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AF | BCMR | CY2013 | BC 2013 02331
Original file (BC 2013 02331.txt) Auto-classification: Approved
                   RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02331

	XXXXXXX		COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA) dated 28 Feb 13 be declared void and 
removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

Due to a knee injury, sustained during the FA, he was unable to 
obtain a minimum passing score the contested FA.

In support of the appeal, the applicant submits memoranda a 
clinical physician assistant and his Flight Superintendent.

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 28 Feb 13, the applicant participated in the contested FA and 
attained an unsatisfactory score (73.90) completing all four 
components.

On 1 Mar 13, AF Form 422 restricted applicant from 1.5 mile run 
and 1 mile walk.

On 2 Jan 14, a similar request was considered and denied by the 
Fitness Assessment Appeals Board (FAAB), on the basis the 
applicant did not provide sufficient evidence; specifically AF 
Form 422.






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

Date 
Composite 
Score
Rating
22 Nov 13
87.75
Satisfactory (Exempt from Cardio)
31 May 13
86.00
Satisfactory (Exempt from Cardio)
* 28 Feb 13
73.90
Unsatisfactory (Total Score)
10 Aug 12
77.25
Satisfactory (Exempt from Cardio)
31 Jan 12
79.50
Satisfactory

* Contested FA

In accordance with guidance at the time of contested FA, AFI 36-
2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph a., 
“If an Airman notifies the FAC of the presence of an 
illness/injury, the FAC staff (or UFPM where no FAC exists) will 
not input the scores in AFFMS for the time period specified 
below. For RegAF and AGR Airmen, the FAC (or UFPM where no FAC 
exists) will enter the FA results in AFFMS on the 6th duty day 
if the Commander does not invalidate test results or no response 
from the Commander is received within this timeframe. For non-
AGR and Traditional ARC Airmen, the FAC (or UFPM where no FAC 
exists) will enter scores into AFFMS at the conclusion of the 
next UTA if the Commander does not invalidate the test results 
or no response from the Commander is received within this 
timeframe.”

In accordance with guidance at the time of contested FA, AFI 36-
2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph b., 
“If the medical evaluation validates the illness/injury and 
provides supporting medical documentation, the Unit Commander 
may invalidate the FA results by notifying the FAC in writing. 
If the FA is invalidated, the Airman will be required to retest 
on all non-exempt FA components within five duty days from 
original FA test date. If an AF Form 422 is required, an 
additional five duty days will be allowed for the AF Form 422 to 
be generated and provided. Non-AGR and Traditional ARC Airmen 
will be required to retest the next date they are in appropriate 
military duty status and official FAs are being conducted. NOTE: 
Original FA will count unless rendered invalid by the Unit 
Commander.”

In accordance with guidance at the time of contested FA, AFI 36-
2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph c., 
“Airmen should notify their Commander within one duty day of the 
FA regarding the injury/illness to ensure communication 
regarding test validity with the MTF and FAC staff occurs prior 
to score entry into AFFMS.”

________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial and states, in part, that although 
the applicant had documentation from the medical provider 
stating there was a valid medical condition, he did not provide 
an invalidation letter from the unit commander.

A complete copy of the AFPC/DPSIM evaluation, with attachments, 
is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 Feb 14, applicant provided a memorandum in rebuttal of 
AFPC/DPSIM and FAAB memoranda.

In further support of his appeal, the applicant provided an AF 
Form 422 (1 Mar 13) that restricted him from 1.5 mile run and 1 
mile walk.  He also stated that he returned to the Fitness 
Assessment Cell 40 minutes after the contested FA to inform them 
about the injury but the results were already input into AFFMS.

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

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing 
law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we believe he has met his burden of 
establishing the contested FA should be declared void. The Air 
Force Office of primary responsibility (OPR) disapproved the 
request, stating while there was evidence to support his medical 
condition, a commander invalidation letter was not provided and 
the FAAB concurred with the OPR recommending denial.  While we 
note an invalidation letter from the commander was not 
submitted, we recognize; the letter from the applicant’s 
supervisor supporting his request; the letter signed by the 
applicant’s medical provider indicating, that he did in fact 
have a medical injury that precluded him from passing the 
contested FA; and the AF Form 422, date 1 day after the 
contested FA, exempting him from the cardio component.  Given 
his medical provider’s recommendation to invalidate the FA, the 
letter from his supervisor, and the AF Form 422 we find a 
totality of the evidence supports favorable consideration of 
this request. Therefore, we recommend the applicant’s records be 
corrected as indicated below.
________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that the 
Fitness Assessment, dated 28 February 2013 be declared void and 
removed from the Air Force Fitness Management System.
________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02331 in Executive Session on 30 Apr 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

A majority of the Board voted to correct the records, as 
recommended.  xxxxxxxxxxx voted to deny the application and has 
provided a Minority Report which is at Exhibit E.  The following 
documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 Mar 12, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 24 Nov 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 10 Jan 14.
	Exhibit D.  Letter, Applicant, dated 10 Feb 14, w/atchs.
	Exhibit E.  Minority Report, dated 24 Jun 14.




                                   Panel Chair

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