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AF | BCMR | CY2013 | BC 2013 01360
Original file (BC 2013 01360.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01360

	XXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her Fitness Assessment (FA) dated 4 Oct 11 be declared void and removed from the Air Force Fitness Management System (AFFMS).

Her FA dated 7 Feb 12 be corrected in AFFMS to reflect a pregnancy exemption. (Administratively corrected by AFPC)
________________________________________________________________

APPLICANT CONTENDS THAT:

She had a medical condition which precluded her from obtaining an overall satisfactory rating on her contested FA, dated 4 Oct 11.

After the birth of her daughter on 10 Feb  11 she had a medical condition that caused excessive menstrual bleeding.  This bleeding continued until 27 Sep 11, when she had a Dilation and Curettage (D&C), a surgical procedure to get the bleeding to stop.  During that time, she was on a profile that did not allow her to exercise, because it made the bleeding worse.  On 4 Oct 11, right after the procedure, she participated in an Abdominal Circumference (AC) only FA and failed due to her medical condition and inability to exercise.  

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 technical sergeant (E-6).

On 4 Oct 11, the applicant participated in a FA, attaining an overall composite score of 10.00, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – Exempt, Abdominal Circumference – 39.50”/2.00 points, Push-ups – Exempt, Sit-ups – Exempt.

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

Date 
Composite Score
AC Measurement
Rating
13 Dec 2013
0.00
37.50”/0.00
Unsatisfactory
1 May 2013
Exempt
Exempt
Exempt
7 Feb 2012
Exempt
Exempt
Exempt
12 Jan 2012
Exempt
Exempt
Exempt
*4 Oct 2011
10.00
39.50”/2.00
Unsatisfactory
*Contested FA

As a result of the 26 Sep 13 advisory opinion the applicant’s records were administratively corrected to show she was exempt from all components of the 7 Feb 12 FA.  As such, on 24 Nov 13, the FAAB considered the only issue remaining – the 4 Oct 11 FA.

On 24 Nov 2013, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to “Insufficient evidence to support contention.”  
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of removal of the 4 Oct 11 FA, due to insufficient evidence to support the applicant’s contention.  After reviewing the claim it was determined that the applicant did not provide documentation from the medical provider stating how her medical situation contributed to her 4 Oct 11 FA failure. Additionally, there is no documentation from the Unit Commander indicating his/her decision to invalidate the 4 Oct 11 FA. 

Her records were administratively corrected to show that she was exempt from participating in the 7 Feb 12 FA, due to pregnancy.  

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 attachments, was forwarded to the applicant on 10 Jan 14 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 for the FA dated 4 Oct 11.  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.  In this respect, we note the applicant’s submission does not contain any supporting medical documentation describing her medical condition and how it prevented her from successfully completing the contested 4 Oct 11 FA.  Should the applicant provide medical documentation that would demonstrate the nature of her medical condition and a causal relationship between it and her inability to successfully complete the contested FA and provide a copy of the Fitness Screening Questionnaire, we would be willing to entertain her request for reconsideration of her appeal.  However, in view of the above and in the absence of evidence to the contrary, we find no basis to void the 4 Oct 11 FA. 
________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the FA dated 4 Oct 11, did not demonstrate the existence of material error or injustice; 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-2013-01360 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXXX, Chair
	Ms. XXXXXX, Vice Chair
	Ms. XXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 Mar 12, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 24 Nov 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 10 Jan 14.




                                   XXXXXXXX
                                   Chair	



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