RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04398
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was exempt from the
cardio components of his 28 Dec 10, 25 Mar 11, 23 Jun 11, and
30 Apr 12 Fitness Assessments (FA).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a preexisting medical condition that prevented him from
achieving passing scores on the FAs in question.
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 rank of senior airman (E-4).
On 6 Jun 12, the applicants commander requested a medical
determination to determine whether the applicant had a medical
condition which precluded him from achieving a passing score on
the contested FAs.
On 7 Jun 12, the medical provider confirmed the applicant should
have been exempt from the cardio components of the contested FAs
due to a newly diagnosed preexisting condition.
The contested FA results are listed below:
Date
Composite Score
Rating
30 Apr 12
65.30
Unsatisfactory
23 Jun 11
75.90
Unsatisfactory
25 Mar 11
46.60
Unsatisfactory
28 Dec 10
31.20
Unsatisfactory
On 3 Oct 12, AFPC/DPSIM requested the applicant provide
additional documentation to substantiate his claim, specifically
AF Form 422, Notification of Air Force Members Qualification
Status; AF Form 469, Duty Limiting Condition Report (DLC); and
AF Form 108, Physical Fitness Education and Intervention
Processing.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. Service members can be exempt if
they are unable or unavailable to train or test for reasons
beyond their control. The commander can exempt the service
member from the aerobic or muscle fitness components of physical
training (PT) or assessment based on medical recommendations for
a limited period. The medical provider confirmed the applicant
should have been exempt from the cardio components of the
contested FAs based on pre-existing medical condition. However,
there was no evidence provided showing the commander supported
exempting the applicant from the cardio components of the
contested FAs. Furthermore, service members who have a
component exemption must provide an AF Form 422 to medical
treatment facility. The applicant was requested to provide an
AF Form 422 but did not respond.
A complete copy of the AFPC/DPSIM evaluation, with attachment,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Jan 13, for review and comment within 30 days.
As of this date, no response has been received by this office.
________________________________________________________________
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 an injustice. After a
thorough review of the evidence provided by the applicant, to
include the statement from the Medical Care Provider, we believe
a preponderance of the evidence indicates that corrective action
is warranted. In this respect, we note the applicants primary
care provider, in response to a request from the applicants
commander, determined that the applicants recently discovered
pre-existing medical condition precluded him from attaining a
passing score during the contested fitness assessments. We note
the comments of the Air Force office of primary responsibility
(OPR) indicating there is no evidence provided showing the
commander supported exempting the applicant from the cardio
components of the contested FAs; however, the commander can only
nullify a fitness test result under very specific circumstances
and in view of the fact that medical authorities did not make
their determination regarding the impact of the applicants
medical condition until well after the contested fitness
assessments, the commander no longer had authority to invalidate
the results. Therefore, to preclude the possibility of an
injustice to the applicant, we recommend that his records be
corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT, be corrected to show that he
was exempt from the cardio components of the Fitness Assessments
(FA), dated 28 Dec 10, 25 Mar 11, 23 Jun 11, and 30 Apr 12.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04398 in Executive Session on 4 Jun 13, 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:
Exhibit A. DD Form 149, dated 17 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 18 Jan 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 25 Jan 13.
Panel Chair
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