RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03983 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: The 27 Jun 13 and 1 Oct 13 Fitness Assessments (FAs) be changed to a “pass” status, or removed from the Air Force Fitness Management System (AFFMS). APPLICANT CONTENDS THAT: Both of the contested FA failures resulting from exceeding the maximum abdominal circumference (AC) were incorrect/unjust. During the two contested FAs he was on a medical profile exempting him from all components of the FA except the AC component. AFI 36-2905, Fitness Program, dated 1 Jul 10, in effect at the time of the contested FAs required airmen testing on just the AC component to meet a more strict standard of a 37.5 inch maximum waist measurement, than the 39 inch maximum waist measurement standard for those airmen completing two or more components of the FA. The Air Force recognized this AC only more strict waist measurement standard was unjust and they revised AFI 36-2905, effective 21 Oct 13, changing the AC component only waist measurement to a maximum of 39 inches, the same requirement for all FAs. He would have passed both FAs under this new guidance. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant currently serves in the Regular Air Force in the grade of master sergeant (E-7). On 23 May 12, the applicant was issued an AF Form 422, Notification of Air Force Member’s Qualification Status, exempting him from all components of the FA except AC until 27 Feb 13. On 12 Dec 12, the applicant received a satisfactory FA composite score of 75.50 (satisfactory composite score: ? 75.00), with an AC measurement of 37.5 inches. On 5 Mar 13, the applicant was issued an AF Form 469, Duty Limiting Condition Report, exempting him from all components of the FA except AC, expiring 5 Mar 14. On 27 Jun 13, the applicant received a unsatisfactory FA composite score of 63.00, with an AC measurement of 39.00 inches (max AC measurement being 37.50 inches in accordance with AFI 36-2905, dated 1 Jul 10). On 1 Oct 13, the applicant received an unsatisfactory FA composite score of 63.00, with an AC measurement of 39.00 inches. On 10 Dec 13, the applicant received a satisfactory FA score of 75.50, with an AC measurement of 37.50 inches. On 20 Feb 14, according to documentation presented by the applicant, he requested his wing commander grant appellate relief of his two failing FAs. Subsequently, after receiving a full legal review of the applicant’s case by the wing judge advocate, the wing commander denied the appeal. On 13 Aug 14, according to documentation presented by the applicant, AFPC/DPSIM disapproved his appeal of his wing commander’s earlier decision regarding his contested FA failures. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice to justify invalidating the contested FAs. When physical limitations preclude a member from participating in fitness activities for greater than 30 days and/or accomplishing the FA, the member will follow local policy to obtain an exercise prescription and determination of FA exemption from the Exercise Physiologist/Fitness Program Manager (EP/FPM). Unless the member is given a composite exemption, the member will continue to prepare for and be assessed on non—exempt components of the FA. During the time period of the contested FAs, the applicant’s primary care provider placed him on profiles exempting him from all components of the FA except the AC component. Additionally, the applicant’s request for a composite exemption was denied by the Deployment Availability Working Group (DAWG), in accordance with AFI 36-2905. The applicant failed the contested FAs for exceeding the maximum AC under AFI 36-2905, dated 1 July 10, in effect at that time period. Subsequent appeals to his wing commander and the Fitness Assessment Appeals Board (FAAB) citing that the contested FAs should be invalidated and converted to “PASS” status due to the Air Force recognizing the previous AC standard was incorrect, were disapproved, concluding that the applicant did not maintain FA standards according to the AFI requirement at the time of the FAs. AFPC/DPSIM did note that the AFI 36-2905, dated/effective 21 Oct 13, revised the criteria for a satisfactory AC measurement for all FAs to ? 39 inches. The applicant’s request is based on the revised guidance for the AC measurement is not applicable since he tested prior to the publication of the new fitness AFI. A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Feb 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 warrant granting the applicant’s requested relief regarding his 27 Jun 13 FA. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSIM and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an injustice with respect to his request for the 27 Jun 13 Fitness Assessment (FA) to be changed to a “pass” status, or be removed from the Air Force Fitness Management System (AFFMS). Therefore, in the absence of evidence to the contrary, we find no basis to grant that relief sought in this application. 4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s failed 1 Oct 13 FA. In this respect we note the 20 Aug 13 CSAF email on Fitness stating that effective 1 Oct 13, AFI 36-2905 revised criteria for a satisfactory AC measurement for all FAs will be ? 39 inches. Additionally, we noted that the applicant was due to take his FA test no later than 15 Sep 13, however according to documentation provided by the applicant, his supervisory chain of command advised him to delay his FA until 1 Oct 13, when the new criteria would be in effect. Unfortunately, the revised AFI 36-2905 with the revised AC measurement criteria release was delayed until 21 Oct 15, due to publishing delays and the government furlough. The erroneous information from Air Force leadership regarding the release date of the revised AFI 36-2905, created an expectation by the applicant that he would pass the AC component with his 39 inch AC measurement under the new AC measurement criteria of the revised instruction. We believe the unique circumstances at play in this case caused this applicant to be the victim of an injustice regarding the failed 1 Oct 13 FA. Therefore, we recommend the applicant’s records be corrected as indicated below. 5.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 1 October 2013 Fitness Assessment was removed from the Air Force Fitness Management System (AFFMS). The following members of the Board considered AFBCMR Docket Number BC-2014-03983 in Executive Session on 16 Jun 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03983 was considered: Exhibit A.  DD Form 149, dated 25 Sep 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIM, dated 6 Nov 14. Exhibit D.  Letter, SAF/MRBR, dated 23 Feb 15.