RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01445

	XXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 28 Jun 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

He was diagnosed with a medical condition, which precluded him from obtaining an overall “satisfactory” rating on the contested FA.

In support of his appeal, the applicant provides a letter dated 17 July 12 from his medical provider at the Joint Defence Facility Pine Gap Medical Clinic, referring him to a neurosurgeon/spinal surgeon and referenced “an MRI done in 09 revealed disc…spinal cord impingement”; a letter dated 11 Sept 12 indicating a medical evaluation between an off-base neurosurgeon and the applicant for neck and back pain; and a second letter dated 14 March 13 from his medical provider stating, "Mr. Smith has a known problem with back pain and spasm that recently caused him to fail his PT test. He has seen a neurosurgeon. His consultation with a neurologist is pending". 

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 staff sergeant (E-5).

On 28 Jun 12, the applicant participated in a FA, attaining an overall composite score of 86.40, but failed to complete the minimum number of sit-ups, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 11:39/52.40, Abdominal Circumference – 31.50”/20.00 points, Push-ups – 62/9.50 points, Sit-ups – 39/4.50 points.

IAW AFI 36-2905, dated 26 Jun 12; Para 10, “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. Table 4.3., “Member is prohibited from performing one or more components of the FA. The commander, in consultation with the EP/FPM, may grant members exemption from aerobic and muscle fitness components of PT or assessment based on medical recommendations.” Para 1.15.7 “(Exercise Physiologist or Fitness Program Manager) Provides documentation of FA exemption and/or exercise recommendations on AF Form 422, Physical Profile Serial Report;” 

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

Date 
Composite Score
Sit-Ups
Rating
7 Mar 2013
100.00
Exempt
Excellent
1 Aug 2012
96.33
Exempt
Excellent
*28 Jun 2012
86.40
39/4.50
Unsatisfactory
30 Jan 2012
88.30
42/6.00
Satisfactory
13 Jan 2011
92.20
44/6.50
Excellent
*Contested FA

On 16 Dec 2013 a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to “Insufficient evidence; specifically AF Form 422 and medical documents” to support the request.
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request due to a lack of supporting evidence.  More specifically, the letter provided by the applicant suggests he has a history of back pain; however, he did not have a waiver exempting him from performing the sit-up portion of the FA. Furthermore, the applicant did not provide evidence that his medical condition directly affected his performance on his FA on 28 June 2012.

A complete copy of the AFPC/DPSIM evaluation, with attachment, 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 6 Jan 14 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 for the FA dated 28 Jun 12. 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 confirming he had a medical condition, he has not met his burden of proving this condition precluded him from successfully completing the contested FA.  In this respect, we note the letters from the off-base neurosurgeon, which indicate that he had problems with his neck for the last five to six years; yet the applicant did not have a waiver for the sit-up portion of the FA.  Additionally, we considered the 14 Mar 13 memorandum from his medical provider; however the letter was dated over 9 months after the FA and only confirms he had ongoing neck and back problems, and not how this precluded him from passing the contested FA. Moreover, the applicant’s submission does not contain any support from his commander requesting the FA be invalidated, AF Forms 422 exempting him from the contested FA, or the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment.  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.
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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; 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-2013-01445 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXX, Chair
	Ms. XXXXXXX, Vice Chair
	Ms. XXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01445 was considered:

	Exhibit A.  DD Form 149, dated 3 Sep 12, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 27 Nov 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 6 Jan 14.




                                   XXXXXXX
                                   Chair