RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01664

	XXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The cardio (3-Mile Walk) component of the Fitness Assessment (FA), dated 25 Mar 10 be removed and the FA, dated 2 Sep 10 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, specifically lower back pain that exempted him from walking and running extended periods of time.  This condition precluded him from passing the 3-mile walk and obtaining an overall satisfactory rating on the FA dated, 25 Mar 10. In this respect he should have never had to retest and take the FA dated, 2 Sep 10, which in turn resulted in an overall unsatisfactory rating.   

In support of his appeal the applicant submits; AF FM 422, Certification of Air Force Member’s Qualification Status; two AF FM 469s, Duty Limiting Condition Reports; and several DD FM 1351-2s, Travel Vouchers.  These documents indicate that the applicant had a medical condition which should have exempted him from the cardio component of the FA, dated 25 Mar 10 and would have prevented all subsequent actions, to include the 2 Sep 2010 FA failure. 
  
Furthermore, after the applicant failed the first contested FA, he was enrolled in the Fitness Improvement Program (FIP) and IAW the AFI should retest within 90 days of the failure. However, on 18 Apr 10 the member was deployed until 8 Jul 10, which placed him outside the 90 day window for retest.  During the deployment and in accordance with the AFI, he was exempted from having a current FA score.  In this respect, when the member returned from his deployment he was considered “Not Current,” but IAW AFI 36-2905, “is allowed 42 days after his return to train and is then required to complete the FA.”  The member contends that he should have been scheduled to retest on 21 Aug 2010 (42 days after his return from deployment), but was scheduled for a 2 Sep 2010 FA instead.

The applicant’s complete submission, with attachments, 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 Master Sergeant (E-7).

On 15 Jan 2010, an AF Form 469, Duty Limiting Condition Report, was initiated from his Medical Provider with the following recommendations; no running over 100 yards; no pushing, pulling, lifting over 20lbs; no repetitive bending at the waist; and no prolonged standing, marching or walking over 20 minutes.  The release date for the recommendations was 12 Feb 10.

On 4 Mar 2010, an AF Form 469 Duty Limiting Condition Report, was initiated from his Medical Provider and recommended no running more than a 1/2 mile at any one time. The release date for the recommendations was 1 Apr 10

On 23 Mar 2010 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the 1.5 mile run and cycle ergometry portions of the cardio component.  However, he was cleared to test on the 3-mile walk, as well as, the push-up, sit-up, and AC measurement components.  The release date for recommendations was 1 Apr 2010. 

On 25 Mar 2010, the applicant participated in the contested FA, attaining a composite score of 64.00, resulting in a “poor” assessment. 

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." 

An unsigned, DD Form 1351-2, Travel Voucher, dated 18 Apr to 27 Jun (Year Not Listed) was provided by the applicant.  The travel voucher indicates a possible deployment from Shaw AFB to Al Dhafra Air Base. 
 
On 2 Sep 2010, the applicant participated in the contested FA, attaining a composite score of 61.90, resulting in a “poor” assessment. 

IAW AFI 36-2905, AFGM 1, dated 1 July 2010, Para 1.21.8., “exempted members returning from deployment are assessed after the period of acclimatization (42 days from return to home station for RegAF) unless member requests to assess earlier.”

On 7 Jan 2014, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), due to “Insufficient evidence; specifically no commander invalidation.”
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to correct or remove the contested FAs from AFFMS, due to the lack of supporting evidence.  DPSIM comments that the documentation provided by the applicant did not exempt him from completing the 3-mile walk on 25 Mar 10. Furthermore, the applicant was eligible to re-test on 2 Sep 2010, since it had been more than 42 days from his return on deployment.   

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He cannot control how local policy issues the AF FM 469s and AF FM 422s and was not cleared to do any form of physical fitness until the Exercise Program Manager wrote the AF FM 422, which was only 2 days prior to the FA dated 25 Mar 10.  Furthermore, the AF FM 469 states “no running greater than a half a mile,” for which the applicant contends if he can’t run a half mile, then it is reasonable to assume that he can’t successfully pass a 3-mile walk test, especially in the 2-day time period we was given to prepare.  Therefore, he requests that the cardio portion of the 25 Mar 10 FA be removed, which in-turn would prevent the domino effect of his FA failure on 2 Sep 10, since he would have been current on his FA prior to his deployment.     

A complete copy of the applicant’s response is at Exhibit D.
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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.  In this respect, we considered the AF Form 469, which clearly states no running and the AF FM 422 that confirms he was on a profile for the 25 Mar 10 FA, but nothing indicates that he was exempt from the 3-mile walk.  In regards to the 2 Sep 10 FA, we note the unsigned, DD Form 1351-2, Travel Voucher, dated 18 Apr to 27 Jun (Year Not Listed) indicating a possible deployment from Shaw Air Force Base to Al Dhafra Air Base; however the timeframe of when the applicant returned and the date of the contested FA, places the applicant well outside the 42-day acclimation period and did not exempt him from the test.  Furthermore, we note the applicant’s response to the Air Force evaluation and his contention that his medical condition and the 2-day time period to prepare precluded him from passing the FA. However, the submission does not contain any additional documentation from his medical provider stating that his medical condition prevented him from passing the 3-mile walk or the Fitness Screening Questionnaire he was required to complete prior to participating in the FAs, which would have indicated whether he had a “health condition not addressed in a Physical Profile (AF Form 422).” Moreover, the applicant’s submission does not contain support from his commander requesting the FAs be invalidated.  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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2013-01644 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	XXXXX, Chair
	XXXXX, Vice Chair
	XXXXX, Member


The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01644 was considered:

	Exhibit A.  DD Form 149, dated 24 Mar 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 18 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 27 Jan 14.
	Exhibit D.  Letter, Applicant, dated 7 Feb 14.




                                   XXXXX
                                   Chair