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AF | BCMR | CY2013 | BC 2013 03895
Original file (BC 2013 03895.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03895

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA) dated 6 June 13 removed from his 
records.

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition that was aggravated during the 
fitness test; this condition precluded him from completing the 
required amount of sit-ups.  He completed as many sit-ups as 
possible in lieu of the significant pain and burning sensation 
in his left leg.  He realizes the error he made by continuing 
with the remaining components of the FA, but he has difficulty 
accepting failure.  At the conclusion of the contested FA, he 
signed for his score sheet, notified the first sergeant, and 
scheduled an appointment at the Military Treatment Facility 
(MTF) for evaluation.  He accomplished another FA 22 days later 
and attained a score of 93 percent.  

________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Air Force during the matter 
under review.

On 18 Dec 12, an AF Form 422, Notification of Air Force Member’s 
Qualification Status, was issued to the applicant, which stated 
the applicant was permitted six weeks for reconditioning before 
engaging in unlimited squadron PT and unlimited fitness testing.  

Additionally, it stated if the applicant was to test prior to 
the release date, it recommended the applicant be assessed on 
all components with the exception of sit-ups.

On 19 Dec 12, the applicant participated in an FA and 
successfully completed all components with the exception of the 
sit-ups for which he was exempt.  As a result, he attained an 
overall composite score of 84.44, resulting in a satisfactory 
rating.

On 6 June 13, the applicant participated in the contested FA and 
failed to attain the minimum score in the sit-up component.  As 
a result, he was credited with 0.00 points for the sit-up 
component and attained an overall composite score of 76.80, 
resulting in an unsatisfactory rating.

On 11 June 13, an AF Form 469, Duty Limiting Report, was issued 
to the applicant, which resulted in him being exempt from sit-
ups.  This AF Form 422 continued to be extended with exercises 
noted that the applicant could and could not perform.

On 11 June 13, the applicant’s provider endorsed an AF Form 108, 
Physical Fitness Education and Intervention Processing, 
indicating that the applicant had been evaluated and has a 
medical condition precluding the achievement of a passing 
fitness score.  Seven days later, the applicant’s commander 
endorsed the AF Form 108 and commented in section four that 
flaring lower back pain precluded accurate assessment of sit-up 
capability. 

On 28 June 13, the applicant participated in another FA and 
successfully completed all components with the exception of the 
sit-ups for which he was exempt.  As a result, he attained an 
overall composite score of 93.00, resulting in an excellent 
rating.

On 14 Feb 14, the Fitness Assessment Appeals Board (FAAB) 
disapproved the applicant’s request for relief on the basis that 
the applicant should not have completed the contested FA once he 
became injured; in addition, the applicant did not provide a 
commander’s invalidation memorandum.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of 
an error or an injustice.  While the applicant contends that a 
medical condition for the contested FA precluded successful 
completion, there is insufficient evidence to support the 
applicant’s claim.  It is noted that the applicant submitted 
copies of profile limitations and an AF Form 108 signed by his 
provider and commander; however, there is no invalidation 
memorandum from the unit commander for the contested FA.  In 
accordance with AFI 36-2905, Fitness Program AFGM 5 (dated 3 Jan 
13), paragraph 10, “if an airman becomes injured or ill during 
the FA, he/she will have the option of being evaluated at the 
MTF whether they complete the FA or not.  If the medical 
evaluation validates the illness/injury and provides supporting 
medical documentation, the unit commander may invalidate the 
test results by notifying the FAC in writing."  Therefore, the 
Board should deny the relief sought by applicant because he did 
not provide an invalidation memorandum as required by AFI.  

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 3 Mar 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 an 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 has provided an AF Form 108 endorsed by both 
his medical provider and commander indicating he had a medical 
condition that precluded him from attaining a passing score, in 
the absence of evidence the commander did or would have 
invalidated the FA in question within five duty days, 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 2013-03895 in Executive Session on 21 May 14, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Aug 13, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIM, dated 14 Feb 14.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 14.




                                    




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