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AF | BCMR | CY2013 | BC 2013 01550
Original file (BC 2013 01550.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01550

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 19 Dec 12 and a duplicate FA entry dated 1 Sep 10 be removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition during the contested FA dated 19 Dec 12, which precluded him from obtaining a satisfactory overall rating.

He received an AF Form 469, Duty Limitation Condition Report, dated 27 December 2012 reflecting physical and duty limitations including "no repetitive bending at the waist." 

He received an AF Form 422, Notification of Air Force Member's Qualification Status, dated 9 January 2013, exempting him from the aerobic and sit-up components of the FA.

He received a memo from 381 IC/CC dated 17 January 2013, the Unit Commander states that the applicant suffered from a medical condition during the FA but was advised by Health and Wellness
Center personnel to "continue with the test."

Additionally, he states that the score put into AFFMS dated 1 Sep 10 for his 1.5 mile run/walk was incorrect and was corrected the same day.


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 19 Dec 12, the applicant participated in the contested FA and attained a composite score of 71.60 unsatisfactory.  The applicant did not meet the required number of sit-ups with a score of 35 versus the required number of 39. 

He received an AF Form 469, Duty Limitation Condition Report, dated 27 December 2012 reflecting physical and duty limitations including "no repetitive bending at the waist." 

The applicant received an AF Form 422, Notification of Air Force Member's Qualification Status, dated 9 January 2013, exempting him from the aerobic and sit-up components of the FA.

On 1 Sep 10, the applicant participated in a contested FA and attained a composite score of 69.20 unsatisfactory.  The applicant did not meet the required run/walk time.   AFFMS was updated to reflect a 1.5 mile run time of 14 minutes and 33 seconds, unsatisfactory score.  

A second FA entry was updated in AFFMS dated 1 Sep 10 reflecting a 1.5 mile run time of 13 minutes and 33 seconds, satisfactory score. 

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

Date 
Composite Score
Rating
17 Jan 13
97.00 
Excellent 
*19 Dec 12
71.60
Unsatisfactory
11 Jun 12
86.00
Satisfactory
12 Dec 12
86.60
Satisfactory
15 Jun 11
100.00
Excellent
01 Sep 10
79.80
Satisfactory
*01 Sep 10
69.20
Unsatisfactory

* Contested FA

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.”

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).

In accordance with AFI 36-2905, Fitness Program, to determine overall fitness the Air Force uses an overall composite fitness score and minimum scores per three component areas:  Aerobic Fitness (1.5 mile run), Body Composition (abdominal circumference measurement), and Muscular Fitness (number of push-ups and sit-ups completed within one minute each).  Military members receive a composite score on a 0 to 100 scale based on the following maximum component scores: 60 points for aerobic, 20 points for body composition, 10 points for push-ups and 10 points for sit-ups.  To determine individual composite fitness scores the Air Force uses age and gender specific fitness score charts.  An unsatisfactory is a composite score less than 75 and/or one or more component minimums are not met.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request for removal of the FA dated 19 Dec 12 and the FA dated 1 Sep 12. Specifically, the applicant failed to provide supporting evidence in both FA cases to warrant removal.  

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 was forwarded to the applicant on 24 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.  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 the 
19 Dec 13 diagnosis of his condition, he has not met his burden of proving the contested FAs should be removed from his records. In this respect, we note the AF Form 469 and AF Form 422; however, these documents do not exempt him as they were issued after-the-fact.  Additionally, the letter from the applicant’s commander requests a re-test prior to the recommended 42 day conditioning period, but there is no indication from the commander that the contested FA should be invalidated.   Moreover, the applicant’s submission does not contain a “Medical Determination Letter” from his medical provider stating that his condition precluded him from passing the FA and the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment. In regards to the FA dated, 1 Sep 10 the applicant failed to provide his score sheet, indicating which FA should be removed. 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.
________________________________________________________________

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.
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-01550 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 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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