RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00515
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His 30 Nov 12 Fitness Assessment (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
His ability to pass the FA in question was unfairly limited. He was medically cleared to test on two components of the FA, but was only allowed to test on the abdominal circumference (AC) component. This resulted in his failing the FA.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of Technical Sergeant on the date of the FA in question.
Based upon documentation submitted by the applicant:
On 16 Nov 12, the applicant received an AF Form 469, Duty Limiting Condition Report, indicating that he was undergoing a Medical Evaluation Board (MEB) Review due to a knee injury. The applicant was restricted from doing push-ups, pull-ups, running further than 100 yards or walking further than three quarters of a mile. These restrictions expired on 16 Jan 13.
On 28 Nov 12, the applicant received an AF Form 422, Notification of Air Force Members Qualification Status, restricting him from testing on any FA component other than AC.
On 30 Nov 12, the applicant failed his FA because he did not meet the minimum requirements of the AC portion of the test.
On 20 Dec 12, the applicant received an AF Form 469 indicating that the earlier restrictions on his completing sit-ups expired on 27 Nov 12.
On 6 Nov 13, the Fitness Assessment Appeals Board (FAAB) reviewed the applicants request to void and remove his 30 Nov 12 FA from the AFFMS, but denied his request because the documentation he provided did not support his claim.
The applicants most recent FA results are as follows:
Date
Composite Score
Rating
6 Sep 13
81.67
Satisfactory
28 Feb 13
79.33
Satisfactory
30 Nov 12
67.50
Unsatisfactory
17 Aug 12
73.33
Unsatisfactory
24 Jan 12
76.67
Satisfactory
24 Jan 11
Exempt
Exempt
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.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating there is no evidence of an error or injustice. According to the AF Form 469, dated 16 Nov 12, and the AF Form 422, dated 28 Nov 12, the applicant was restricted from performing all component of the FA except the AC. Neither document shows that the applicants FA in Nov was affected by his medical condition. None of the documentation provided by the applicant substantiates his contention.
A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6 Dec 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board acknowledges the applicants AF Form 469, issued three weeks after the contested FA failure, indicates that the restrictions on his accomplishing sit-ups expired three days prior to his FA, the AF Form 469 is not the controlling document for establishing FA exemptions. The authority to determine which components of the FA are to be accomplished resides with the exercise physiologist, who determined based upon the facts available on that day that the applicants test would only consist of the abdominal circumference (AC) portion of the test. Moreover, applicants military physician notified the applicant that any decision to void and remove his FA score was his commanders decision. However, the applicant did not submit any evidence that his commander supported his application or determined that the FA in question should be invalidated. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00515 in Executive Session on 4 Feb 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00515 was considered:
Exhibit A. DD Form 149, dated 18 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 6 Nov 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Dec 13.
Panel Chair
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