RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02382 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 28 Jun 11, be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: Prior to a Permanent Change of Station (PCS), he was current on his FA. To remain current he participated in the contested FA shortly after relocating; however, he was unaware of the 42 day acclimation period and failed due to not being accustomed to the high humidity and heat of his new duty station. He had previously lived in a desert climate for 6 years and the change significantly decreased his run time, precluding him from achieving a passing score on the contested FA. In support of his appeal, the applicant references AFI 36-2905, AFGCM 5, dated 3 January 2013, Para 4.2.4. “PCS Moves. Exemptions are not granted for members in outbound status. Members pending PCS must have a current FA score on file that will not expire prior to the Report-No- Later-Than-Date (RNLTD) at the next duty location. If the score expires prior to the RNLTD at the next duty location, member must be scheduled for a FA before their departure. A member in inbound status is given 42 days from his/her Date Arrive Station (DAS) date to acclimatize before assessment. Examiner’s Note: The applicable AFI according to the date of the test is AFI 36-2905, AFGCM, 2.1, implemented on 1 January 2011. However the reference the applicant cites is the same. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Master Sergeant (E-7). An AF Form 899, Request and Authorization for Permanent Change of Station, dated 28 Mar 11, assigned the applicant Permanent Change of Station, with Permanent Change of Assignment from Davis-Monthan AZ to Robins AFB, GA with a Report not Later Than Date (RNLTD) of 30 May 11. On 28 June 11, the applicant participated in a FA, attaining an overall composite score of 69.30, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores: Cardio – 14:15/35.80, Abdominal Circumference – 34.00”/20.00 points, Push-ups – 34/7.00 points, Sit-ups – 40/6.50 points. A list of the applicant’s last eight FA results is as follows: Date Composite Score Cardio Rating 10 Jul 2013 100.00 Exempt Excellent 29 Jan 2013 89.50 Exempt Satisfactory 11 Jul 2012 87.75 Exempt Satisfactory 11 Aug 2011 75.30 14:00/39.30 Satisfactory *28 Jun 2011 69.30 14:15/35.80 Unsatisfactory 9 Dec 2010 90.50 44/52.40 Excellent 10 Mar 2010 84.00 13:40/34.00 Good 23 Mar 2009 84.00 13:47/34.00 Good *Contested FA Examiner’s Note: While the applicant received an “Excellent” rating on his 9 Dec 10 FA, he was exempt from one or more of the components. Therefore, he was required to test NLT the last day of the month, six calendar months from the previous passing test (30 Jun 2011). IAW AFI 36-2905, AFGCM Para 2.1. “Airmen who score an Excellent but were medically exempt from testing in one or more of the four components will continue to test twice a year.” Para 2.11. Scheduling. “RegAF, AFR, and ANG (Title 10) members are mandated to complete an official FA at a minimum of twice yearly. Members must test by the last day of the month, six calendar months following the previous passing test (e.g., if member tested on 15 April, then member must retest on/before 31 October of the same year.” With a RNLTD date of 30 May 11, the applicant was not required to test prior to his scheduled FA and was allowed 42 days after the RNLTD date to test, but was not required to do so. On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of “Lack of knowledge of AFI 36-2905 does not support claim.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA in AFFMS due to the applicant’s irresponsibility of not knowing the standards set forth IAW AFI 36-2905, Fitness Program, AFGM2.1 1 July 2011. “It is every Airman's responsibility to maintain the standards set forth in this AFI 365 days a year.” Paragraph 6. "Airmen are responsible for maintaining currency standards. Specifically, each Airman is affirmatively responsible as follows: 6a. Know the block of time within which his or her Fitness Assessment (FA) is required to remain current. 6b. If a FA has not been scheduled in the period required to remain current, notify the designated FAC representative, UFPM, or superior authority, in writing (includes e-mail) of the need to schedule the FA and requests that it be scheduled immediately (or accomplishment within the required window. It is ultimately the member's responsibility to ensure their FA is scheduled.” Para 4.2.4. “PCS Moves: Exemptions are not granted for members in outbound status. Members pending PCS must have a current FA score on file that will not expire prior to the Report-No- Later-Than Date (RNLTD) at the next duty location. If the score expires prior to the RNLTD at the next duty location, member must be scheduled for a FA before their departure. A member in inbound status is given 42 days from his/her Date Arrive Station (DAS) date to acclimatize before assessment." DPSIM states the applicant took his FA on 28 June 2011 to remain current on his FA, but should have taken the FA before his PCS. According to the applicant he was unaware of the required 42 day acclimation period before he took his FA on 28 June 2011. However, according to the AFI it is the applicant’s responsibility to know the standards of the Fitness program. Furthermore, the acclimation period is not a requirement to take the FA; it states it is given to the member to acclimatize before the assessment. The applicant failed to invoke the 42 day acclimation period by taking the contested FA. If he did not take the FA, then he would not have been current IAW the AFI. DPSIM concludes that the contested FA is a legitimate unsatisfactory score, in accordance with AFI 36-2905, Para 2.12. which states, "Failing to remain current, as well as failing to attain a passing score on the applicable fitness test before the end of any performance report reporting period, will result in a "DOES NOT MEET STANDARDS." A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 10 Jan 14 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he has met his burden of establishing the contested FA should be declared void. The FAAB disapproved the request, stating the applicant’s lack of knowledge of AFI 36-2905 does not support the claim and AFPC/DPSIM recommends denial indicating that per the governing AFI it is the applicant’s responsibility to know the standards of the Fitness Program. While we agree the applicant should have a better understanding of the instructions concerning the fitness program, the fact is that he did not have enough time to acclimate to the environment of his new duty station. Therefore we believe his ability to successfully pass the contested FA, was through no fault of his own. Given that this is the only FA the applicant has received an unsatisfactory score and the time period afforded to acclimate to the particular environment of his new duty station, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 28 Jun 11, be declared void and removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02382 in Executive Session on 30 Apr 14, 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-2013-02382 was considered: Exhibit A. DD Form 149, dated 29 Apr 13. Exhibit B. Memorandum, AFPC/DPSIM, dated 18 Oct 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 10 Jan 14. Panel Chair 1