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AF | BCMR | CY2013 | BC 2013 02960
Original file (BC 2013 02960.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02960

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO 

_______________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA) dated 26 Oct 11 be removed from the 
Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition that prevented him from attaining a 
passing score on the contested FA.  He was unjustly required to 
complete the 1.0 mile walk.

An AF Form 422, Notification of Members Qualification Status, 
dated 5 Oct 11, stating “cleared: Ht, Wt, AC, 1.0 mile walk” 
should have included a restriction from the walking portion of 
the test.  He contends that 4 months later an AF Form 422 and AF 
Form 469 Duty Limiting Report, issued for the same condition, 
restricted him from the walking portion of the FA.

A letter, requested by his CC, from the wing medical group dated 
10 Sep 12 indicates he had a documented medical condition which 
precluded him from passing the contested FA.

As further evidence of a preexisting medical condition he 
submits:

An AF Form 469 dated 6 Jan 12 with the following restrictions: 
No running greater than 150 yds, No running greater than 150 
yds.

An AF Form 422 dated 20 Jan 12 with the following statement: 
“Cleared for the following AF Fitness assessment components: Ht, 
Wt, AC, push-ups, crunches.”

An AF Form 469 dated 30 Sep 11 with the following restrictions: 
No running/repetitive high impact lower extremities greater than 
150 yds, no sit ups/frequent or repetitive bending or twisting 
at the waist, no push-ups. 

An AF Form 422 dated 5 Oct 11 with the following statement: 
“Cleared for the following AF Fitness assessment components: Ht, 
Wt, AC, 1.0 mile walk.”

The applicant’s complete submission, with attachments, is at 
Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

The applicant served as a Technical Sergeant (E-6) in the 
regular Air Force during the matter under review.

On 26 Oct 11, the applicant participated in the contested FA and 
attained an overall composite score of 60.50, constituting an 
unsatisfactory fitness level.  

On 2 Jan 14, the Fitness Assessment Appeals Board (FAAB) denied 
relief to the applicant indicating that there was insufficient 
evidence (specifically a commanders request to remove the 
contested FA) to support his claim.

In accordance with (IAW) AFI36-2905 Fitness Program AFGM2.1 (1 
Jul 11) 2.10.4. Scoring for exemptions: Members with a DLC 
prohibiting them from performing one or more components of the 
FA will have a composite score calculated on the assessed 
components.  Members must achieve a minimum of 75 adjusted 
points, based on points available, and meet minimum component 
standards in order to receive a “Satisfactory” rating.  The 
composite score of the contested FA with the 1.0 mile walk 
removed is 63.00, unsatisfactory.

IAW AFI 36-2905_AFGM2.1 (1 Jul 11) 2.3 All members must complete 
the FSQ prior to FA.  The FSQ should be completed no earlier 
than 30 calendar days, but NLT 7 days prior to FA to provide 
time for medical evaluation, when indicated.  Failure to 
complete FSQ does not invalidate the FA.  A medical provider 
must evaluate all members with health issues identified on the 
FSQ prior to the FA.  Member must notify the UFPM of the 
assessment/training clearance status from the provider.
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is no 
documentation provided by the applicant’s commander to 
invalidate the contested FA.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit B.
________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation 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.	Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
partial relief.  The office of primary responsibility (OPR) 
recommends denial of the request for lack of supporting 
evidence; specifically, a letter from his commander requesting 
the FA be invalidated; however we disagree.  While we note there 
is no “Commander Invalidation Letter,” we give great weight to 
the letter from his medical provider indicating that he did in 
fact have a medical condition that prevented him from passing a 
non-exempt portion of the contested FA.  Additionally, we are 
sufficiently persuaded by a totality of the evidence before us, 
that his AF FM 422 should have also restricted him from the 
cardio component of the assessment.  In view of this, we find 
the FA should not be declared void, but rather he should be 
exempt from the cardio component of the contested FA.  Should 
the applicant provide additional evidence to support his 
contention the entire FA should be declared void, we would be 
willing to reconsider this request.  However, in view of the 
above and in the absence of evidence to the contrary, we find no 
basis to do so at this time.  Therefore, we recommend his 
records be corrected as indicated below.
________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that the 
Fitness Assessment, dated 26 Oct 11, be amended in the Air Force 
Fitness Management System (AFFMS) to reflect that he was 
“Exempt” from the cardio component.
________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02960 in Executive Session on 30 Apr 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member




All members voted to correct the records, as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-02960 was considered:

		Exhibit A.  DD Form 149, dated 12 Jun 13, w/atchs.
		Exhibit B.  Memorandum, AFPC/DPSIM, dated 12 Dec 13, w/atchs.
		Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14.




                                   
                                   Panel Chair

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