RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01461

	XXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs), dated 23 May 2012 and 11 July 2012 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

He had a medical condition that precluded him from obtaining an overall satisfactory rating on two contested FAs. 

Had he been diagnosed earlier he would not have failed the contested FAs.

In support of his appeal the applicant provides a medical evaluation letter with a statement from his medical provider indicating he had a medical condition precluding him from achieving a passing score.   

The applicant’s complete submission, with attachment, 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 Technical Sergeant (E-6).

On 23 May 12 the applicant participated in an FA and obtained an “unsatisfactory” score.  Specifically the applicant failed to meet the minimum component value for Muscle Fitness, completing 39 of the 42 minimum required “Sit-ups” for males under 30. 

On 11 Jul 12 the applicant participated in the second contested FA and obtained an “unsatisfactory” score.  Specifically the applicant failed to meet the minimum component value for Muscle Fitness, completing 38 of the 39 minimum required “Sit-ups” for males 30-39. 

Information extracted from AFFMS shows the applicant has completed and successfully passed 3 more FAs, since his most recent failure on 11 Jul 12.  For each one of these FAs, AFFMS shows that the applicant was “Exempt” for both “Push-Ups” and “Sit-Ups.” 

IAW AFI 36-2905; Atch 1 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.” Atch 1, Para 10a, “If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results;” Para 2.12.3., “If a member is unable to complete any required portion of the AF Fitness Program (e.g., FA, FIP session, intervention classes), the member must receive written waiver/approval (Table 4.3.) from the Unit CC.” 

On 16 Dec 13, 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 to correct FAs dated 23 May 12 and 11 Jul 12.  

DPSIM references, AFI 36-2905, Fitness Program (dated 1 July 2010) AFGM 4 (dated 3 Jan 2012) Paragraph 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." In accordance with the AFI, the applicant did not provide an invalidation memorandum from the Commander stating that the FAs from 23 May 2012 and 11 July 2012 should be deleted from AFFMS. 

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C.
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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 D).
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ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to correct FAs dated 23 May 12 and 11 Jul 12, as AFI 36-2905 provides no authority for removal of fitness assessments due to pre-existing medical conditions. The applicant has four failed FAs within a 24-month period in which there are inconsistencies in component outcomes. The medical review requested by the commander was for administrative separation purposes only to determine whether the applicant should be retained or discharged based on his four failed FAs within a 24-month period. Moreover, there are inconsistencies in his component scores of different FAs during the period in which he contends his medical condition prevented successful completion. For example during the 2 Mar 11, 23 May 12, and 11 Jul 12, FA, he appears to have struggled with the sit-up component, but scored higher in this component during the 30 Jan 12 FA.
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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 14 Apr 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E).
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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. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he has met his burden of proving the contested FAs should be removed from the AFFMS. In this respect, we note that based the applicant’s four failed FAs within a 24-month period, his commanderrequested a medical review to determine if any medical condition was responsible for his inability to achieve a passing score in order to decide whether the applicant should be retained or administrative discharge action should be initiated. While the applicant has provided the results of this medical review, indicating that he had a medical condition precluding him from achieving a passing score, this in and of itself, does not convince us the contested FAs should be invalidated. We note the results of the medical review; however, it does not indicate what the condition was or how it prevented him from successfully completing the FAs. Moreover, we find no letter of support from the commander requesting the FA be invalidated nor evidence of the action taken by the applicant prior to the contested FAs to ensure he was on the appropriate profile. Should the applicant provide such evidence, we would be willing to reconsider this request. However, in view of the above and 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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Due to the unavailability of xxxxxxxxxxxxxx, xxxxxxxxxxxxxx has signed as Acting Panel Chair. The following members of the Board considered AFBCMR Docket Number BC-2013-01461 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:

 	XXXXXXX, Chair
 	XXXXXXX, Member
	XXXXXXX, Member

The following documentary evidence was considered in AFBCMR Docket Number BC-2013-01461:

Exhibit A. DD Form 149, dated 4 Feb 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 27 Nov 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 6 Jan 14.
Exhibit D. Memorandum, AFPC/DPSIM, dated 14 Mar 12.
Exhibit E. Letter, SAF/MRBR, dated 14 Apr 14.



	XXXXXXX 
      Acting Panel Chair