RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01591

	XXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs), dated 17 Nov 2011 and 26 Mar 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.

In support of his appeal, the applicant submitted a personal statement indicating that his most recent knee surgery in Sept 2011 and the fact he was tested on an incorrect profile, resulted in the two FA failures.  He claims there is an issue with communication between the medical provider and the fitness program manager (FPM), since the FPM is located at a different base.  This in turn often results in receiving incorrect AF Form 422s, Notification of Air Force Member’s Qualification Status.  

Furthermore, after each assessment his orthopedic surgeon signed a memorandum stating the medical condition precluded him from passing the FAs. He also indicated that his squadron commander had tried to invalidate the tests, but instead, he (the applicant) was told he had to go through the board of corrections to have the assessments removed from AFFMS.

The applicant provided documentation validating his medical condition including; six AF FM 422s; five AF FM 469s; two medical evaluation letters signed by his medical provider; and a memo from his commander withdrawing a previously issued Letter of Reprimand (LOR) issued for his 17 Nov 11 FA failure.  

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

The applicant was serving in the Regular Air Force in the grade of Technical Sergeant (E-6) at the time of the contested FAs.  

The applicant is no longer in the Air Force and therefore the contested test scores from the FAs, dated 17 Nov 2011 and 26 Mar 2012, cannot be confirmed in AFFMS, nor can the specific reasons for the applicant’s FA failure.

On 27 Jul 2011 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the AC measurement, cardio, push-up, and sit-up components of the FA from 21 Jul 11 to 25 Aug 11.

15 Aug 2011, an AF Form 469, Duty Limiting Condition Report, was initiated from his Medical Provider, which could exempt the applicant from the cardio and push-up components of the FA. The release date for the recommendations was 1 Oct 11.

Examiners Note: The AF Form 469 is used by the Air Force medical community to notify a commander of medical concerns not to remove a member from unit fitness training or testing.  The AF Form 422 is used by an exercise physiologist to prescribe fitness recommendations and FA exemptions. 

IAW AFI 10-203, Para 2.7.5.1 "AF Form 469 will not be used to remove a member from unit fitness training or testing. Members with a functional limitation which impacts unit fitness greater than 30 days or members with an impending fitness test in less than 30 days will report to the Fitness Program Manager (FPM) at the Health and Wellness Center (HAWC) for testing exemption and exercise prescription evaluation. AF Form 422A will be used to document exercise program evaluations performed at the HAWC by the FPM." 

On 24 Aug 2011 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 from 15 Aug 11 to 1 Oct 11.

On 26 Sep 2011, an AF Form 469, Duty Limiting Condition Report, was initiated from his Medical Provider, which could exempt the applicant from the cardio and push-up components of the FA. The release date for the recommendations was 1 Dec 11.

On 26 Sep 2011 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the cardio and push-up components of the FA from 26 Sep 11 to 1 Dec 11.

On 17 Nov 2011, the applicant failed FA.

On 29 Nov 2011, a medical evaluation letter was signed by the same provider who issued the previous AF Form 469s. The letter states, “There are medical conditions that preclude this member from achieving a passing score on the Air Force fitness assessment.”

On 1 Dec 2011, an AF Form 469, Duty Limiting Condition Report, was initiated from his Medical Provider, which could exempt the applicant from the cardio and push-up components of the FA. The provider also wrote “Physical training at own pace.  No fitness testing.” The release date for the recommendations was 1 Feb 12.

On 2 Dec 2011 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the AC Measurement, cardio, sit-up and push-up components of the FA from 1 Dec 11 to 1 Feb 12.

On 4 Jan 12, the applicant’s commander issued a memo withdrawing a Letter of Reprimand (LOR) previously issued for his 17 Nov 11 FA failure.  The letter indicates the reason for his commander’s decision was based on a medical examination, where the applicant’s provider noted that medical conditions precluded him from achieving a passing score on his FA.  

On 6 Feb 2012, an AF Form 469, Duty Limiting Condition Report, was initiated from his Medical Provider, which could exempt the applicant from the push-up component and the 1.5 mile run, but indicates that the member maybe cleared for the 1 mile walk portion of the cardio component.  The provider also wrote “Physical training at own pace. May engage in progressive jogging/walking program at own pace. Expect fit for full duty by end of this period.” The release date for the recommendations was 1 Apr 12.

On 15 Feb 2012 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the sit-up and push-up components of the FA from 6 Feb 12 to 1 Apr 12.

On 26 Mar 2012, the applicant failed FA.

On 27 Mar 2012, a medical evaluation letter was signed by the same provider who issued the previous AF Form 469s. The letter states, “There are medical conditions that preclude this member from achieving a passing score on the Air Force fitness assessment.”

On 2 Apr 2012, an AF Form 469, Duty Limiting Condition Report, was initiated from his Medical Provider, which could exempt the applicant from the cardio component of the FA. The provider also wrote “Physical training at own pace. Continued chronic knee complaints.” The release date for the recommendations was 1 Jun 12.

On 4 Apr 2012 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the cardio component of the FA from 4 Apr 12 to 1 Jun 12.

On 2 Jan 14, a similar request was granted by the Fitness Assessments Appeals Board (FAAB). Specifically, the FAAB directed that, “The pertinent Air Fore Fitness Management System (AFFMS) records are updated to reflect the FA(s) dated 17 Nov 11 and 26 Mar 12 is corrected to reflect Exempt from AC component.”  


According to AFI 36-2905; 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;” and Atch 1, Para 13 “If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results.”
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends the applicants 17 Nov 11 FA be corrected, stating “He has provided documentation from the JET demonstrating the test to be invalid.” 

DPSIM further recommends denial of the applicant’s request to remove the FA dated 26 Mar 12, due to a lack of supporting documentation. DPSIM references AFI 36-2905_AFGM2, dated 1 Jul 11, paragraph 13. "If the medical evaluation validates the illness/injury, the Unit commander may invalidate the test results." However, the applicant has not provided documentation from the Unit Commander invalidating the 26 Mar 12 FA. 

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 24 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief.  While the applicant contends he had a medical condition that precluded him from successfully completing two of his FAs, 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 sufficient evidence has been provided to warrant removal of only one FA from his records.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he has met his burden of establishing the contested FA, dated 17 Nov 11 should be declared void. In this respect, we note the AF Forms 422, the letter from his medical provider, and the Letter of Reprimand (LOR) withdrawal letter from his commander, indicating his medical condition precluded him from passing the FA, dated 17 Nov 11.  With regard to the FA dated, 26 Mar 12, we considered the AF Forms 422 and the letter from his medical provider indicating he had a medical condition; however, no support from the commander was provided requesting the FA be invalidated.  Moreover, the applicant’s submission does not contain 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 for the FA dated 26 Mar 12.  Therefore, in view of the above and in absence of evidence to the contrary, we recommend granting partial relief and request the applicant’s records be corrected as indicated below.
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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment (FA), dated 17 Nov 2011 be declared void and removed from the Air Force Fitness Management System (AFFMS).

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The following members of the Board considered AFBCMR Docket Number BC-2013-01591 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	, Chair
	, Vice Chair
	, Member







All members voted to partially correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01591 was considered:

     Exhibit A.  DD Form 149, dated 15 Jul 12, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 6 Dec 13 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.
	



                                   XXXXXXX
                                   Chair