RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02001
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA), dated 14 Sep 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
__________________________________________________________
APPLICANT CONTENDS THAT:
He had a pre-existing medical condition that precluded him from obtaining an overall satisfactory rating on the contested FA.
He was exempt from the cardio portion of the test due to neuropathy in his legs. Additionally, he had an MRI for back pain prior to the test, but did not yet have the results at the time of the FA. While he was cleared to test on all components except the cardio portion, his back was in pain during the FA. He passed every applicable component of the test, but failed due to his overall score being 71.50. After the contested FA, results from his MRI came back showing a bulging disc was causing his back pain, which ultimately prevented him from passing.
In support of the appeal, the applicant submits a Letter of Counseling Rebuttal explaining to his commander that he has a history of back pain, has been diagnosed with stage three degenerative disc disease by his civilian chiropractor, and is attending physical therapy twice a week at the HAWC. He also states that he knew his back was hurting and should not be doing push-ups and sit-ups, but he let his pride get in the way of requesting to have those exemptions added to his profile.
The applicants complete submission, with attachment, is at Exhibit A.
_____________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of Airman First Class (E-3).
On 14 Sep 2012 the applicant participated in the contested FA. He was exempt from the cardio component and tested in the abdominal circumference, push-up, and sit-up components. The applicant achieved minimum standards within each component, but received an Unsatisfactory rating for his overall composite sore of 71.5.
On 21 Sep 2012 the applicant submitted a rebuttal letter to his commander in response to a Letter of Counseling (LOC) he received for failing the contested FA. In the letter he expresses his opinion, explaining how his medical condition and pride of admitting his physical limitations caused him to fail the FA.
The applicants last 5 FA results are as follows:
Date
Composite Score
Cardio Score
Rating
20 Dec 2013
81.75
Exempt
Satisfactory
11 Jun 2013
85.20
49.20
Satisfactory
13 Dec 2012
79.10
47.20
Satisfactory
*14 Sep 2012
71.50
Exempt
Unsatisfactory
15 Feb 2012
86.90
49.20
Satisfactory
*Contested FA
On 16 Dec 2013, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to Insufficient evidence; specifically AF Form 422 and medical documents.
_____________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial stating that the evidence provided by applicant does not conclusively support his contention. DPSIM references AFI 36-2905, Fitness Program, AFGM 4, dated 26 June 2012, Paragraph 10a., If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results. The applicant indicates he was well aware of his physical limitations from his back problems; however, no documentation was provided in support of an official medical diagnosis and/or recommendations regarding FA limitations. Additionally, no letter was provided by the Unit Commander invalidating the contested FA.
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 attachments, was forwarded to the applicant on 6 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 provided a personal statement indicating he had a medical 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 any medical documentation supporting his claim. Moreover, the applicants submission does not contain; a Medical Determination Letter from his medical provider along with support from his commander requesting the FA be invalidated; and 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.
________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-02001 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:
Ms. XXXXXXX, Chair
Ms. XXXXXXX, Vice Chair
Ms. XXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02001 was considered:
Exhibit A. DD Form 149, dated 21 Apr 13, w/atch.
Exhibit B. Memorandum, AFPC/DPSIM, dated 25 Sep 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 6 Jan 14.
XXXXXXX
Chair
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