RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05052 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 24 Jun 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: He had a medical condition during the contested FA, which precluded him from obtaining a satisfactory overall rating. FA results were entered into the AFFMS before the Fitness Assessment Cell (FAC) could be notified of the intent to seek medical consultation. The medical condition was validated through a medical evaluation on 8 Jul 13 and he was placed on a profile. He completed the FA on 15 Jul 13 within the context of the profile and passed with an overall score of 82.8. In support of his contentions, he submits a Primary Care Manager Memorandum dated 8 Jul 13, recommending the contested FA be invalidated and noting the applicant was cleared to retake the FA within 10 duty days, due to a pending profile; a Duty Limiting Condition Report (AF Form 469), dated 8 Jul 13, and a Fitness Assessment Score Sheet, dated 15 Jul 13. 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 technical sergeant (E-7). On 24 Jun 13, the applicant participated in the contested FA and attained an unsatisfactory score. Information extracted from the AFFMS indicates the applicant failed the cardio component of the contested FA, completing the 1.5 mile run in 15:45 for a score of 00.00. According to AFI 36-2905 3 Jan 13, the maximum acceptable run time for his age group (males 30-39 yrs) is 14:00. He exceeded the maximum run time by 1:45. He passed the other components of the contested FA. The applicant’s last five FA results are as follows: Date Composite Score Rating 31 Jan 14 88.00 Satisfactory 15 Jul 13 82.80 Satisfactory *24 Jun 13 31.30 Unsatisfactory 26 Nov 12 82.75 Satisfactory 7 May 12 82.25 Satisfactory * Contested FA In accordance with guidance at the time of contested FA, AFI 36- 2905_AFGM4 (26 Jun 12), Attachment 1, Section 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.” Additionally, Paragraph a states, “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. If the FA is invalidated, the Airman will be required to retest on all non- exempt FA components within five duty days from original FA test date. If an AF Form 422 is required, an additional five duty days will be allowed for the AF Form 422 to be generated and provided. NOTE: Original FA will count unless rendered invalid by the Unit Commander.” In accordance with guidance at the time of the 24 Jun 13 contested FA, AFI 36-2905 AFGM5 (2 Jan 13), Attachment 1, Section 10, Paragraph b., “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. If the FA is invalidated, the Airman will be required to retest on all non-exempt FA components within five duty days from original FA test date. If an AF Form 422 is required, an additional five duty days will be allowed for the AF Form 422 to be generated and provided. Non- AGR and Traditional ARC Airmen will be required to retest the next date they are in appropriate military duty status and official FAs are being conducted. NOTE: Original FA will count unless rendered invalid by the Unit Commander.” A similar request was considered and denied on 14 Feb 14 by the Fitness Assessment Appeals Board (FAAB), on the basis that although the applicant’s injury was validated, there was no indication the commander invalidated the FA. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial and states, in part, the applicant did not provide documentation of an invalidation memorandum from the unit commander. A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, with attachments, was forwarded to the applicant on 4 March 2014 for review and comment within 30 days. As of this date, no response has been received by this office (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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he has met his burden of proving the contested FA is in error or unjust. The memorandum from the physician assistant is duly noted; however, it does not indicate what the condition was or how it impaired his ability to successfully complete the contested FA. In addition, the AF Form 422 was rendered after the contested FA. Most importantly, the applicant has not provided a letter of support from the commander recommending the contested FA be removed from the AFFMS or an invalidation memorandum. Although the applicant contends the FA results were entered into the AFFMS before the Fitness Assessment Cell (FAC) could be notified of the intent to seek medical consultation, he provides no explanation as to why he failed to follow the governing instructions and immediately notify the FAC prior to departing the FA location. Should the applicant provide such evidence, we would be willing to reconsider this request. However, in view of the above and in the absence of evidence to the contrary, we find no compelling 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. ________________________________________________________________ Due to the unavailability of XXXXXXXXXXXX, XXXXXXXXXXXXX has signed as Acting Panel Chair. The following members of the Board considered AFBCMR Docket Number BC-2013-05052 in Executive Session on 21 May 14, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Jul 13, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 7 Jan 14, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 4 Mar 14. Acting Panel Chair