report,  dated  23  Feb  12,  temporarily  deferring  her  from  the  AF 
Fitness  Assessments  and  a  letter  from  the  clinic,  dated  17  Feb 
12,  approximating  her  gestation  period  at  8  weeks  and  6  days.  
In  view  of  this  documentation,  we  find  the  evidence  sufficient 
to  conclude  that  she  should  have  been  exempt  from  participating 
in  the  FA  on  21  Feb  12.    Therefore,  we  recommend  her  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 her FA 
dated 21 Feb 12 be declared void and removed from the AFFMS. 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-0532  in  Executive  Session  on  9  Jan  13,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
All  members  voted  to  correct  the  records  as  recommended.    The 
following  documentary  evidence  pertaining  to  the  case  was 
considered: 
 
   Exhibit A.  DD Form 149, dated 15 Mar 12, w/atchs. 
   Exhibit B.  Applicant's Master Personnel Records. 
   Exhibit C.  Letter, AFPC/DPSIM, dated 28 Jun 12, w/atch. 
   Exhibit D.  Letter, SAF/MRBR, dated 7 Aug 12, w/atch. 
   
 
 
 
                                   XXXXXXXXXXXXXX 
                                   Panel Chair 
 
 
 
 

 XXXXXXXXXXXXXX, Panel Chair 
 XXXXXXXXXXXXXX, Member 
 XXXXXXXXXXXXXX, Member 

3