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 applicants 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 applicants 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 applicants 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
applicants 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 applicants
supervisor supporting his request; the letter signed by the
applicants 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 providers 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 applicants 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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