RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02244
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 25 Apr 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition (lower back injury) during the contested FA, which precluded him from obtaining a satisfactory overall rating.
The medical condition was disclosed and noted with a primary care provider before his AF Form 422 and AF Form 469 were submitted.
He was directed to complete the one mile walk test and the pain from standing around and waiting to start the FA cause his heart rate to elevate.
In support of his appeal, the applicant provided an AF Form 108 signed by his medical provider stating that there was a medical condition that precluded him from passing the FA and recommended invalidation of the FA.
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 technical sergeant (E-6).
On 25 Apr 13, the applicant participated in the contested FA and attained a composite score 26.33 unsatisfactory.
The applicants last five FA results are as follows:
Date
Composite Score
Rating
24 Jul 13
80.33
Satisfactory
*25 Apr 13
26.33
Unsatisfactory
12 Oct 12
82.33
Satisfactory
28 Mar 12
85.44
Satisfactory
30 Dec 11
72.00
Unsatisfactory
* Contested FA
On 2 Jan 14 a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to Insufficient evidence, specifically AF Form 422.
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).
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request for removal of FA dated 25 Apr 13. Although the applicant was medically evaluated after the FA, the Commander did not sign the AF Form 108, recommending invalidation of the FA.
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 26 Nov 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
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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. 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 stating he had a medical condition; however, it was not signed by his commander, nor was a letter provided from the commander requesting the FA be invalidated. Moreover, the applicants submission does not contain any AF Forms 422s stating his profile exemptions 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. Should the applicant provide such evidence, we would be willing to reconsider his request.
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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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-02244 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 29 Apr 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 9 Dec 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Jan 14.
XXXXXXXX
Chair
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