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AF | BCMR | CY2013 | BC 2013 03063
Original file (BC 2013 03063.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03063

XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA), dated 29 Apr 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured while taking the contested FA and did not finish the assessment. The score for the contested FA should never been input into the AFFMS.

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

STATEMENT OF FACTS:

The applicant is currently serving as a Senior Airman (E-4) in the Regular Air Force.

On 29 April 13 the applicant participated in and received an unsatisfactory composite score of 23.00 on the contested FA. He received an incomplete for the Cardio and Sit-up portions of the assessment.

A similar request was denied by the Fitness Assessment Appeals Board (FAAB) on 14 Feb 14 for the following reason:  “The applicant’s injury was not validated by medical personnel [and] there was no indication the commander wanted to invalidate the Fitness Assemsment. Also there is no evidecnce the medical personnel established an AF Form 422 resulting from the injury.  

In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM5 (3 Jan 13), 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.  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.

IAW AFI 36-2905_ AFGM5 (3 Jan 13), paragraphs 2.3.2 through 2.3.2.2 All members must complete the Fitness Screening Questionnaire (FSQ) prior to FA.  The FSQ should be completed no earlier than 30 calendar days, but no later than 7 days prior to FA to provide time for medical evaluation, when indicated; however, 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 Unit Fitness Program Manager (UFPM) of the assessment/training clearance status from the provider.
______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA.  The applicant did not provide any medical documentation or commanders invalidation request letter.

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 was forwarded to the applicant on 3 Mar 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.  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 that the applicant has not been the victim of an error or injustice.  While the applicant indicated he had a medical condition, he has not met his burden of proving the contested FA should be removed from his records. In this respect, we note the applicant’s submission does not contain sufficient documentation to include; a medical determination letter from his medical provider indicating a medical condition; support from his commander requesting the FA be invalidated; an AF Form 422 exempting him from the contested FA; or the Fitness Screening Questionnaire he was required to complete prior to participating in 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 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.
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-03063 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	XXXXXXXX, Panel Chair
	XXXXXXXX, Member
	XXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Jun  13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 13 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 3 Mar 14.




                                   XXXXXXXX
                                   Panel Chair

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