DOCKET NUMBER: BC-2012-01267
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
The results of his fitness assessment (FA) dated 5 Nov 11 be
removed from the Air Force Fitness Management System (AFFMS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He injured his knee, but circumstances beyond his control
prevented him getting medically excused from participating in the
contested FA. He was unable to see the military doctor or his
primary care provider (PCP) until after the FA and when his doctor
found fluid on his knee and immediately directed him not to run
for six months and to attend rehab.
In support of his appeal, the applicant provides copies of an Air
Force Form 469, Duty Limiting Condition Report, and a note from
his PCP indicating no running and rehab,
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant currently serves in the Air Force Reserve in the
grade of staff sergeant (E-5).
On 5 Nov 11, the applicant participated in the contested FA where
he attained a rating of unsatisfactory.
On 3 Dec 11, the applicant was issued an AF Form 469, Duty
Limiting Condition Report, which precluded him from running or
prolonged walking. The form also indicated he had been referred
to an exercise physiologist. The AF Form 469 excused him from
running for the period 3 Dec 11 through 2 Mar 12.
1
On 11 Feb 12, the applicant participated in a FA where he was
exempt from the cardio portion of the assessment in accordance
with his duty limiting condition report and attained a
satisfactory rating.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating the applicant has not
provided an AF Form 108 that indicates he had a medical condition
that precluded him from passing the contested FA. The applicant
states that he was injured from enrolling himself in a running
improvement class to improve his run time from his last failure,
but was not able to get his condition validated until the January
unit training assembly (UTA), well after the his failure of the
contested FA. His provider stated that he had fluid on his knee.
APPLICANT was placed on a no running profile for 6 months.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded to the DPSIM advisory opinion by providing
a copy of an AF Form 108 which was issued subsequent to the
contested FA. The DPSIM opinion noted the applicant had not
provided an AF Form 108 prior to his Nov 11 FA that would have
excused him from the FA.
The applicant’s complete response is at Exhibit D.
_________________________________________________________________
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 the applicant has not
been the victim of an error or injustice. While the applicant
contends that he sustained an injury that precluded him from
receiving a fair fitness assessment, and he has provided
documentation indicting that he was placed on restrictions
subsequent to the contested FA, we are not convinced the
predicament the applicant finds himself in is the result of an
error on the part of the Air Force. In this respect, we note that
by the applicant’s own admission, he did not attend the October 11
unit training assembly (UTA) where he could have taken measures to
2
pursue said restrictions in advance of the contested FA.
Therefore, 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-2012-01267 in Executive Session on 28 Sep 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 24 Apr 12.
Exhibit D. Letter, SAF/MRBR, dated 27 Apr 12.
Exhibit E. Letter, Applicant, dated 23 May 12, w/atchs.
Panel Chair
Chair
Member
Member
3
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