RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04179 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His Fitness Assessments (FAs), dated 29 Mar 11, 6 Sep 11, 20 Jun 12, and 16 Oct 12, be removed from the Air Force Fitness Management System (AFFMS). 2. His administrative demotion to the rank of Airman First Class (A1C) be revoked and his rank of Senior Airman (SrA) be reinstated. APPLICANT CONTENDS THAT: He had a documented medical condition that precluded him from achieving a passing score on all of his failed FAs. He was administratively demoted from the rank of SrA to A1C due to his failure to maintain fitness standards. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 28 Jun 12, the applicant was notified of his commander’s intent to recommend that he be demoted to the rank of A1C under the provisions of AFI 36-2502, Airman Promotion/Demotion Programs. The specific reason for this action was his failure to maintain fitness standards in accordance with (IAW) AFI 36-2905, Fitness Program. The applicant acknowledged receipt of the notification of demotion action. On 10 Jul 12, the applicant submitted written matters in his own behalf. On 14 Aug 12, the 90 Security Forces Group Commander (SFG/CC) reviewed the case file and after consulting with the Staff Judge Advocate (SJA) he directed the applicant be demoted to the rank of A1C. On 14 Aug 12, the applicant acknowledged receipt of the demotion order and his right to appeal. On the same date, he elected not to appeal the demotion decision. The applicant was demoted to the rank of A1C with a DOR and effective date of 14 Aug 12. In a letter dated 25 Oct 12, the applicant’s medical provider determined that he had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FAs conducted on 29 Mar 11, 6 Sep 11, 20 Jun 12, and 16 Oct 12. In a letter dated 17 Jul 14, the applicant’s commander stated that the applicant’s Primary Care Manager (PCM) conducted a medical condition determination for the applicant’s failed FAs and concluded the applicant had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA tests. Based on the guidance and recommendation from the PCM, the commander requests all FA failures between 29 Mar 11 and 16 Oct 12, be invalidated due to the applicant’s medical records history. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of his request to have his FA dated 20 Jun 12, removed from AFFMS indicating the applicant has not provided sufficient evidence to support his claim. Although the applicant provided an AF Form 469, Duty Limiting Condition Report, for his 13 Jul 12 and 19 Nov 12 FAs, he did not provide an AF Form 469 to exempt him from the sit-up component of the 20 Jun 12 FA. Nor did he provide an invalidation memorandum from his unit commander indicating his/her decision to invalidate the FA. The complete DPSIM evaluation, with attachment, is at Exhibit C. AFPC/DPSOE recommends denial of the applicant’s request to remove the demotion action and restore his rank to SrA. The commander acted within his authority to demote the applicant for his failure to maintain fitness standards. IAW AFI 36-2502, Fitness Program, paragraph 6.3.5, airmen may be demoted for failing to maintain or demonstrate the ability and willingness to attain physical standards. The commander reviewed the statements submitted by the applicant and chose to continue the demotion action. The demotion authority agreed with the commander’s recommendation and directed the applicant be demoted to the rank of A1C. The complete DPSOE evaluation is at Exhibit D. ? APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 19 Jul 14 for review and comment within 30 days. As of this date, no response has been received by this office (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 to warrant removing the contested FAs. After a thorough review of the evidence of record and the applicant’s complete submission we believe relief is warranted. In this respect, we note the Air Force offices of primary responsibility recommend denial. However, we find the letter from his commander dated 17 Jul 14 , stating the applicant had a documented medical condition that precluded him from achieving a passing score on the FA test sufficient to recommend removing the contested FAs. Regarding the applicant’s request to revoke his administrative demotion to the rank of A1C and to reinstate his rank of SrA, given the demotion was based on the contested FA, the underlying basis for the demotion no longer exists. Accordingly, 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. His Fitness Assessments, dated 29 Mar 11, 6 Sep 11, 20 Jun 12, and 16 Oct 12, be declared void and removed from the Air Force Fitness Management System. b. His 14 Aug 12, administrative demotion be set aside and that all associated rights and privileges be restored. The following members of the Board considered AFBCMR Docket Number BC-2013-04179 in Executive Session on 18 Sep 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 was considered: Exhibit A. DD Form 149, dated 2 Sep 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPSIM, dated 27 May 14, w/atch. Exhibit D. Letter, AFPC/DPSOE, dated 13 Jun 14. Exhibit E. Letter, SAF/MRBR, dated 19 Jul 14. 1 2