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 applicants 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 applicants 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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