RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03721 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Fitness Assessments (FA) dated 7 May 12 and 8 Aug 12 be removed from his records. ________________________________________________________________ APPLICANT CONTENDS THAT: His medical condition unfairly precluded him from attaining a passing score on the contested FAs. After being on a profile that precluded him from running, push-ups, and sit-ups for 390 days, he was required to take the contested FA within 60 days of the profile expiration. He sustained a left elbow injury in February of 2011 and, as result, required two surgeries. He developed significant heterotopic ossification and had additional surgery with radiation in September of 2011. He was advised by his orthopedic surgeon not run due to jarring motions that could result in additional additional surgery and loss of movement in his left arm. From 11 Feb 11 to 9 Mar 12, he was on profile that included no running, push-ups, and sit-ups. Prior to the contested FA failures, the applicant had no history of FA failures. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force during the matter under review. On 11 Feb 11, an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued to the applicant, which resulted in him being exempt from running, walking, sit-ups, and push-ups. This AF Form 422 continued to be extended with exercises noted that the applicant could and could not perform. On 7 May 12, the applicant participated in the contested FA and failed to attain the minimum score in the cardio component. As a result, he was credited with 9.40 points for the cardio component and attained an overall composite score of 41.33, resulting in an unsatisfactory rating. On 8 Aug 12, the applicant participated in the contested FA and failed to attain the minimum score in the cardio component. As a result, he was credited with 29.90 points for the cardio component and attained an overall composite score of 67.40, resulting in an unsatisfactory rating. On 14 Feb 14, the Fitness Assessment Appeals Board (FAAB) disapproved the applicant’s request for relief on the basis that the applicant was medically cleared after elbow surgeries to perform all components of the FA. The applicant had 60 days to prepare and recondition for the FA. In accordance with AFI 36-2905, Fitness, paragraph 5.2.2.3, the expiration date represents the date the member is medically cleared to resume activities previously restricted. Members with Duty Limiting Conditions (DLCs) of 30 days or less are eligible to complete an FA when their restrictions expire, and will test within 30 days if due or overdue. For DLCs lasting greater than 31 days, members are eligible to complete the full four component FA 42 days after the expiration date of the physical limitations. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice. While the applicant contends that a medical condition, coupled with the lack of time to prepare for the contested FAs, precluded successful completion, there is insufficient evidence to support the applicant’s claim. It is noted that the applicant submitted medical records detailing his injuries, profile limitations, and letter, dated 24 Jul 13, from his provider stating the applicant was on profile for 390 days, and should be able to retest now that he has a sufficient amount of time to prepare for the FA. As per the medical records provided, the applicant had the last follow up on 19 Dec 11 and was released without limitations. In accordance with AFI 36- 2905, Fitness Program, AFGM 2.1 (dated 26 Jun 12), paragraph 10a - b: If an applicant is injured or ill and is unable to complete all required components, they 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 an invalidation memorandum to remove the contested FAs. If the medical evaluation validates the illness/injury, the unit commander may invalidate the test results. Airmen will be required to retest within five duty days or when capable based on the recommendations of the medical provider/Medical Liaison Officer, and exercise physiologist. Therefore, the Board should deny the relief requested by applicant due to lack of supporting documentation. A complete copy of the AFPC/DPSIM evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Feb 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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, including medical and other documentation pertaining to his physical limitations, in judging the merits of the case. However, we do not find the documentation submitted by the applicant sufficient to conclude that corrective action is warranted. While the applicant may believe the 60-day period he was provided for re-conditioning was insufficient given that he was on a profile for 390 days, he has provided no evidence that he has been treated differently than others similarly situated. In this respect, we note that the governing instruction provides a 42-day reconditioning period upon the expiration of a profile. Therefore, in the absence of evidence that there was some error by the medical community in determining when his limitations should have expired, 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 2013-03721 in Executive Session on 21 May 14, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, 23 Jul 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 3 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 28 Feb 14. DEPARTMENT OF THE AIR FORCE WASHINGTON DC Office of the Assistant Secretary After careful consideration of your application for correction of military records, AFBCMR Docket Number BC-2013-03721, the Board determined there was insufficient evidence of an error or injustice to warrant corrective action. Accordingly, your application is denied. You have the right to submit a request for reconsideration by the Board. However, such a request must be accompanied by newly discovered relevant evidence that was not available at the time of your original application. Absent such additional evidence, further consideration of your application is not possible. Additionally, the reiteration of facts previously addressed by the Board, uncorroborated personal observations, or additional arguments on the evidence of record is also not grounds for reopening a case. Should you decide to submit a request for reconsideration of your case, please forward your request and any supporting evidence to the address below where it will be reviewed to determine if it meets the criteria for reconsideration by the Board: SAF/MRBR 550 C Street West Suite 40 Randolph AFB TX 78150-4742 THIS ACTION IS TAKEN UNDER THE AUTHORITY DELEGATED BY THE SECRETARY OF THE AIR FORCE. Executive Director Air Force Board for Correction of Military Records