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AF | BCMR | CY2013 | BC 2013 02264
Original file (BC 2013 02264.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02264

XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 7 Dec 11 be declared void and removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition (gall bladder surgery 4 Nov 11)) 30 days before his contested FA, which precluded him from obtaining a satisfactory overall rating.

His profile expiration date was 16 Dec 11 and his MTL had him perform push-ups and an abdominal circumference (AC) measurement since it was not on his profile any longer.

He states his waist was still swollen from his surgery and was not provided a Fitness Screening Questionnaire prior to the contested FA to indicate whether he was ready to test.  

In support of his appeal the applicant provides a hospital bill, dated 8 Nov 2011 indicating he had gall bladder surgery. 

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 07 Dec 11, the applicant participated in the contested FA and attained a composite score of 63.00 unsatisfactory.









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

Date 
Composite Score
Rating
09 Oct 13
86.88
Satisfactory
14 Mar 13
85.30
Satisfactory
20 Sep 12
77.00
Satisfactory
20 Mar 12
84.40
Satisfactory
*07 Dec 11
63.00
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).

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 to remove FA dated 7 Dec 11, due in part to the lack of supporting evidence to include the Commander’s memo 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 was forwarded to the applicant on 24 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 a hospital bill indicating 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 applicant’s submission does not contain an AF Form 422, stating his profile exemptions; a “Medical Determination Letter” from his primary medical care provider, indicating he had a medical condition; and a letter from the commander, requesting the FA be invalidated.  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-2013-02264 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 8 Mar 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 9 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   XXXXXXXX
                                   Chair	



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