RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02951

	XXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 25 Jan 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

She had a pre-existing medical condition that precluded her from obtaining an overall satisfactory rating on the contested FA.  

In support of her appeal, she submitted a personal memorandum indicating that she previously had a medical issue with shin splints. At the time she started the test, she felt she was capable of successfully completing the FA, but during the cardio component her medical issue resurfaced. When the test was complete she immediately reported to the hospital for evaluation.  However, she was not advised or aware that she had to request the Fitness Assessment Cell (FAC) to not input her score into AFFMS.  Specifically, the verbal instructions that were given prior to the test only gave instructions on what to do if someone became ill, not if they were injured during the test.

The applicant provided documentation validating her medical condition including; an AF FM 469, Duty Limiting Condition Report; an AF FM 422 Notification of Air Force Member’s Qualification Status; a medical evaluation letter signed by her medical provider; and her Enlisted Performance Evaluation (EPR) with a close-out date of 1 Apr 13, which indicates she “Meets” the fitness standard at the close-out of her report.

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

The applicant was serving in the Regular Air Force in the grade of Master Sergeant (E-7) at the time of the contested FA.  

On 25 Jan 13, the applicant participated in the contested FA.  She was eligible to test on all components and received an overall “Unsatisfactory” rating.  

On 25 Jan 13 an AF Form 469, Duty Limiting Condition Report, was initiated from her Medical Provider, indicating that she had leg restrictions and should avoid strenuous and high impact activity.  The release date for the recommendations was 25 Mar 13.

On 7 Mar 13 an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued exempting the applicant from the cardio and push-up components of the FA.  The release date for the FA exemptions was 4 Apr 13.

On 29 Mar 13 a medical evaluation letter was signed by her medical provider, indicating she was previously on a profile that expired in Dec 2012 for the same medical condition.  Additionally, the letter indicates that her provider believed her “Shin splints re-occurred on her PT test because she exerted herself too soon without giving herself enough time to develop a tolerance to running.”

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.”

On 1 Mar 13, the applicant participated in an FA. She was exempt from the cardio and push-up components and received an overall “Excellent” rating.   
  
On 1 Apr 13, the applicant's EPR closed out and was marked with “Meets” standards for the Fitness portion of her evaluation.



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

Date 
Composite Score
Rating
11 Mar 13
92.00
Excellent
*25 Jan 13
38.20
Unsatisfactory
30 Jul 12
78.70
Satisfactory
30 Jan 12
78.70
Satisfactory
20 Dec 12
100.00
Excellent
*Contested FA:

On 2 Jan 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), due to “Insufficient evidence; specifically no commander invalidation and member completed Fitness Assessment.” 
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the FA dated 25 Jan 13, due to a lack of supporting evidence. DPSIM references AFI 36-2905_AFGM5, dated 3 Jan 13, paragraph 10b. "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.” She has not provided documentation from the Unit Commander indicating his/her decision to invalidate the FA.

A complete copy of the AFPC/DPSIM evaluation, with attachment, 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 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 25 Jan 13 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 29 Mar 13 memorandum from the applicant’s medical provider indicates she had a related injury, but does not clarify how it impacted her ability to achieve a passing score on her FA.  Although the applicant notes that her 1 Apr 13 EPR indicates she “Meets” the fitness standard, this was based on her successful completion of the 11 Mar 13 FA – her most recent FA score as of the close-out of the report.  We also considered the AF Form 469 and AF Form 422; however, these documents did not exempt her from the contested 25 Jan 13 FA, as they were issued after-the-fact. Moreover, the applicant’s submission does not contain a letter from her commander requesting the FA be invalidated 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.
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THE BOARD DETERMINES THAT:

The applicant be notified that the FA dated 25 Jan 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-02951 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXX, Chair
	Ms. XXXXX, Vice Chair
	Ms. XXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Jan 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 17 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   XXXXX
                                   Chair