RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05803
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His 13 Jul 11 Fitness Assessment (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He suffered from a well-documented medical condition since 2005 which impacted his ability to pass the FA in question. He asked to be placed on a medical profile for chronic pain on numerous occasions, but was always told a medical profile could potentially harm his career.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of technical sergeant (E-6) during the matter under review.
On 30 Apr 13, AFPC/DPSIM notified the applicant that per his request his 15 Nov 11 FA score in the AFFMS was administratively corrected to reflect a composite score of 96.75 and an overall rating of excellent.
The applicants most recent FA results are as follows:
Date
Composite Score
Rating
27 Nov 12
92.67
Excellent
16 Feb 12
100.00
Excellent
15 Nov 11
96.75
Excellent
13 Jul 11
71.30
Unsatisfactory*
6 Oct 10
77.80
Satisfactory
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial indicating there is no evidence of an error or injustice. In accordance with AFI 36-2906, Fitness Program, 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 five duty days or when capable based on the recommendations of the medical provider and the exercise physiologist. If an AF Form 422 is required, an additional seven days will be allowed for the AF Form 422 to be generated and provided. The applicant provided two memoranda in support of his request. One was from his unit fitness program manager and the other was from his Commander. The applicant did receive a Commanders exemption for the FA dated 15 Nov 11. However, the memo from the Commander does not recommend an exemption for the 13 Jul 11 FA. In addition, the applicant did not provide an AF Form 422, Notification of Air Force Member's Qualification Status, or AF Form 469, Duty Limiting Condition Report, outlining his limitations and restrictions.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13 May 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
________________________________________________________________
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 injustice. We took notice of the applicant's complete submission in judging the merits of the case. While the Board notes the comments of AFPC/DPSIM indicating that there is insufficient evidence to warrant granting the requested relief, we believe a preponderance of the evidence supports granting relief. In this respect, we note the applicant has provided s supporting statement from his commander confirming that he suffered from a medical condition for which he had been receiving treatment since 2009 which would have prevented him from performing the cardio portion of the FA. We find this statement, in conjunction that of the applicants Unit Fitness Program Manager attesting that said condition played a major role in his inability to successfully complete the 13 Jul 11 FA are sufficient for us to conclude the applicants medical condition precluded him from attaining a passing score. We note the applicant has requested that his FA be declared void and removed from his records; however, we believe it appropriate to correct his record to reflect that he was instead exempt from the cardio component of the FA as we believe this constitutes full and fitting relief. Therefore, we recommend the applicants record be corrected to the extent 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 portion of the Fitness Assessments conducted on 13 July 2011, resulting in an overall composite score of 88.75 (Satisfactory).
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2012-05803 in Executive Session on 10 Oct 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 30 Apr 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 13 May 13.
Panel Chair
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