RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01688
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA) dated 31 Jan 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
Due to shoulder injury, he was unable to successfully obtain a minimum passing score on the cardio component of the contested FA. He was exempt from push-ups and sit-ups but should have also been exempt from running.
In support of the appeal, the applicant submits 5 Mar 13 memo from PCM to 20 ASOS/CC.
The applicants 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 31 Jan 12, the applicant participated in the contested FA and attained an unsatisfactory score (72.63) completing the Cardio and Abdominal Circumference components.
On 1 Feb 12 (1 days following contested FA), the applicant saw PCM concerning his shoulder and was exempt from running, crunches, and push-ups.
On 16 Dec 13, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant failed to provide sufficient evidence (i.e. AF Form 422).
The applicants last six FA results are as follows:
Date
Composite Score
Rating
3 Mar 14
85.00
Satisfactory (Exempt from Cardio/PU/SU)
9 Sep 13
96.38
Excellent (Exempt from PU/SU)
7 Mar 13
87.63
Satisfactory (Exempt from PU/SU)
11 Sep 12
82.00
Satisfactory (Exempt from PU/SU)
30 Apr 12
82.00
Satisfactory (Exempt from Cardio/PU/SU)
*31 Jan 12
72.63
Unsatisfactory (Exempt from PU/SU)
* Contested FA
In accordance with guidance at the time of contested FA, AFI 36-2905_AFGM3 (3 Jan 12), Attachment 1, Section 10, 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.
In accordance with guidance at the time of contested FA, AFI 36-2905 (1 Jul 10), Paragraph 2.3.2., All members must complete the FSQ prior to FA (Attachment 4).
In accordance with guidance at the time of contested FA, AFI 36-2905 (1 Jul 10), Attachment 4, Fitness Screening Questionnaire:
1. Have you experienced any of the symptoms/problems listed below and not been medically evaluated and cleared for unrestricted participation in a physical training program?
- Unexplained chest discomfort with or without exertion
- Unusual or unexplained shortness of breath
- Dizziness, fainting, or blackouts associated with exertion
- Other medical problems that may prevent you from safely participating in this test
- Yes: Stop. Notify your UFPM and contact your PCP/MLO for evaluation/ recommendations (or for ARC, contact the MLO for Duty Limiting Conditions (DLC) documentation and referral to PCP).
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial and states, in part, that he did not provide documentation of an invalidation memorandum from the unit commander.
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:
A copy of the Air Force evaluation was forwarded to the applicant on 24 Dec 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. 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 a letter from his medical provider indicating he had a medical condition, he has not met his burden of proving the contested FA should be removed from his records. In this respect, we note the applicants submission does not contain sufficient documentation to include; support from his commander requesting the FA be invalidated; an AF Form 422 exempting him from the contested FA; or the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment. 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 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01688 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Mar 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 27 Sep 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 24 Dec 13.
XXXXXXXX
Panel Chair
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