RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03220 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessments (FAs) dated 29 Oct 10, 28 Oct 11, and 16 Nov 12 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: He had a pre-existing medical condition that precluded him from obtaining overall satisfactory ratings on the contested FAs. In support of his appeal, the applicant submits two “Medical Condition Determination” letters signed by his medical provider on 15 Oct 12 and 25 Feb 13, indicating he “had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion” of the contested FAs. 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 29 Oct 10, the applicant participated in a FA, attaining an overall composite score of 34.75, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores: Cardio – Exempt, Abdominal Circumference – 43.00”/1.90 points, Push-ups – 31/6.50, Sit-ups – 37/5.50. On 28 Oct 11, the applicant participated in a FA, attaining an overall composite score of 71.33, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores: Cardio – 39/42.30, Abdominal Circumference – 37.50”/15.10 points, Push-ups – 33/6.80, Sit-ups – Exempt. On 16 Nov 12, the applicant participated in a FA, attaining an overall composite score of 68.00, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores: Cardio – 38/39.30, Abdominal Circumference – 37.50”/15.10 points, Push-ups – 33/6.80, Sit-ups – Exempt. On 14 Feb 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), stating “The applicant had a pre-existing injury that was validated by medical, but the AF Form 108 did not indicate what the medical injury was. Also, there was no evidence the commander wanted to invalidate the Fitness Assessment.” Examiner’s Note: The FAAB references an AF Form 108, Physical Fitness Education and Intervention Processing, as documentation of the applicant’s medical condition. However, the initial package (not including the applicants rebuttal) submitted to the BCMR does not include an AF Form 108, instead the applicant provides the two “Medical Condition Determination” letters referenced above in the applicant’s contentions. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to change the contested FA in AFFMS due to the lack of supporting evidence. DPSIM references AFI 36-2905, Fitness Program (dated 1 Jul 10) AFGM 2.1(dated 26 Jun 12) Paragraph 10: "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". The applicant did not provide any medical documentation stating there was a condition present that precluded him from passing the contested FAs. Additionally, he did not provide an invalidation memorandum from his Commander requesting the contested FAs be removed from the AFFMS. Examiners Note: AFPC/DPSIM states the applicant did not take an FA on 20 Oct 11; however, this was a typo in the DD Form 149. The applicant clarifies in his response to the Air Force Evaluation that the FA he is contesting was dated 28 Oct 11. 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 FAAB’s statement, “the AF Form 108 did not indicate what the medical injury was” he explains the lack of detail on the AF Form 108 is due to a lack of guidance and knowledge on the process by him and his chain-of-command. Furthermore, he contends that in his initial submission he provided two different “Medical Condition Determination” letters from his medical provider in the format provided by AFI 36-2905. However, the format of the memorandum does not indicate that the medical provider needs to explain the diagnosis; just that he had a medical condition that precluded him from passing the contested FAs. In further support of his appeal, the applicant provides a letter from his commander requesting the contested FAs be removed from AFFMS, two AF Forms 108 that show medical documentation was not recorded on the AF Form 108s; and a resubmission of the two “Medical Condition Determination” letters that he provided in his original submission. 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 FAs should be declared void. In this respect, we note that in response to the Air Force evaluation, the applicant submits a letter from his commander requesting the contested FAs be removed. In view of this and noting the “Medical Determination Letters” from his medical provider, we find a sufficient basis to recommend favorable consideration of this request. Therefore, based on the foregoing, 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 Assessments, dated 29 Oct 10, 28 Oct 11, and 16 Nov 12 be declared void and removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03220 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Jun 13, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 30 Dec 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 4 Mar 14. Exhibit D. Letter, Applicant, dated 31 Mar 14, w/atchs. Panel Chair