RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00431

	XXXXXXX		COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs), dated 20 Jan 12 and 19 Apr 12 be 
removed from the Air Force Fitness Management System (AFFMS).

The resulting evaluation of “3” be removed from his referral 
Enlisted Performance Report (EPR) rendered for the period from 
7 Feb 11 through 6 Feb 12.

________________________________________________________________

APPLICANT CONTENDS THAT:

The FAs, and resulting EPR, were unjust due to an undiagnosed 
medical condition that restricted his airway.  This precluded 
him from attaining a passing score on the assessments.

A letter from his medical provider dated 8 Jun 12, indicated 
that he had an airway restriction which precluded him from 
passing the assessments. The physician also explicitly 
recommended that the contested FA scores should be invalidated.

After the medical condition was correctly identified he received 
the correct FA exemption and was able to pass the assessment.

The applicant’s complete submission including: AF Form 108, 
Physical Fitness Education and Intervention Processing; AF Form 
422, Notification of Air Force Members Qualification Status; 
letter from his medical provider; letter from his EPR rater; 
chronological record of medical care; letter from the officer in 
charge (OIC) concerning PT efforts, and signed e-mail traffic 
from medical provider to his commander.
________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving as a Technical Sergeant (E-6) 
in the regular Air Force. 

On 20 Jan 12 and 19 Apr 12 the applicant completed the contested 
FAs with unsatisfactory composite scores of 65.20 and 70.90, 
respectively. 

On 4 Jun 12 an AF Form 422, cleared the applicant to participate 
in the abdominal circumference measurement, and the push-up and 
sit-up components for the FA due on 18 Jul 12. 

The Automated Records Management System (ARMS) shows the 
applicant received a referral AF Form 910 Enlisted Performance 
Report, closing 6 Feb 12, with an overall marking of three due 
to his failing the 20 Jan 12 FA.

In accordance with (IAW) guidance at the time of contested FA, 
AFI 36-2905_ Fitness Program AFGM3 (3 Jan 12), Attachment 1, 
Section 10, “If an Airman becomes injured or ill during the FA 
and is unable to complete all required components, he/she will 
have the option of being evaluated at the Medical Treatment 
Facility (MTF) but his/her test will still count unless rendered 
invalid by the Unit Commander.  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 5 duty days or when capable based on the recommendations 
of the medical provider/MLO and the Exercise Physiologist.  If 
an AF Form 422 is required, an additional 7 days will be allowed 
for the AF Form 422 to be generated and provided.”

IAW AFI 36-2905_ AFGM3 (3 Jan 12), paragraphs 2.3.2 through 
2.3.2.2 “All members must complete the Fitness Screening 
Questionnaire (FSQ) prior to FA.  The FSQ should be completed no 
earlier than 30 calendar days, but no later than 7 days prior to 
FA to provide time for medical evaluation, when indicated; 
however, failure to complete FSQ does not invalidate the FA.  A 
medical provider must evaluate all members with health issues 
identified on the FSQ prior to the FA.  Member must notify the 
Unit Fitness Program Manager (UFPM) of the assessment/training 
clearance status from the provider.”  
_____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to 
remove the contested FA, citing a lack of a commander’s letter 
recommending the scores be removed.

A complete copy of the AFPC/DPSIM evaluation, with attachments, 
is at Exhibit B.

AFPC/DPSID recommends the associated EPR be voided if the 
associated FAs are invalidated, as it appears the EPR was a 
result of the FA failures.  

A complete copy of the AFPC/ DPSID evaluation is at Exhibit C.
_______________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations, with attachments, were 
forwarded to the applicant on 23 Jan 14 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 error or injustice to warrant 
removing the contested FAs and referral EPR from the applicant’s 
records. In this respect, we note that AFPC/DPSIM recommends the 
request to remove the contested FAs be denied, due to lack of 
supporting evidence; specifically, a memorandum from the 
commander invalidating the FAs; however, we disagree.  While an 
invalidation memorandum from the applicant’s commander was not 
submitted, he did submit a memorandum from his medical provider 
indicating that an unknown and pre-existing medical condition 
precluded him from achieving passing the contested FAs.  As 
such, we find sufficient evidence to support removal of the 
contested FAs.  With respect to the contested referral EPR, we 
note the memorandum from the rater indicating that had the 
applicant not failed the 20 Jan 12, he would have received an 
overall rating of five; however, the applicant has not provided 
statements from the other members of his rating chain concurring 
with such an upgrade.  Moreover, the relief requested by the 
applicant, i.e., to remove the three on this report, will not 
provide him full and fitting relief, as there are other 
necessary corrections to the report, since it references his 
failure to maintain fitness standards and that he elected not to 
provide rebuttal comments to the referral.  Consequently, based 
on our above determination and since AFPC/DPSID has indicated 
the report should be removed in its entirety if the Board 
determines the FA failures should be invalidated, we recommend 
the referral EPR be declared void and removed from his records.  
However, should the applicant provide a reaccomplished report, 
signed by the original members of his rating chain, we would 
entertain his request to place it in his records in its proper 
sequence.  Therefore, we recommend the applicant’s records be 
corrected as 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:

	a. The Fitness Assessments, dated 20 Jan 12 and 19 Apr 12 
be declared void and removed from the Air Force Fitness 
Management System

	b. The referral Enlisted Performant Report (AB thru TSgt), 
AF Form 910, rendered for the period 7 Feb 11 through 6 Feb 12 
be declared void and removed from his records. 

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00431 in Executive Session on 30 Apr 14, 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 24 Jan 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 17 Sep 13, w/atchs.
	Exhibit C.  Master Personnel Record
	Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 14.




                                   
                                   Panel Chair