RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01082
XXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 9 June 10 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition during the contested FA, which precluded him from obtaining a satisfactory overall rating.
During the cardio component, his back seized-up to the point where he was not able to complete that component and received an incomplete, which resulted in an resulting in an incomplete and an overall unsatisfactory composite score. The medical condition has been validated through a medical evaluation.
In support of the appeal, the applicant submits page one of a three-page 9 Jun 10 Chronological Record of Medical Care of his treatment at the Urgent Care Clinic for lower back pain.
The applicants 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 9 Jun 10, the applicant participated in the contested FA and attained an unsatisfactory score. Information extracted from the AFFMS indicates the applicant failed to complete the cardio component of the contested FA.
On 9 Jun 10 at 1032, the applicant reported to the 35th Medical Group Urgent Care Clinic and was seen for lower back pain.
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).
On 6 Nov 13, the Fitness Assessment Appeals Board (FAAB) denied relief to the applicant indicating that there was insufficient evidence to support his claim.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request, as there is insufficient evidence to support his claim. Although the applicant has provided a Chronological Record of Medical Care indicating that he was seen for low back pain at an Urgent Care Clinic, his medical condition did not restrict him from the sit-up and abdominal circumference components, nor was there documentation from the commander invalidating the contested FA.
A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C.
________________________________________________________________
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).
________________________________________________________________
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 a medical condition, he has not met with burden of proving the contested FA should be removed from his records. In this respect, we note the letter from the applicants medical provider indicates he had a medical condition but no letter from the commander was provided requesting the FA be invalidated. Therefore, in the absence of evidence to the contrary, we find no compelling 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 BC-2013-01082 in Executive Session on 21 May 2014, under the provisions of AFI 36-2603:
XXXX, Chair
XXXX, Member
XXXX, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01082 was considered:
Exhibit A. DD Form 149, dated 14 Feb 13, w/atch.
Exhibit B. Memorandum, AFPC/DPSIM, dated 19 Sept 2013,
w/atch.
Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.
XXXX
Panel Chair
AF | BCMR | CY2012 | BC-2012-02474
His Fitness Assessment (FA) dated 10 Apr 12, be removed from the Air Force Fitness Management System (AFFMS). The complete DPSIM evaluation is at Exhibit D. AFPC/DPSID states based on the recommendation from DPSIM to only exempt the cardio portion of the applicants FA test and not remove the entire 10 Apr 12 FA, they recommend the AFBCMR deny the applicants request to void the contested EPR. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The...
AF | BCMR | CY2013 | BC 2013 04605
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04605 XXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 12 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 20 Mar...
AF | BCMR | CY2013 | BC 2013 03506
On 12 Apr 13, the applicant participated in the contested FA and attained an unsatisfactory score (37.00) completing all four components. If the FA is invalidated, the Airman will be required to retest on all non-exempt FA components within five duty days from original FA test date. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...
AF | BCMR | CY2013 | BC 2013 03849
On 12 Aug 13, the applicant provided a response to the Letter of Counseling (LOC) he was issued as a result of not passing the contested FA. The applicant presents documentation of difficulty with the contested FA due an illness/injury but did not obtain an invalidation letter from his commander. We note the comments of AFPC/DPSIM indicating the applicant should have made the fitness assessment cell (FAC) staff aware that he had a medical condition that precluded him from passing the FA on...
AF | BCMR | CY2013 | BC 2013 04626
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04626 XXXXXXXXX COUNSEL: NONE HEARING DESIRED: No ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessments (FAs), dated 23 Jun 10 and 28 Aug 13, be declared void and removed from the Air Force Fitness Management System (AFFMS). The letter supports his request to remove his 23 Jun 10 FA from his record due to a...
AF | BCMR | CY2013 | BC 2013 02001
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02001 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Fitness Assessment (FA), dated 14 Sep 12 be declared void and removed from the Air Force Fitness Management System (AFFMS). In the letter he expresses his opinion, explaining how his medical condition and pride of admitting his physical...
AF | BCMR | CY2013 | BC-2013-00617
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00617 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 17 Jan 2013 Fitness Assessment (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS). We note the Air Force office of primary responsibility recommends denial stating there is no evidence that his unit commander...
AF | BCMR | CY2013 | BC 2013 01407
A Standard FM 600, Record of Medical Care, dated 1 Nov 2012, indicates the applicant visited the Medical Treatment Facility, for chest pain and shortness of breath. His medical provider diagnosed him with Acute Bronchospasm, secondary to overexertion in a cold environment with a documented sinus infection. In accordance with AFI 36-2905, dated 26 June 12, paragraph 10, If an Airman becomes injured or ill during the FA and is unable to complete all required components, he/she will have...
AF | BCMR | CY2013 | BC 2013 02538
For RegAF and AGR Airmen, the FAC (or UFPM where no FAC exists) will enter the FA results in AFFMS on the 6th duty day if the Commander does not invalidate test results or no response from the Commander is received within this timeframe; Atch 1, Para 10a. Commander memorandum, medical docs, or FAC memorandum). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request to remove the contested FA from AFFMS,...
AF | BCMR | CY2013 | BC 2013 02331
On 2 Jan 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant did not provide sufficient evidence; specifically AF Form 422. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 Feb 14, applicant provided a memorandum in rebuttal of AFPC/DPSIM and FAAB memoranda. While we note an...