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AF | BCMR | CY2013 | BC 2013 01784
Original file (BC 2013 01784.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01784

XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 26 Jul 11 be declared void and removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition during the contested FA, which precluded him from obtaining a satisfactory overall rating.

He had brain surgery and later incurred a staph infection which required an additional surgery prior to his FA.

He was unable to perform any physical activity while recovering from surgery.

In support of his appeal, the applicant submits pictures of his brain tumor and the stitches in his head during recovery; and an AF FM 108, “Physical Fitness Education and Intervention Processing,” dated 4 Feb 13 signed by his medical provider indicating he had a medical condition precluding him from achieving a passing fitness score on an FA dated 28 Jan 13. 
  
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 26 Jul 11, the applicant participated in the contested FA and was exempt from all components except the Abdominal Circumference, attaining an unsatisfactory composite score of 67.50, because his AC of 38.5 inches, exceeded the 37 inch maximum.  

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

Date 
Composite Score
Rating
28 Jan 13
0.00
Unsatisfactory
29 Oct 12
68.78
Unsatisfactory
30 Apr 12
88.00
Satisfactory
20 Oct 11
Exempt
Exempt
*26 Jul 11
67.50
Unsatisfactory
* Contested FA

On 16 Dec 13 a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to “Insufficient evidence, specifically no commander invalidation.”

In accordance with AFI 36-2905, Fitness Program, 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 within five days of the assessment.  If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results.  The Airman will then be required to retest within five duty days or when capable based on the recommendations of the medical provider and the Exercise Physiologist (EP).

In accordance with AFI 36-2905, Fitness Program, to determine overall fitness the Air Force uses an overall composite fitness score and minimum scores per three component areas:  Aerobic Fitness (1.5 mile run), Body Composition (abdominal circumference measurement), and Muscular Fitness (number of push-ups and sit-ups completed within one minute each).  Military members receive a composite score on a 0 to 100 scale based on the following maximum component scores: 60 points for aerobic, 20 points for body composition, 10 points for push-ups and 10 points for sit-ups.  To determine individual composite fitness scores the Air Force uses age and gender specific fitness score charts.  An unsatisfactory is a composite score less than 75 and/or one or more component minimums are not met.

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request due to lack of documentation from the commander recommending FA invalidation for medical reasons.  Although the applicant provided an AF Form 108, indicating he had a medical condition that precluded him from achieving a passing score on the 28 Jan 13 FA, he did not provide an invalidation memorandum from the commander.  

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 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 documentation indicating he had a medical 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 AF Form 108, signed by his medical provider; however, this indicates a medical condition for the FA dated 28 Jan 13, not the contested FA (.  Moreover, the applicant’s submission does not contain any AF Forms 422s stating his profile exemption, a letter from his commander requesting the FA be invalidated, and 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.  
 
________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-01784 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXXX, Chair
	Ms. XXXXXXXX, Vice Chair
	Ms. XXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Apr 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 15 Oct 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 10 Jan 14.




                                   XXXXXXXX
                                   Chair	



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