RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01787

	XXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Fitness Assessments (FAs), dated 10 Oct 12 and 28 Feb 13 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 that precluded him from obtaining overall satisfactory ratings on the contested FAs.

In support of the appeal, the applicant submits a personal statement indicating he had a “spinal fusion of his 4-5 vertebrae in May 2011, a total knee replacement in August of 2011, and a torn rotator cuff that hasn’t been addressed except to diagnose that it requires surgery.”  More specifically, he was having ongoing medical issues after his knee replacement, including being referred to the wrong medical professionals and misdiagnoses of his medical condition.  Due to the pain in his legs and the amount of time it took him to receive the correct medical procedure, it prevented him from being able to properly exercise for more than a year.  

In addition he provides 4 entries from his medical records and 3 referral documents for different medical appointments starting 27 Jan 12 and continuing through 18 Mar 2013.

The medical documents mentioned above validates the applicant had a medical condition that precluded him from achieving a passing score on the contested FA.  

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 10 Oct 12, the applicant failed the first contested FA with a composite score of 72.00.  Data in AFFMS indicates that he was exempt from all components, except the Abdominal Circumference (AC).  

On 27 Jan 2012, the applicant was seen by his Primary Care Manager (PCM) for the pain in his legs.  The PCM referred him to a vascular surgeon for possible intermittent claudication.

On 29 Jan 2012, a referral request was authorized for the patient to set up an appointment with South Georgia Surgical Clinics.

On 19 Jul 2012, the applicant requested a new referral for a vascular surgeon that is in the local area.

On 23 Jul 2012 a new referral request was authorized for the applicant to set up an appointment with South Georgia Vein Center.

On 3 Jan 2013, the applicants PCM indicated on his health record that he was sent to a pain center instead of an arterial vascular surgeon and didn’t receive the required ABIs and arterial imaging for proper diagnoses.  The PCM referred him to a vascular surgeon for possible intermittent claudication.

On 16 Jan 2013, a referral request was authorized for the patient to set up an appointment with South Georgia Surgical Clinics.

On 28 Feb 13, the applicant failed the second contested FA with a composite score of 67.50. Data in AFFMS indicates that he was exempt from all components, except the Abdominal Circumference (AC).  
  
The applicant’s last 5 FA results are as follows:

Date 
Composite Score
AC Measurement
Rating
17 Jul 2013
79.00
37.00”
Satisfactory
*28 Feb 13
67.50
38.50”
Unsatisfactory
*10 Oct 12	
72.00
38.00”
Unsatisfactory
27 Feb 12
82.00
36.50”
Satisfactory
14 Dec 10
79.00
37.00”
Satisfactory
*Contested FAs

A similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) on 16 Dec 13 due to “Insufficient evidence; specifically, an AF Form 422 and medical documents.” 
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial due to lack of supporting evidence.  DPSIM indicates he has not provided documentation from his medical provider stating his medical condition would prevent him from achieving a passing score on the contested FA. Additionally, there is no documentation from the Unit Commander indicating his/her decision to invalidate the FAs in question. 
IAW AFI 36-2905 AFGM4 dated 26 Jun 12, paragraph 10.a, "If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results."       

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:

On 27 Jan 2014, the applicant responded to the Air Force evaluation and submitted multiple AF FM 422s and FM 469s indicating he was cleared only for the AC component of the contested FAs and was extremely restricted on the amount of exercise he was allowed to do.  The applicant states, that when he cannot exercise, he slowly gains weight, no matter how much he diets and has proven when he has the ability to exercise he can achieve a healthy weight and a passing score.  Therefore the profiles validate the severity of his medical condition, which precluded him from passing the AC component and achieving an overall satisfactory score on the contested FAs.     

A complete copy of the applicant’s response, with attachments, 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 for the FAs dated 10 Oct 12 and 28 Feb 13. 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 provided medical documentation validating his condition, he has not met his burden of proving this condition precluded him from successfully completing the contested FA.  In this respect, the applicant failed to provide a letter from his medical provider stating how his medical condition prevented him from passing the AC component of the contested FA. IAW AFI 36-2905, Paragraph 2.10.4 “AC will be performed on all members, unless exempted by medical provider.” Additionally, we note the applicant’s response to the Air Force evaluation and the AF FM 422s and AF FM 469s provided; however, there is no indication that the applicant was exempt from the AC component of the FA.  Moreover, the applicant’s submission does not contain support from his commander supporting his request to have the FAs invalidated or the Fitness Screening Questionnaire he was required to complete prior to completing 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 that the FAs dated 10 Oct 12 and 28 Feb 13, 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01787 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 4 Mar 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 25 Sep 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 10 Jan 14.
	Exhibit D.  Letter, Applicant, dated 27 Jan 14, w/atchs.




                                   XXXXXX
                                   Chair