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AF | BCMR | CY2013 | BC 2012 05904
Original file (BC 2012 05904.txt) Auto-classification: Approved
			RECORD OF PROCEEDINGS
	AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
		
IN THE MATTER OF:					DOCKET NUMBER:  BC-2012-05904
							COUNSEL:  NONE
   							HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her unsatisfactory Fitness Assessment (FA) dated 15 May 2012 be removed from the Air Force Fitness Management System (AFFMS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She received a score of excellent on her 27 June 2011 FA, and was not due to retest until 27 Jun 2012.  However, she was erroneously tested earlier on 15 May 2012 because of her upcoming Permanent Change of Station (PCS) scheduled for 1 June       2012.  During the push-up portion of the FA she fell due to pain, and her test was terminated, resulting in an unsatisfactory FA.

In support of her request, the applicant submits copies of an email, Standard Forms 600, Chronological Record of Medical Care; and her radiology results.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is an active duty officer serving in the grade of major (O-4).

Air Force Instruction 36-2905, Fitness Program, requires all members to maintain a current annual FA.  Members with PCS orders are retested prior to departure if the FA expires before the Report Not Later than Date (RNLTD) of the projected assignment.  The applicant’s RNLTD was 29 Jun 2012.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIM recommends denial.  DPSIM states that because the applicant’s RNLTD for her PCS assignment was 29 June 2012 and her FA expired on 27 June 2012, she was correctly administered the FA prior to her PCS.

  

The complete HQ AFPC/DPSID evaluation is at Exhibit B.  

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the DPSID evaluation was forwarded to the applicant on 17 July 2013 for review and comment within 30 days.  To date, a response has not been received (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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant amending the contested FA to reflect the applicant was exempt from the push-up component.  We note that DPSIM recommends denial, stating that the applicant has not clearly demonstrated an error or injustice.  However, given credence to the medical evidence from the applicant’s health care provider and noting the circumstances of this case, we find the applicant has presented sufficient evidence to warrant partial relief.  In this respect we note that one month prior to taking her FA in May 2012, the applicant reported to the medical authorities that she was experiencing back pain.  Subsequently, she retested in July  2012, and was granted an exemption to the push-up component, resulting in an overall fitness level of “Excellent.”  Once her profile ended, she again retested in January 2013 and received another “Excellent” on her FA.  In view of the foregoing, it is our opinion the applicant had a legitimate injury at the time the contested FA was administered and should have been on a profile exempting her from the push-up component.  While the applicant requests the entire FA dated 15 May 2012 be removed, the medical evidence only supports exempting the push-up component.  Therefore, in view of the above, we recommend that her records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the push-up component of the FA, dated 15 May 2012, be amended to reflect “exempt” in the Air Force Fitness Management System (AFFMS).

_________________________________________________________________


The following members of the Board considered Docket Number BC-2012-05904 in Executive Session on 5 September 2013, 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 18 Dec 2012, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIM, dated 11 Jul 2013, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Jul 2013.
    



      
							Panel Chair



 

 


 


	



	

 


 


 


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