RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05948
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA), dated 4 Jan 12 be removed from the Air Force Fitness Management System (AFFMS).
The Enlisted Performance Report (EPR), rendered for the period 1 May 11 [sic] through 1 May 12, be declared void and removed from his records (Administratively corrected EPR, rendered for the period 2 May 11 through 1 May 12 removed by Evaluation Reports Appeals Board)
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition that precluded him from obtaining an overall satisfactory rating on the contested FA.
Several days after the contested FA he was seen by the base physician and diagnosed with an inguinal hernia. Had the condition been identified prior to the FA he would have been put on profile and been able to pass the assessment.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving as a Senior Airman (E-4) in the regular Air Force.
On 4 Jan 12 the applicant completed the contested FA with an unsatisfactory score of 71.70.
On 6 Sep 13 the applicants preceding 6 FA results were as follows:
Date
Composite Score
Cardio Results
Rating
26 Jul 12
86.10
12:39 / 47.20
Satisfactory
12 Mar 12
Exempt
Exempt
Exempt
*4 Jan 12
71.70
14:42 / 31.70
Unsatisfactory
10 Feb 11
82.30
13:21 / 42.30
Satisfactory
27 Mar 09
81.50
11:42 / 39.00
Good
26 Jan 09
88.00
11:30 / 40.50
Good
*Contested FA
In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM3 (3 Jan 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. If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results. The Airman will then be required to retest within 5 duty days or when capable based on the recommendations of the medical provider/MLO and the Exercise Physiologist. If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.
IAW AFI 36-2905_AFGM3 (3 Jan 12), paragraphs 2.3.2 through 2.3.2.2 All members must complete the Fitness Screening Questionnaire (FSQ) prior to FA. The FSQ should be completed no earlier than 30 calendar days, but no later than 7 days prior to FA to provide time for medical evaluation, when indicated; however, failure to complete FSQ does not invalidate the FA. A medical provider must evaluate all members with health issues identified on the FSQ prior to the FA. Member must notify the Unit Fitness Program Manager (UFPM) of the assessment/training clearance status from the provider.
_____________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to remove the contested FA, citing the lack of supporting medical documents.
A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 31 Jan 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 error or injustice. 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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While the applicant has indicated a medical condition, Inguinal Hernia, he has not met his burden of proving the contested FA should be removed from his records. In this respect, we note the applicants submission does not contain sufficient documentation to include; medical documentation along with a Medical Determination Letter from his medical provider, a letter from his commander requesting the FA be invalidated; an AF Form 422 exempting him from the contested FA; or the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment. Should the applicant provide such evidence, we would be willing to reconsider his request. However, in view of the above and in the absence of evidence to the contrary, 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 BC-2013-05948 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:
Ms. XXXXXXXXX, Panel Chair
Ms. Mark G. Allen, Member
Ms. Michael C. Mehrman, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05948 was considered:
Exhibit A. DD Form 149, dated 26 Nov, 12, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 31 Aug 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 Jan 14.
XXXXXXXXX
Panel Chair
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