RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:DOCKET NUMBER: BC-2012-02440
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The fitness assessment (FA) dated 31 January 2012, be removed
from the Air Force Fitness Management System (AFFMS).
2. By amendment, the applicant requests the cardio component of
his fitness assessments, dated 10 October 2013, 25 March 2013,
21 September 2012, 31 May 2012, 26 April 2011, 5 November 2010,
22 January 2009, 23 June 2005, 22 April 2005 and 20 October
2004, be removed from AFFMS.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received unsatisfactory FA scores due to his marginal run
times. He has had multiple appointments with his primary care
manager (PCM) since 2008 addressing his left knee pain: he was
told it was fine. It was not until he failed the third FA in
January 2012, that an MRI revealed he had a torn ACL and
Meniscus.
After the MRI results, he was sent to the orthopedic clinic and
physical therapy. According to the Physical Therapist, he had
developed the muscles around his knee as much as he could and
his knee would not get better without surgery. He finally had
surgery on 9 May 2012.
In support of his appeal, the applicant provides a personal
statement, the fitness assessment scorecard, medical records a
physicians note and other supporting documentation.
The applicants 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.
A resume of the applicants FA results are as follows:
Date
Composite Score
Rating
*10 Oct 13 91.50 Excellent
*25 Mar 13 78.80 Satisfactory
*21 Sep 12 86.25 Satisfactory
*31 May 12 58.50 Unsatisfactory
*31 Jan 12 58.20 Unsatisfactory
22 Jul 12 83.60 Satisfactory
*26 Apr 11 67.40 Unsatisfactory
* 5 Nov 10 27.80 Unsatisfactory
16 Apr 10 78.50 Good
14 Oct 09 75.30 Good
29 Apr 09 75.50 Good
*22 Jan 09 59.00 Poor
31 Jan 08 77.25 Good
30 Jan 06 77.60 Good
31 Oct 05 73.95 Marginal
*23 Jun 05 Exempt Exempt
*22 Apr 05 73.30 Marginal
*20 Oct 04 70.60 Marginal
* Contested FAs
On 22 September 2012, the applicant administratively closed his
case stating that he needed time to gather additional evidence.
In a letter dated 5 February 2013, the applicant requested his
case be reopened.
The remaining relevant facts pertaining to this case are
contained in the letter prepared by the Air Force office of
primary responsibility which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. The applicant states he failed
his fitness assessment due to the pain in his left knee. He
contends he pressed it because he was unaware that he could stop
the assessment without being given a failing score. He claims
his knee was evaluated and it was found that his pain was caused
by a torn ACL and meniscus.
On 20 June 2012, AFPC/DPSIM requested additional documentation
from the applicant: specifically, copies of the AF Form 108, AF
Form 469 and AF Form 422 completed by the military treatment
facility. That documentation was not received.
The complete DPSIM evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 August 2012, for review and comment within
30 days (Exhibit D). As of this date, this office has received
no response.
________________________________________________________________
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. After a
thorough review of the evidence presented, we are not persuaded
that the fitness assessments are erroneous or unjust as
recorded. As such, we agree with the opinion and recommendation
of the Air Force office of responsibility and adopt its
rationale as the basis for our conclusion and find that the
applicant has not been the victim of an error or injustice. In
the absence of persuasive evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 BC-2012-02440 in Executive Session on 6 February 2014
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02440 was considered:
Exhibit A1. DD Form 149, dated 31 May 12, w/atchs.
Exhibit A2. Additional Submission, dated 10 Jul 12, w/atchs.
Exhibit A3. Additional Submission, dated 12 Dec 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 25 Jul, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Aug 13.
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