RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03856 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 28 Feb 11 Fitness Assessment (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: He chose to meet his deployment commitment rather than cancel it to retest for the failed FA. During the cardio portion of the test he sprained his ankle, but continued the test and failed. He immediately went to the clinic and was put on crutches until he deployed on 14 Mar 11. After seeing the doctor he called his First Sergeant and asked what he needed to do to ensure he didn’t miss the scheduled deployment. He was told he needed a valid FA in order to deploy whether it was a pass or fail, if he was put on a physical profile (DD Form 422, Physical Profile Serial Report) he would not be able to deploy, and that his failed FA “would be taken care of,” so he chose to deploy rather than cancel his deployment commitment to retake the FA. Upon returning from his deployment, his new First Sergeant told him the failed FA had not been taken care of, and he received a Letter of Reprimand (LOR) with Unfavorable Information File (UIF) from his commander. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force in the grade of Staff Sergeant (E-5) during the matter under review. The applicant was rendered a referral Enlisted Performance Report (EPR) for the period 15 Sep 11 through 15 Aug 12 on which he was assessed as “Does Not Meet” standards in the areas of “Standards, Conduct, Character and Military Bearing” and “Fitness.” The applicant’s last six FA results: Date Composite Score Rating 29 Jun 12 71.30 Unsatisfactory 15 Dec 11 92.50 Excellent* 14 Mar 11 Exempt Exempt 28 Feb 11 71.60 Unsatisfactory 9 Sep 10 75.90 Unsatisfactory 5 Aug 10 57.70 Unsatisfactory * Exempt from cardio portion of test The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the FA score in question. AFI 36-2905, Fitness Program, AF Guidance Memorandum 10, states “If an Airman becomes injured or ill during the FA and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but his/her test will still count unless rendered invalid by the Unit Commander. If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results. The Airman will then be required to retest within five days or when capable based on the recommendations of the medical provider and the Exercise Physiologist (EP). If an AF Form 422 is required an additional seven days will be allowed for the form to be generated and provided.” The applicant refused to be placed on an AF Form 422 and accepted the FA failure instead of following the guidance. A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Oct 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. 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 AFPC/DPSIM and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board notes the medical documentation indicating the applicant sprained his ankle during the cardio portion of the FA in question, the applicant did not submit any verification from a medical provider indicating his medical condition was the cause of his FA failure, or from his commander requesting the results from FA in question be removed from his record. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03856 in Executive Session on 11 Apr 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03856 was considered: Exhibit A. DD Form 149, dated 17 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 19 Sep 12, w/atch. Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12.