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. 1 2