RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04864 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her 15 Apr 12 Fitness Assessment (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: She was unjustly given an unsatisfactory FA score for being a “No Show” at the 15 Apr 12 testing, even though she had a medical condition which should have prevented her from taking the abdominal circumference (AC) portion. She exercised due diligence to obtain a documented medical prognosis for her medical condition. Since 15 Apr 12, she twice attempted to accomplish her annual FA. On 30 Apr 12, FA testing was cancelled due to sustained high winds. On 6 May 12, she passed with a score of 82.6 percent. She kept her group commander informed; however, she has not been supported by the group commander since 19 Apr 12. She filed an Equal Opportunity (EO) formal complaint on 13 Sep 12, claiming unfair, preferential treatment/non-sexual harassment. 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 lieutenant colonel (Lt Col/0-5) during the matter under review. On 15 Apr 12, the applicant had her AC measured as the first step of her FA, but failed to complete the remainder of the FA. On 23 Apr 12, her primary care physician diagnosed her as having a large ovarian cyst and premenstrual disorder, and noted that she should be exempt from the AC portion of the FA. On 24 Apr 12, the applicant received an AF Form 422, Notification of Air Force Member’s Qualification Status, restricting her from taking the body composition portion of the FA. On 19 Jun 12, the applicant received a Letter of Counseling from her Deputy Group Commander for receiving an unsatisfactory FA score on 15 Apr 12 and for “fitness testing integrity issues.” The applicant’s last five FA results: Date Composite Score Rating 6 May 12 82.63 Satisfactory* 15 Apr 12 9.60 Unsatisfactory 5 Apr 11 79.80 Satisfactory 11 Mar 10 90.50 Excellent 22 Oct 09 81.00 Good * Exempt from the Abdominal Circumference portion of test The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are included at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the FA score in question. On the date of the FA, the applicant’s abdominal circumference was measured at 37 inches, which was 1.5 inches over the maximum allowed for Airmen in her age and gender group. The applicant did not complete the cardio, push-up, or sit-up components on that day. Nothing in the evidence provided by the member indicates why she did not complete the FA on the date scheduled. The applicant did not mention the pre-existing condition in her Fitness Screening Questionnaire (FSQ), dated 19 Mar 12, and there is no evidence to show she mentioned her medical condition to her Fitness Assessment Cell (FAC) prior to the FA. On 17 and 18 April 12, the applicant was seen by her Primary Care Provider for OB-GYN concerns and was diagnosed with premenstrual disorder and provided a clinical summary excusing her from the abdominal circumference component of the FA. On 24 Apr 12, the applicant was provided an AF Form 422, Notification of Air Force Member’s Qualification Status, which indicated she was not cleared to take the body composition portion of the FA. 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.” While the evidence does show the applicant had a medical condition that may have precluded her from passing the FA, the AFI gives the authority to the commander to validate or invalidate the FA. The applicant’s commander did not invalidate her FA. Therefore, the FA was completed in accordance with the governing regulation. This office cannot comment on the equal opportunity claim. A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C. AFPC/JA recommends denial, indicating there is no error or injustice. The applicant filed an EO Complaint on 13 Sep 12; however, she does not indicate how she may have been harassed or discriminated against, nor does she provide evidence of any result(s) of that complaint. As with any AFBCMR applicant, the burden of proving an error or injustice lies with the applicant. The applicant has not submitted evidence that establishes she experienced any “unfair harassment” that caused an error in her FA records. A complete copy of the AFPC/JA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant’s counsel on 24 Jun 12 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. 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board notes the applicant filed an Equal Opportunity complaint for harassment, she provided no documentation to indicate that her assertion of harassment was validated by competent authority. In addition, the Board notes that on 19 Jun 12, the applicant’s leadership issued her a Letter of Counseling (LOC) for “fitness testing integrity issues.” 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-2012-04864 in Executive Session on 18 Jul 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 26 Dec 12. Exhibit D. Letter, AFPC/JA, dated 11 Jan 13. Exhibit E. Letter, SAF/MRBR, dated 24 Jun 13.