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AF | BCMR | CY2013 | BC 2013 03033
Original file (BC 2013 03033.txt) Auto-classification: Denied

                 RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03033

			COUNSEL:None 
			HEARING DESIRED: NO

 

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA) dated 29 Nov 2012 be declared void 
and removed from the Air Force Fitness Management  System 
(AFFMS).

APPLICANT CONTENDS THAT:

A misdiagnosed knee injury precluded him from achieving a 
passing score during the contested FA.

In support of the appeal, the applicant submits a Memorandum For 
Record dated 10 May 13 from his medical provider, indicating he 
had a three-year history of knee pain that started after 
sustaining a fall and developed pain during the sit-up component 
of the contested FA. An MRI showed degenerative change of the 
meniscus. He completed therapy in 2010 and 2012.  He was placed 
on a no run or sit-up profile, but still had pain when walking 
during the contested FA and failed his test. He was referred to 
an orthopedist, underwent surgical meniscus repair on 15 Feb 13, 
and as of 10 May 13 was still undergoing postoperative 
rehabilitation.

The applicant’s complete submission, with attachment, 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 29 Nov 2012, applicant participated in the contested FA and 
attained an unsatisfactory score (23.56) after failing to 
complete the cardio portion of the test.

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


Date
Composite 
Score
Rating
19 Aug 13
69.67
Unsatisfactory
*23 May 13
70.67
Unsatisfactory
25 Feb 13
73.33
Unsatisfactory
29 Nov 12
23.56
Unsatisfactory
14 Aug 12
9.25
Unsatisfactory

* Contested FA
In accordance with guidance at the time of contested FA, AFI 36- 
2905_AFGM4 (26 Jun 12), Attachment 1, Section 10, “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.” Additionally, Paragraph a states, “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. If the FA is 
invalidated, the Airman will be required to retest on all non- 
exempt FA components within five duty days from original FA test 
date. If an AF Form 422 is required, an additional five duty 
days will be allowed for the AF Form 422 to be generated and 
provided. NOTE: Original FA will count unless rendered invalid 
by the Unit Commander.”


 

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial and states in part, that he did not 
provide documentation of an invalidation memorandum from the 
unit commander.

A complete copy of the AFPC/DPSIM evaluation, with attachments, 
is at Exhibit C.

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the	Air Force evaluation was forwarded to the applicant 
on 21 Feb 14  for review and comment within 30 days.

As of this date, no response has been received by this office 
(Exhibit D).


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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. While the applicant 
has provided a statement from his medical provider indicating he 
had a three-year history of knee pain that started after 
sustaining a fall and developed pain during the sit-up component 
of the contested FA, he has not met his burden of proving the 
contested FA should be removed from the AFFMS. In this respect, 
we note the applicant has not provided a letter of support or 
invalidation memorandum from the commander. Should the 
applicant provide such evidence, 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 compelling 
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; 
the application was denied without a personal appearance; and 
the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not 
considered with this application.

 

Due to the unavailability of XXXXXXXXXXXXX, XXXXXXXXXXXXXXXXX has 
signed as Acting Panel Chair. The following members of the 
Board considered AFBCMR Docket Number BC-2013-03033 in Executive 
Session on 21 May 14, under the provisions of AFI 36-2603:

	, Chair
	, Member 
	, Member




The	following	documentary	evidence	was	
considered	in	AFBCMR  Docket Number BC-2013-03033:


Exhibit A. DD Form 149, dated 21 Jun 13, w/atch.
Exhibit B. Memorandum, AFPC/DPSIM, dated 13 Dec 13, w/atchs. 
Exhibit C. Letter, SAF/MRBR, dated 28 Feb 14.



				
				Acting Panel Chair


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