RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05468
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His 27 Sep 12 Fitness Assessment (FA) score be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
His FA failure was the result of an injury (torn right medial meniscus) he further sustained during the cardio component of his FA.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of airman first class (E-3).
On 12 Sep 11, the applicant participated in a FA, attaining a composite score of 99.3, which constituted an excellent rating. He performed the cardio portion of the FA (1.5 mile run) in 9:35.
On 2 May 12, a radiologic examination report indicated the applicant had a normal examination of his right knee.
On 29 May 12, a radiologic examination report indicated the applicants MRI showed an oblique tear posterior horn medial meniscus in the right knee.
On 27 Sep 12, the applicant participated in the contested FA, attaining a composite score of 69.60, which constituted an unsatisfactory assessment. He performed the cardio portion of the FA (1.5 mile run) in 14:38.
On 15 Oct 12, the applicant was diagnosed with an acute meniscal tear and advised on the option of surgery.
On 10 Dec 12, an AF Form 469, Duty Limiting Condition Report, was issued which placed the applicant under duty and mobility restrictions limiting the use of his right leg, precluding repetitive lifting greater than 40 pounds, no high impact for lower extremity activity, no low impact activity of lower extremity greater than 200 yards and no repetitive torso bending/twisting activity at the waist greater than 30 degrees, until 17 Dec 12.
On 13 Dec 12, an AF Form 422, Notification of Air Force Members Qualification Status, was issued which exempted the applicant from all components of the FA, except for his abdominal circumference (AC) assessment, until 12 March 2013. In addition, he was not medically qualified for mobility.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating the applicant has not demonstrated a clear error or injustice. Specifically, the applicant only provided medical documentation regarding his injury and did not provide copies of an AF Form 422, Physical Profile Serial Report, nor an AF Form 469, Duty Limiting Condition Report, to substantiate an exemption from his FA. A commander can only recommend the removal of a fitness score when a member is unable to complete the FA due to a medical condition which is validated by a medical provider. In this case, after the applicant sustained his injury, there is no indication a medical provider exempted him from any components of the FA or that his commander invalidated the test. As such, the removal of the FA is not an authorized action.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided copies of AF Forms 422 in response to the AFPC/DPSIM evaluation, as well as a supporting statement from his commander indicating that due to a failure in procedures, he did not have an opportunity to invalidate the applicants FA prior to its entry into AFFMS. If he had the opportunity, he would have invalidated the test.
A copy of the applicants response is at Exhibit E.
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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. The applicant contends a knee injury prevented his from obtaining a passing score during his contested 27 Sep 12 Fitness Assessment (FA). After a thorough review of the evidence of record and the applicants complete submission, including the supporting statement from his commander, we agree. While we note the comments of the Air Force OPR indicating the applicant failed to provide the appropriate documentation to have his FA invalidated, we believe a preponderance of the evidence indicates that corrective action is warranted. In this respect, we note that in response to the AFPC/DPSIM advisory, the applicant provided a supporting statement from his commander indicating that he would have invalidated the contested FA were it not for procedural errors that took place in his unit that precluded him from doing so. Therefore, we recommend the applicants records be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his Fitness Assessment (FA), dated 27 September 2012, be declared void and removed from the Air Force Fitness Management System (AFFMS).
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The following members of the Board considered AFBCMR Docket Number BC-2012-05468 in Executive Session on 14 Jan 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Nov 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 7 Feb 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 13.
Exhibit E. Letter, Applicant, dated 4 Mar 13, w/atchs.
Panel Chair
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