RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03968 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 15 Dec 2010, 15 Mar 2011, and 13 Jun 2011, “Unsatisfactory” Fitness Assessments (FAs) be removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: According to his AF Form 108, Physical Fitness Education and Intervention Processing, a medical evaluation revealed he had a condition that precluded him from obtaining a passing score. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIM recommends partial approval. DPSIM states that the applicant provided a signed AF Form 108 documenting he was evaluated and had a medical condition precluding the achievement of a passing score for his FA dated 15 Dec 2010. However, his FA’s dated 15 Mar 2011 and 13 Jun 2011 resulted in failures due to minimal scoring in all components. As a minimum, exempting the cardio portions of the FAs dated 15 Mar 2011 and 13 Jun 2011 will keep both FA composite scores below 75 percent. The applicant did not provide any additional documentation stating that the FA’s should be completely removed from the AFFMS. Therefore, DPSIM recommends the FA dated 15 Dec 2010, be removed from the AFFMS. However, they do not recommend that the FAs dated 15 Mar 2011 and 13 Jun 2011 be removed from the AFFMS. The complete DPSIM evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He understands that he is responsible for his own fitness compliance. However, he was not referred for a medical evaluation until 23 Jun 2011, after the third failure in a row and fourth failure in 24 months. AFI 36-2905 does not state that a medical evaluation is mandatory after one failure. However, it does state a medical evaluation must be completed before a unit commander can initiate administrative discharge. The AF Form 108 was not a factor until after the discharge was initiated. He sought medical attention after completing the 15 Mar 2011 FA because he believed he broke his toe. An AF Form 422, Physical Profile Serial Report, was generated which exempted him from the cardio component. Even though that specific test was an automatic failure due to the minimum scoring standards, the Fitness Assessment Cell should have held the score as a precautionary measure. Notwithstanding the FA failure, this would have allowed for medical and commander review. A medical provider stated the profile exempting him from the cardio component should have been extended due to the injury to his toe. Additionally, after reviewing his fitness scores the provider determined further testing was required to rule out other conditions. On 28 Sep 2011, a sleep study was conducted which revealed he had a sleep disorder. On 1 Dec 2011, he began the fitting process for a sleep appliance that was completed on 10 Feb 2010 [sic]. Since his sleep has improved, he has been able to satisfactorily complete his FA. He is being punished for a medical condition which has caused a negative irreversible career impact. In further support of his request the applicant provides a copy of AFBCMR Docket Number BC-2009-04622. In this case, the Board corrected the applicant’s record to remove his FA failures, correct his profiles and remove his demotion action. The applicant’s complete response, with attachments, 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s requests that the FA dated 15 Mar 2011 and 13 Jun 2011, be removed from the AFFMS. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force Office of Primary Responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the applicant’s contentions that he had medical conditions preventing him from obtaining a passing score; however, he has not provided substantial evidence which would persuade us that the contested FAs should be removed from the AFFMS. With respect to his reference to AFBCMR Docket number BC- 2009-04622, we note that each case before this Board is considered on its own merits, and precedent does not bind us. While we do strive for consistency in the manner in which evidence is evaluated and analyzed, we are not bound to recommend relief in one circumstance simply because the situation being reviewed appears similar to another case. Notwithstanding, we have reviewed the case cited by the applicant and are not persuaded that it supports his assertion that he has been the victim of an error or injustice. In the case cited by the applicant, the Chief of the Medical Staff concluded that the applicant in that case should have received a composite exemption from all fitness assessments between 30 Jul 2008 and 3 Mar 2009. However, the applicant has not provided similar evidence to support that his FAs should be exempt or removed from AFFMS. Therefore, in the absence of substantial evidence to support the removal of his FAs, we find no basis to recommend granting the relief sought in this portion of his request. 4. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief. After thoroughly reviewing the evidence of record and noting the applicant’s contention, we agree with the recommendation of DPSIM that since a medical evaluation determined that he had a medical condition precluding the achievement of a passing score, his FA dated 15 Dec 10 should be removed from the AFFMS. In view of the above, we recommend his records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to reflect that his FA, dated 15 Dec 2010, be declared void and removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 9 May 2013, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2012- 03968: Exhibit A. DD Form 149, dated 28 Aug 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 17 Dec 2012, w/atch. Exhibit C. Letter, SAF/MRBR, dated 11 Jan 2013. Exhibit D. Letter, Applicant, dated 30 Jan 2013, w/atchs. Panel Chair