RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02592

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 24 Oct 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

He had a medical condition that precluded him from obtaining an overall satisfactory rating on the contested FA. More specifically, the morning of the initial fitness assessment, he was experiencing abdominal discomfort due to chronic gas and constipation, which resulted in an Abdominal Circumference (AC) measurement of 40.”  

On 29 Oct 12, his PCM prescribed him anti-gas and stool softening medication.  Two days later, he took a practice assessment and passed with an AC measurement of 38.”  A week later, he received permission from his commander to retest and passed an official FA with an AC measurement of 38.5.” If it were not for his medical condition or had he been prescribed the anti-gas medication prior to the contested FA, he would have passed. 

In support of his request, the applicant provides a Standard Form 600, Chronological Record of Medical Care and a copy of the Memorandum for the Fitness Assessment Cell (FAC) from his Commander. 

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Technical Sergeant (E-6).

On 24 Oct 12, the applicant participated in a FA, attaining an overall composite score of 0.00, which constituted an “unsatisfactory” assessment.
A Standard Form 600, Chronological Record of Medical Care, dated 29 Oct 12, shows that the applicant was seen by his medical provider for chronic gas, abdominal discomfort, and constipation.  Additionally, his medical provider indicates that the applicant was on a weight loss program and was taking an inhaled steroid which can cause increase Adiposity (increase in body fat). The provider prescribed the applicant medication to help with constipation and notes that the waist measurement be waived thru 31 Dec 12.  

On 5 Nov 12, a memorandum was sent to the Fitness Assessment Cell (FAC) from the applicant’s Commander, authorizing him to re-accomplish the FA. Additionally, the commander states, “he failed the waist measurement portion of the test and scored a 0 due to a medical condition that has been resolved.”

On 6 Nov 12 the applicant participated in a FA, attaining an overall composite score of 83.30, which constituted a “satisfactory” assessment.

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.”

The applicant’s last 5 FA results are as follows:

Date 
Composite Score
AC Measurement
Rating
2 Aug 2013
82.20
38.00”
Satisfactory
15 May 2013
16.50
39.50”
Unsatisfactory
6 Nov 2012
83.30
38.50”
Satisfactory
*24 Oct 2012
0.00
40.00”
Unsatisfactory
30 Jul 2012
74.10
39.00”
Unsatisfactory
*Annotates Contested FA:

On 7 Jan 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of “member should have went to sick call instead of taking their Fitness Assessment.”  
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FAs 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 Jun2012) Paragraph 10.a: "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 (EP). If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.”  The applicant did not provide a statement from his provider stating that he had a medical issue that precluded him from passing his FA on 24 October 12.  

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
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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).
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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 indicating the 24 Oct 12 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 Standard Form 600, Chronological Record of Medical Care, dated 29 Oct 2012 indicating chronic gas, abdominal discomfort, and constipation; however, a letter from his medical provider stating his medical condition precluded him from achieving a passing score was not provided. Additionally, we note the letter from the applicant’s commander authorizing him to reaccomplish another FA prior to the 42 day re-test date, but it does not invalidate the contested FA.  Moreover the applicant’s submission does not contain any 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.
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THE BOARD DETERMINES THAT:

The applicant be notified that the FA dated 24 Oct 12, 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-02592 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 15 May 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 17 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   XXXXXXXX
                                   Chair