RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03003 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His 30 Apr 12 Fitness Assessment (FA) be removed from the AirForce Fitness Management System (AFFMS). APPLICANT CONTENDS THAT: He was injured during a unit PT session two days prior to hisscheduled FA. His injury resulted in him being placed on aprofile and his FA consisted only of a measurement of hisabdominal circumference (AC). Had he not been on a profile, hewould have passed his FA. In support of his request, the applicant provides copies ofdocuments extracted from his military personnel records andmedical records. The applicant's complete submission, with attachments, is atExhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force inthe grade of staff sergeant (E-5). On 30 Apr 12, the applicant participated in the contested FA, attaining a composite score of 67.50, which constituted anunsatisfactory assessment. The remaining relevant facts pertaining to this application arecontained in the letter prepared by the appropriate office ofthe Air Force, which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial, noting that Air Force Instruction(AFI) 36-2905, Fitness Program, states RegAF, AFR, and ANG (Title 10) Airmen who test in all four components and score anExcellent (90 or above) are only required to test once a year. Airmen who score Satisfactory or Unsatisfactory will continue totest twice a year. Airmen are responsible for maintainingcurrency standards. To remain current, Airmen must be assessedby the last day of the month, six calendar months following theprevious passing test. The applicant could have tested any timeprior to 30 Apr 12 but chose to wait to until the very last dayof the month to test. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He reiterates that his waist measurement only FA was unfairgiven his circumstances. While he does not deny that his testresulte was “unsatisfactory,” he believes the circumstances thatled to his FA failure caused it to be an injustice. His FA test was originally scheduled for 20 Apr 12 but on 18 Apr 12, he wasinjured during a unit PT session. After visiting with his PCM, he was placed on a profile that exempted him from all componentsof the FA with the exception of the waist measurement. Had he not been exempt from the other components of the assessment, hewould have passed it. In a subsequent submission, the applicantcites a previsous AFBCMR case where relief was granted undersimilar circumstances. In this case, the member had five FAfailures removed and his records corrected to reflect the member’s profile exempted him from all components of the FA. In support of his response, the applicant provides two supportingstatements, with attachments. The applicant’s complete responses, with attachments, are atExhibits E and F. 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. The applicant contends that were it not for his injury just prior to his scheduled fitness assessment (FA), he would not have been precluded from participating in all four components of the FA and would have passed the contested FA. However, after a thorough review of the evidence of record and the applicant’s complete submission, including his responses to the Air Force evaluation, 2 we are not convinced that he is the victim of an error or injustice. While the applicant argues that his injury precluded him from attaining a passing score on the contest FA, he has provided no evidence to indicate that he should have been exempt from all four components of the test, or that the contested FA, where he was assessed based only on his waist measurement, was erroneously administered. We also note the applicant’s argument that he is similarly situated to another applicant before the AFBCMR who was successful in his appeal to have his fitness scores removed from his records, essentially asserting that similar consideration should be applied to his case and the requested relief granted. We do not agree. In this respect, we note that each case before this Board is considered on its own merits, and precedent does not bind us. While we do strive for consistency in the manner in which evidence is evaluated and analyzed, we are not bound to recommend relief in one circumstance simply because the situation being reviewed appears similar to another case. In the case cited by the applicant, the Board was convinced by the evidence presented that the applicant in question should not have been allowed to participte in several FAs as he should have been precluded from doing so. However, in the instant case, we do not find the evidence sufficient to undermine the determination of his medical providers or convince us that his FA was erroneously administered based on said profile. 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-2012-03003 in Executive Session on 29 Jan 13 and 12 Feb 13, under the provisions of AFI 36-2603: Panel Chair Member Member 3 The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03003 was considered: Exhibit A. DD Form 149, dated 3 Jul 12, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 20 Jul 12. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 12. Exhibit E. Letter, Applicant, dated 14 Aug 12, w/atchs. Exhibit F. Letter, Applicant, dated 29 Jan 13, w/atchs.