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AF | BCMR | CY2013 | BC 2013 02521
Original file (BC 2013 02521.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02521

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA), dated 3 Apr 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition that precluded him from obtaining an overall satisfactory rating in a non-exempt component of the contested FA.

In support of the appeal, the applicant submits a personal statement indicating that during the 1-mile walk component of the FA he was overcome by a violent cough.  At the end of the test he noticed his heart rate was recorded at 180 BPM (Beats Per Minute) during the 1-mile walk, which he felt was due to the cough.  Immediately following the test, he set up an appointment to see his medical provider and informed his supervisor and first sergeant.  His first sergeant told the applicant that he would inform the FAC (Fitness Assessment Cell) administrators not to input the test scores until after the medical assessment was complete. However, by that time it was too late and the FAC had already inputted his FA score into AFFMS. 

Along with his personal statement, the applicant provided a memorandum from his medical provider that validates he had a medical condition that precluded him from achieving a passing score on the contested FA.  

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 3 Apr 13 the applicant participated in the contested FA and obtained an overall unsatisfactory score of 33.30. Additionally, the applicant scored 0.00 points, instead of the minimum required 39.3 points in the cardio component for males between the ages of 30-39.  

On 4 Apr 13, the applicants first sergeant sent a memorandum to his medical provider, asking for a determination on whether his medical condition precluded him from achieving a passing score on the FA. On that same memorandum, the applicant’s medical provider indicated he had a “documented medical condition that precluded him/her from achieving a passing score in a non-exempt portion of the FA test.”  

IAW AFI 36-2905; Atch 1, Para 10, “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.”
  
The applicant’s last 5 FA results are as follows:

Date 
Composite Score
Cardio
Rating
2 Jul 2013
84.40
44.90
Satisfactory
*3 Apr 2013
33.33
0.00
Unsatisfactory
12 Sep 2012
84.40
44.90
Satisfactory
21 Mar 2012
98.75
Exempt
Excellent
10 Aug 2011
100.00
Exempt
Excellent
*Contested FA

A similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) on 7 Jan 14 due to “Insufficient evidence; specifically no commander invalidation.” 
______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial to remove the FA dated 3 Apr 2013 in AFFMS due to lack of supporting evidence.  DPSIM indicates the applicant did provide documentation reflecting he was medically evaluated; however, did not provide an invalidation letter from Commander. 

IAW AFI 36-2905, Fitness Program (dated 1 July 2010) AFGM 5 (dated 3 Jan 2013) Paragraph 10: "If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results".

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 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.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he had a medical condition that precluded him from obtaining an overall satisfactory rating on the contested FA.  While the applicant has provided medical documentation confirming the 3 Apr 13 diagnosis of his condition, he has not met his burden of proving this condition precluded him from successfully completing the contested FA.  In this respect, we note the 4 Apr 13 memorandum from the applicant’s medical provider indicating he had a medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test. However, the applicant’s submission does not contain any support from his commander requesting the FA be invalidated,  AF Forms 422 exempting him from the contested FA, or 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 FA dated 3 Apr 13, did not demonstrate the existence of material error or injustice; 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-2013-02521 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 3 Apr 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 13 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   XXXXXXXX
                                   Chair	



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