RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00860
XXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessments (FAs), dated 15 Apr 12 and 15 Jul 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition during the contested FAs, which precluded him from obtaining satisfactory overall ratings.
The medical condition has been validated through a medical evaluation. His commander did not submit any documentation regarding this case.
In support of the appeal, the applicant submits a copy of a 8 Dec 12 Medical Condition Determination for FA Test Failures, an AF Form 108, Physical Fitness Education and Intervention Processing, two 15 Apr 12 Chronological Records of Medical Care and his FA history from the AFFMS.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in the grade of Staff Sergeant (E-5).
On 15 Apr 12, the applicant participated in the first contested FA and attained an unsatisfactory score because he failed to complete the sit-up component.
On 15 Apr 12, the applicant was seen by a military medical provider, after failing the first contested, who indicated that he had sustained an abdominal strain during his FA.
On 15 Jul 12, the applicant participated in the second contested FA and attained another unsatisfactory score because he failed to complete the cardio and push-up components.
On 25 Jul 12, , the applicant was seen by his civilian medical provider, after failing the second contested FA, complaining of abdominal discomfort that occurred during a recent FA. The provider completed documentation stating activity restrictions as follows: no lifting, sit ups, and push-ups for 4 weeks.
The applicants last five FA results are as follows:
Date
Composite Score
Rating
14 Oct 12
92.67
Excellent
*15 Jul 12
25.50
Unsatisfactory
*15 Apr 12
59.40
Unsatisfactory
11 Sept 11
84.40
Satisfactory
15 May 11
81.40
Satisfactory
* Contested FA
In accordance with AFI 36-2905, Fitness Program, 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 within five days of the assessment. 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 five duty days or when capable based on the recommendations of the medical provider and the Exercise Physiologist (EP).
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial and states, in part, the applicant did not provide sufficient evidence to support the claim. While he has provided sufficient documentation to show he was injured, he has not provided documentation from the Unit Commander invalidating the FA. IAW AFI 36-2905 _ AFGM3 and AFGM4, paragraph l0a, dated 3 Jan 12 and 26 Jun 12 respectively, "If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results." Simply stated, the
Commander had the option to invalidate the FAs; however, there is no documentation to confirm he/she did so.
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 Jan 14 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 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. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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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-2013-00860 in Executive Session on 12 May 14, under the provisions of AFI 36-2603:
XXXX, Panel Chair
XXXX, Member
XXXX, Member
In view of XXXXXX unavailability, XXXXX has signed as Acting Chair Panel. The following documentary evidence was considered in AFBCMR Docket Number BC-2013-00860:
Exhibit A. DD Form 149, dated 6 Jul 12, w/atch.
Exhibit B. Letter, AFPC/DPSIM, dated 7 Nov 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 26 Nov 12.
Acting Panel Chair
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