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AF | BCMR | CY2013 | BC 2013 02538
Original file (BC 2013 02538.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02538

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 17 Jul 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

The contested FA was terminated because she was experiencing back pain while performing the push-up component.

After the termination of the FA, she was sent to the Medical Group, where she scheduled an appointment with her medical provider.  She then met with her medical provider the following day and it was determined that a medical issue had precluded her from obtaining an overall satisfactory rating on the contested FA. However, the score had already been entered into AFFMS as a failure and should be removed.  

In support of the appeal, the applicant provides a DD Form 2697, Report of Medical Assessment, dated 9 May 13, in which her medical provider confirms the she had back problems during the contested FA.  Specifically, the Push-up component of the test aggravated her back pain which caused her to not complete the Sit-up and Cardio components of 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 Airman First Class (E-3).

On 17 July 12, the applicant participated in a FA, attaining an overall composite score of 0.00, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores:  Cardio – Incomplete (INC)/0.00, Abdominal Circumference – 31.50”/20.00 points, Push-ups – 0/0.00 points, Sit-ups – 0/0.00 points.


IAW AFI 36-2905; Atch 1, Para 10. “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;” Atch 1, Para 10a. “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 5 duty days or when capable based on the recommendations of the medical provider/MLO and the Exercise Physiologist. If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided;” Para 2.12.3. “If a member is unable to complete any required portion of the AF Fitness Program (e.g., FA, FIP session, intervention classes), the member must receive written waiver/approval (Table 4.3.) from the Unit CC;” and Atch 1, Para 13. “If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results.”

A complete list of the applicant’s FA results is: 

Date 
Composite Score
Rating
16 Aug 13
91.11
Excellent
1 Jul 13
Exempt
Exempt
19 Apr 13
67.50
Unsatisfactory
17 Jan 13
69.30
Unsatisfactory
19 Oct 12
22.22
Unsatisfactory
*17 Jul 12
20.00
Unsatisfactory
23 Jan 12
84.50
Satisfactory
* Contested FA

On 7 Jan 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of “Insufficient docs (ex. Commander memorandum, medical docs, or FAC memorandum).” 
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA from AFFMS, due to the lack of supporting evidence.  

DPSIM references AFI 36-2905, Fitness Program (dated 1 July 10) AFGM 2.1(dated 26 Jun 12) "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."  Applicant did provide documentation from a medical provider stating there was a medical condition that precluded her from achieving a passing FA; however, she did not provide a letter from the Commander invalidating the FA test scores. 

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 attachment, 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 she had a medical condition that precluded her from obtaining an overall satisfactory rating on the contested FA.  While the applicant has provided medical documentation confirming the 17 Jul 12 diagnosis of her condition, she has not met her burden of proving how this condition precluded her from successfully completing the contested FA.  In this respect, we note the 9 May 13 memorandum from the applicant’s medical provider indicating she had a medical condition that precluded her 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 her commander requesting the FA be invalidated,  AF Forms 422 exempting her from the contested FA, or the Fitness Screening Questionnaire she was required to complete prior to completing the assessment.  Should the applicant provide such evidence, we would be willing to reconsider her 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; 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-2013-02538 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 9 May 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 17 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   XXXXXXXX
                                   Chair


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