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AF | BCMR | CY2013 | BC 2013 01652
Original file (BC 2013 01652.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01652

	XXXXXXXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 25 Jan 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

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

Specifically, she was diagnosed with a “vocal cord dysfunction,” “chronis rhinitis,” and a “deviated septum” (requiring surgery), all causing decreased airway and throat function.  This medical condition existed during the contested FA, but not diagnosed until after the test was complete.  The decreased airway and throat function was the primary factor in his lower than normal fitness score.  He has provided documentation validating his medical condition including; AF Form 108, Physical Fitness Education and Intervention Processing; and AF Form 422, Notification of Air Force Member’s Qualification Status. 

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 25 Jan 13, the applicant participated in the contested FA and obtained a composite score of 68.90.

On 7 Feb 13, 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 7 Feb 13 to 26 Apr 13 (expiration date includes 42 day reconditioning period).

On 19 March 2013, an AF Form 108, Physical Fitness Education and Intervention Processing, was signed by the applicants medical provider, certifying that he had a medical condition which precluded him from achieving a passing score his FA.

IAW AFI 36-2905; Para 9.4.5. a “Medical provider will sign AF Form 108 if member is referred for medical evaluation following an Unsatisfactory score. Members with Unsatisfactory scores may be scheduled for a medical evaluation to determine if there are possible medical indicators that prohibit program success;” Attch 1, Para 10a, “If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results;” 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.”

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

Date 
Composite Score
Rating
20 May 13
88.25 
Satisfactory(Exempt from Cardio)
*25 Jan 13
68.90
Unsatisfactory
16 May 12	
74.00
Unsatisfactory
28 Oct 11
85.90
Satisfactory
28 Apr 11
82.80
Satisfactory
*Contested FA
_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends approval of the applicant’s request to correct FA dated 25 Jan 13, stating the “evidence provided by applicant does conclusively support contention.” 

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 8 Nov 13 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, 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 met his burden of establishing the contested FA should be removed from his record.  In this respect, we note the AF Form 108 signed by his medical provider and his commander.  Although the AF Form 108 is used as a training tool, we recognize that his medical provider indicated that a medical condition precluded him from achieving a passing FA score and a signature from his commander supporting the FA be invalidated. Given the applicant’s medical condition and the documentation provided, we find a totality of the evidence supports favorable consideration of this request.  Therefore, we recommend the applicant’s records be corrected as indicated below.
________________________________________________________________

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 25 Jan 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-01652 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXXXXXXXXX, Chair
	Ms. XXXXXXXXXXXXXX Vice Chair
	Ms. XXXXXXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01652 was considered:

     Exhibit A.  DD Form 149, dated 29 Mar 13, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 18 Mar 14.
     Exhibit C.  Letter, SAF/MRBR, dated 8 Nov 13.




                                   XXXXXXX
                                   Chair	

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