RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01410

	XXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 26 Mar 2010 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

He did not have enough time to adequately prepare for an Abdominal Circumference (AC) only FA, precluding him from obtaining an overall satisfactory rating.  

His medical condition placed him on a profile 19 Mar 10, only 7 days prior to his scheduled 26 Mar 10 FA, which exempted him from all components of the FA, except for the Abdominal Circumference component. In his opinion, 7 days to prepare for an AC measurement only FA was not adequate time to successfully pass the contested FA.  

To support his appeal the applicant provides an AF FM 422, Notification of Air Force Member’s Qualification Status; multiple Standard FM 600s, Record of Medical Care, reflecting that he saw his Primary Care Manager (PCM) numerous times about neck and back pain starting from 11 Mar 10 to 12 Mar 2012; two memoranda from his radiologist indicating the applicant had a medical issue with his spine; and a “Physician Discharge Summary.”

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Master Sergeant (E-7).

On 11 Mar 10, a Standard FM 600, Record of Medical Care, indicated a medical appointment with the applicant and his medical provider for intermittent back pain.  The medical provider referred the applicant to a chiropractor for back strain.  The applicant was released without medical limitations.

On 17 Mar 10, a Standard FM 600, Record of Medical Care, indicated a medical appointment with the applicant and his medical provider for “lower back pain and intermittent LE numbness.” 

On 19 Mar 10 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the cardio, push-up, and sit-up components of the FA.  He was cleared for the AC measurement component of the FA from 17 Mar 10 to 16 Apr 10.

On 26 Mar 10, the applicant participated in the contested AC only FA and attained a composite score of 73.00, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores:  Cardio – Exempt, Abdominal Circumference – 37.00”/21.90 points, Push-ups – Exempt, Sit-ups – Exempt.

IAW the applicable AFI at the time of the test, AFI 10-248; Para 3.7, “The CC may grant members an exemption from components (aerobic assessment, crunches and/or push-ups but not AC) of PT or assessment based on medical recommendations; Para 4.2.4 states “All members will receive AC assessment unless there is a composite exemption.” 
 
On 31 Jan 11 and 24 Mar 11, two separate Standard Form 600s, Record of Medical Care, indicate a medical appointment with the applicant and his provider to discuss possible surgical options for the problems with his spine.  

On 2 May 11, the applicant was admitted to the Brooke Army Medical Center for a surgical procedure to his spine and a discharge dated 3 May 2011.

From May 11 to Mar 12, several Standard FM 600s, Record of Medical Care, indicate post-surgery follow-up appointments between the applicant and his medical provider to discuss his work/duty medical limitations.  On 12 Mar 12 his medical provider placed him “on a permanent profile for no running.”   

On 24 Nov 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to “Insufficient evidence to support contention.” 
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to correct FA dated 26 Mar 10, due to the lack of supporting evidence. 

DPSIM states, the applicant has provided documentation that shows he took initiative to seek medical attention for his neck and back pain; however, there is no documentation from his PCM stating this medical condition should have exempted the applicant from the AC component of the FA. Justification of this decision is IAW AFI 10-248, Paragraph 4.2.4. "All members will receive AC assessment unless there is a composite exemption."

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 24 Dec 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).
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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.  While we note the applicant has provided documentation of his medical condition, we do not find this, in and of itself, sufficient to recommend corrective action.  In this respect, we note the applicant’s submission does not contain support from his commander requesting the FA be invalidated; AF Forms 422 exempting him from the Abdominal Circumference (AC) component; a letter from his medical provider stating how his medical condition prevented him from passing the AC component of the contested FA; or the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment.  Should the applicant provide documentation that would demonstrate a valid exemption of the AC measurement during the contested FA, we would be willing to reconsider his request.  Therefore, 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.    
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THE BOARD DETERMINES THAT:

The applicant be notified that the FA dated 26 Mar 10, 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01410 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXX
	Ms. XXXXX
	Ms. XXXXX

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Mar 10, w/atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 27 Sep 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Dec 13.




                                   XXXXX
                                   Chair