RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01643

	XXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 14 Aug 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

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

At the time of the FA the applicant had a 422, Notification of Air Force Member’s Qualification Status, that exempted him from the cardio component.  However, he also had a condition with his stomach that prevented him from completing the sit-up component.  After the contested FA, he received another AF FM 422, with the additional exemptions.  

The medical condition has been validated through; an AF FM 422, Notification of Air Force Member’s Qualification Status and a FA Test Failure memorandum signed by his medical provider.  

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 Master Sergeant (E-7).

On 6 Aug 12, the applicant was issued an AF Form 422 Notification of Air Force Member’s Qualification Status, from 8 Aug 12 to 30 Sep 12, exempting the applicant from 1.5 mile run and the 1.0 mile walk components of the test. The applicant was cleared for the sit-up, push-up and AC components of the test. 

IAW AFI 36-2905, Para 2.10.4 “Members with a duty limiting condition (DLC) prohibiting them from performing one or more components of the FA will have a composite score calculated on the assessed components.”

On 14 Aug 12, the applicant participated in the contested FA and was tested on the sit-up, push-up and AC components of the test.  He attained an overall “unsatisfactory” rating with a composite score of 61.5.  

On 7 November 2012, the applicant was issued an AF Form 422, Notification of Air Force Member’s Qualification Status, from 7 Nov 12 to 28 Nov 12, exempting the applicant from the 1.5 mile run, the 1.0 mile walk, and the sit-up components of the test. The applicant was cleared for the push-up and abdominal circumference (AC) components of the test.

On 20 Feb 13, a FA Test Failure memorandum was sent from the applicants first sergeant to his medical provider in order to determine whether a medical condition was the cause for the FA failure. The medical provider signed the memorandum and indicated a medical condition precluded him from achieving a passing score on the contested FA. 

IAW AFI 36-2905; Attach 1, para 10, “If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results; and para 2.12.36, “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 from the Unit CC.”

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.” 
______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to correct FA dated 14 Aug 12, stating the applicant was tested within his profile.   

DPSIM references that the applicant received certification from the medical authority that a pre-existing condition precluded him from achieving a passing score; however, did not provide a commander invalidation memo in accordance with AFI 36-2905, AFGM 4. 

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, with attachment, was forwarded to the applicant on 10 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 14 Aug 12 diagnosis of his 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 letter from the applicant’s medical provider indicates he had a medical condition; however no letter from the commander was provided requesting the FA be invalidated. We also considered the AF Forms 422; however, based on the 422 issued on 6 Aug 12 the applicant tested on all appropriate components of the FA and the 422 issued after the contested FA on 7 Nov 12 indicates an exemption from the sit-up component, but even with this exemption the applicant still would not have passed the FA.  Moreover, the applicant’s submission does not contain the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment. Should the applicant provide such evidence to the contrary, we would be willing to reconsider his request.  However, in view of the above and in the absence of sufficient relevant evidence, we find no basis to recommend granting the relief sought in this application.
________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the FA dated 14 Aug 12, 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-2013-01643 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXXX, Chair
	Ms. XXXXXX, Vice Chair
	Ms. XXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Mar 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 17 Mar 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 10 Jan 14.
	




                                   XXXXXXXX
                                   Chair