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AF | BCMR | CY2013 | BC 2013 00715
Original file (BC 2013 00715.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00715

			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 21 Nov 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

The equipment malfunctioned before and during the walk portion of the test and pain medication may have increased his heart rate, which precluded him from obtaining an overall satisfactory rating on the contested FA.

Prior to the start of the test his heart rate monitor was giving multiple false readings.  To remedy the situation, the FAC had him try several different monitors and even gave him a new one on the final lap of the 1-Mile Walk. After completing the cardio component the new monitor read 158 beats per minute (BPM); however, the FAC told the applicant that they would have to use the reading from the monitor he was previously wearing.  This monitor read 171 BPM and prevented him from passing the cardio component of the contested FA.   

The applicant submitted a personal statement and a Standard FM 600, Chronological Record of Medical Care, which indicates that he was taking medication, Meloxicam for a neck injury.  

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Staff Sergeant (E-5).

On 21 Nov 12, the applicant participated in a FA, attaining an overall composite score of 74.13, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio (1-Mile Walk) – 40/44.90, Abdominal Circumference – 38.00”/14.40 points, Push-ups – Exempt, Sit-ups – Exempt.

The applicant’s last 5 FA results are as follows:

Date 
Composite Score
Rating
27 Aug 13
72.80
Unsatisfactory
28 Feb 13	
75.00
Satisfactory
*21 Nov 12
74.13
Unsatisfactory
15 May 12
76.30
Satisfactory
16 Feb 12
60.20
Unsatisfactory
*Contested FA

On 15 Nov 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to “Insufficient evidence to support applicant’s medical claim.” 
______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of removing the scores in AFFMS, stating the evidence provided by the applicant does not substantiate the claim. Specifically, the applicant did not provide evidence from his medical provider stating the medication elevated his heart rate or a letter from the FAC indicating the equipment malfunctioned.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 13 Dec 13 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 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 that the applicant has not been the victim of an error or injustice.  While the applicant has provided medical documentation indicating that he was on pain medication, he has not met his burden of proving the contested FA should be removed from his records. In this respect, we note the applicant’s submission does not contain sufficient documentation to include; a “Medical Determinition Letter” from his medical provider validating his medication caused an increased heart rate; support from his commander requesting the FA be invalidated; an AF Form 422 exempting him from the contested FA; or the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment.  Moreover, the applicant’s submission does not contain a letter from the FAC indicating the equipment was malfunctioning and may have given false heart rate readings. Should the applicant provide such evidence, we would be willing to reconsider his request.  However, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.The application was timely filed.
_______________________________________________________________

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 BC-2013-00715 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Feb 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 26 Sep 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 13 Dec 13.




                                   
                                   Panel Chair

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