RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01511
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 31 Jan 13, 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 during the contested FA, which may have precluded him from obtaining a satisfactory overall rating.
Is support of his appeal, the applicant submits an AF Form 108, Physical Fitness Education and Intervention Processing, signed by his medical provider stating the medical condition may have caused him to fail the FA and further evaluation would be required.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant is currently separated from the military the Regular Air Force.
On 31 Jan 13 the applicant participated in the contested FA and attained an unsatisfactory score.
Examiners Note: The applicants fitness record is no longer available in AFFMS, presumably due to separation from the Air Force.
On 22 Jan 14 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.
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).
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request. Although the applicant provided an AF Form 108 from his medical provider indicating he had reported symptoms that may have caused fit test failure, there is no documentation from his unit commander indicating his/her decision to invalidate the FA.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14 Feb 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. 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 documentation indicating he had a medical condition, he has not met his burden of proving how this condition precluded him from successfully completing the contested FA. In this respect, we note the AF Form 108, signed by his medical provider stating he may have had a medical condition and further evaluation is required; however, it was not signed by his commander, nor was a letter provided from the commander requesting the FA be invalidated. Moreover, the applicants submission does not contain any AF Forms 422s stating his profile exemptions and the Fitness Screening Questionnaire he was required to complete prior to completing 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; 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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The following members of the Board considered AFBCMR Docket Number BC-2013-01511 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:
Ms. XXXXXXXX, Chair
Ms. XXXXXXXX, Vice Chair
Ms. XXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 17 Oct 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 14 Feb 14.
XXXXXXXX
Chair
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