RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01625 XXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 11 Mar 2013 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: He has an approved AF Form 108, Physical Fitness Education and Intervention Processing Form, reflecting he had a medical condition that precluded him obtaining an overall satisfactory rating on the contested FA. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Staff Sergeant (E-5). On 11 Mar 13, the applicant participated in the contested FA and obtained a composite score of 74.30. According to the applicable regulation in regards to the date of the test, AFI 36-2905, members with a composite score <75 are considered “Unsatisfactory.” The applicant’s last five FA results are as follows: Date Composite Score Rating 7 Jun 2013 94.90 Excellent *11 Mar 13 74.30 Unsatisfactory 10 Dec 12 74.00 Unsatisfactory 28 Jun 12 85.90 Satisfactory 15 Dec 11 87.50 Satisfactory *Annotates Contested FA On 13 Mar 13, an AF FM 108 was signed by the applicants medical provider. The provider indicates that the member “has a medical condition precluding the achievement of a passing fitness score.” The provider also wrote “Commander notified 13 Mar 13. Profile started.” On 15 Mar 13, the same AF FM 108 was signed by the applicants unit commander, but no comments were made by the commander. IAW AFI 36-2905; para 9.4.1. “Unit CC or equivalent will use the AF Form 108 as a tool to document mandatory education and intervention requirements.” Para 9.4.5. “Members with Unsatisfactory scores may be scheduled for a medical evaluation to determine if there are possible medical indicators that prohibit program success;” Atch 1, Para 10a, “If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results;” Para 2.12.3., “If a member is unable to complete any required portion of the AF Fitness Program (e.g., FA, FIP session, intervention classes), the member must receive written waiver/approval (Table 4.3.) from the Unit CC.” On 24 Nov 2013, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to “Insufficient evidence to support contention.” On 10 Jan 2014, a Memorandum FL-1 was sent to the applicant on informing the applicant he had 30 days to provide additional evidence in support of his request to the AFBCMR. On 16 Jan 2014, the applicant submitted an updated copy of the AF Form 108 signed by his commander requesting that the applicant’s FA on 11 Mar 2013 be invalidated. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to correct FA dated 11 Mar 13, due to the lack of supporting evidence. DPSIM sites AFI 36-2905, Para 10b "If the medical evaluation validates the illness/injury and provides supporting medical documentation, the Unit Commander may invalidate the FA results by notifying the FAC in writing." They further explain that the evidence provided by the applicant indicates he was in fact seen by a medical provider on 13 March 2013 and has attached an AF Form 108; however, the Unit Commander as required in AFI did not invalidate his FA results. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to the Air Force evaluation, the applicant submitted an updated copy of the AF Form 108, signed by his commander, requesting that the applicant’s FA on 11 Mar 2013 be invalidated. A complete copy of the applicant’s response is at Exhibit D. ________________________________________________________________ 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. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he has met his burden of establishing the contested FA should be declared void. The FAAB disapproved the request, stating there was insufficient evidence to support the contention and AFPC/DPSIM recommended denial based on a lack of conclusive evidence, specifically the AF Form 108, signed by the unit commander; however, in response to the Air Force evaluation, the applicant submitted an updated copy of his AF Form 108 signed by his commander. Although the AF Form 108 is used as a training tool, we recognize that his medical provider indicated that a medical condition precluded him from achieving a passing FA score and a statement from his commander requesting that the FA be invalidated. Given the applicant provided the updated documentation and the vast improvement he has made, garnering a composite score of more than 20 additional points in his subsequent and most recent FA, we find a totality of the evidence supports favorable consideration of this request. Therefore, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ 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 Fitness Assessment (FA), dated 11 Mar 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01625 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603: XXXXX, Chair XXXXX, Vice Chair XXXXX, Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01625 was considered: Exhibit A.  DD Form 149, dated 29 Mar 13, w/atchs. Exhibit B.  Letter, AFPC/DPSIM, dated 26 Sep 13 w/atchs. Exhibit C.  Letter, SAF/MRBR, dated 10 Jan 14. Exhibit D.  E-mail, Applicant, dated 16 Jan 14 w/atch. XXXXXX Chair