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AF | BCMR | CY2013 | BC 2013 02839
Original file (BC 2013 02839.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02839

	XXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 20 Nov 12 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 achieving a passing score in a non-exempt portion of the FA.  

In support of his claim, the applicant has submits; a letter from his medical provider, dated 17 May 13 indicating that he had a documented medical condition that precluded him from a passing score; and VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, reflecting that he requested a copy of his medical documents from the Department of Veterans Affairs.     

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 Staff Sergeant (E-5).

On 20 Nov 12, the applicant participated in a FA, attaining an overall composite score of 32.80, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – Incomplete (INC)/0.00, Abdominal Circumference – 36.00”/17.00 points, Push-ups – 65/9.50 points, Sit-ups – 43/6.30 points.

A list of the applicant’s last five FA results is as follows: 

Date 
Composite Score
Rating
19 Jul 13
93.00
Excellent
16 May 13
36.50
Unsatisfactory
19 Feb 13
35.30
Unsatisfactory
*20 Nov 12
32.80
Unsatisfactory
22 May 12
88.75
Satisfactory
*Contested FA

On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of “Insufficient evidence; specifically AF Form 422 and medical documents.”  
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the FA dated 20 Nov 12 in 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), Paragraph 10. "If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results.” The applicant did not provide documentation from the Unit Commander indicating his/her decision to invalidate the FA.

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 10 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 20 Nov 12 diagnosis of his condition, he has not met his burden of proving this condition prevented him from successfully completing the contested FA.  In this respect, we note the 17 May 13 memorandum from the applicant’s medical provider indicating he had a documented medical condition that precluded him from achieving a passing score on a non-exempt portion of his FA. 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 20 Nov 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-2013-02839 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXX, Chair
	Ms. XXXXXXX, Vice Chair
	Ms. XXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 May 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 26 Nov 13,
	            w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 10 Jan 14.




                                   XXXXXXX
                                   Chair	


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