RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01855

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her military records be corrected to revoke the demotion for failing her Physical Training (PT) test on 1 Feb 14.

APPLICANT CONTENDS THAT:

She achieved a passing score on her 1 Feb 14 PT test and it was documented incorrectly as an unsatisfactory score.  She was four weeks post-ankle surgery and only had to test on the abdominal circumference (AC).  Per Air Force Instruction (AFI) 36-2905, Fitness Program, the minimum component measurement she was required to meet was 35.5 inches.  Her AC measured 35.0 inches resulting in a passing score.  Additionally, her test on 1 Feb 14 was 91 days after her previous PT test, short of the required 180 days for retest.

Finally, she was not provided information regarding her right to an Area Defense Counsel, nor did she receive written notice that she was being demoted.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 8 Jan 05, the applicant initially entered the Air National Guard.

On 18 Mar 14, the applicant was administratively demoted to the grade of Senior Airman (E-4), with a date of rank of 18 Mar 14, under Special Order AK-045.

On 15 Jul 15, the applicant was furnished an Honorable discharge and credited with 10 years, 6 months, and 8 days total service for pay.

On 1 Oct 15, the applicant entered the Air Force Reserve.

The applicant is currently serving in the Air Force Reserve.

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:

NGB/A1PS recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

Following PT test failures on 13 Nov 12 and 3 Nov 13, the applicant received a copy of the 137th Logistics Readiness Squadron Commander’s memorandum to the Fitness Review Board.  The applicant’s commander recommended she pass a fitness assessment by the Feb 14 Unit Training Assembly, or be demoted and separated in Jul 14.

The applicant retested 90 days following her prior unsatisfactory fitness assessment (FA).  She was exempt from push-ups, sit-ups, and the 1.5 mile run.  Her abdominal circumference (AC) of 35 inches met the minimum value for AC only testing; however, the test administrator marked “unsatisfactory.”  The applicant was demoted under Special Order AK-045, 18 Mar 14.

In accordance with AFI 36-2905, paragraph 3.6.3.7., “If an Airman tests on the AC only, he/she is required to meet the minimum component measurement (39.0 for males and 35.5 for females) to pass the FA.”  Additionally, paragraph 3.11.1.3. states, “NGB Title 32 must retest within 180 days following an Unsatisfactory FA.  Unit Commanders may not mandate NGB Title 32 Airmen retest any sooner than the end of the 180-day reconditioning period; however, Airmen may voluntarily retest.  Non-currency for NGB Title 32 begins on the 181st day. (T-1).  NOTE:  Retesting in the first 42 days (90 days for ANG Title 32) after an Unsatisfactory FA is not recommended; recognized medical guidance recommends a minimum of 42 days as the timeframe to recondition from Unsatisfactory to Satisfactory status in a manner that reduces risk of injury.”

The applicant was not given the allotted time of 180 days for retesting after the fitness assessment on 3 Nov 13.  The commander did not have the authority to mandate the member retest any sooner than the end of the 180 day reconditioning period; therefore, the fitness assessment conducted on 1 Feb 14 should be expunged and the demotion action would not have occurred.

A complete copy of the NGB/A1PS 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 6 Mar 17 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.  Sufficient 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 and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant’s record 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 remove her 1 February 2014 fitness assessment, void the involuntary demotion to Senior Airman, reflect the rank of Staff Sergeant, reverse any service dates impacted by the erroneous demotion action, and restore any lost benefits, pay/allowances, and entitlements.

The following members of the Board considered AFBCMR Docket Number BC-2016-01855 in Executive Session on 12 Sep 17 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-2016-01855 was considered:

	Exhibit A.  DD Form 149, dated 2 Aug 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PS, dated 11 Jan 17.
	Exhibit D.  Letter, AFBCMR, dated 6 Mar 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01855, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.