RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03075

	XXXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 15 Apr 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

She sprained her right knee during the cardio component (1-mile walk) of the contested FA. After completing the cardio portion of the test, the applicant participated in the sit-up component, but failed due to her injury. 

In support of her appeal, the applicant submits; a VA Form 10-5345, Request for and Authorization to Release Medical Records; and an AF Form 108, Physical Fitness Education and Intervention Processing, signed by the applicant’s medical provider indicating that she was treated for a sprained knee and could not have successfully achieved and overall satisfactory rating on the contested FA. 

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

On the date of the contested FA the applicant was serving in the Regular Air Force in the grade of Airman First Class (E-3).

On 15 Apr 13, the applicant participated in a FA, attaining an overall composite score of 81.00, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio (1-mile walk) – 42/57.60, Abdominal Circumference – 34.00”/15.20 points, Push-ups – 30/8.20 points, Sit-ups – 25/00.00 points.


A list of the applicant’s FAs since she entered the service is as follows: 

Date 
Composite Score
Sit-Ups
Rating
3 Jul 13
75.67
Exempt
Satisfactory
*15 Apr 13
81.00
25/0.00
Unsatisfactory
23 Nov 12
87.10
38/6.00
Satisfactory
16 Apr 12
84.10
42/7.50
Satisfactory
*Contested FA

On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis that, “The applicant’s injury was validated by the applicant’s medical provider, but there was no indication the commander wanted to invalidate the Fitness Assessment. Also, the medical provider did not establish an AF Form 422 resulting from the injury.”

IAW AFI 36-2905, Para 9.4.1. “Unit CC or equivalent will use the AF Form 108 as a tool to document mandatory education and intervention requirements. The failure of command or command representatives to sign, annotate, or otherwise complete the AF Form 108 in no way lessens the member’s overarching responsibility for his/her own fitness and compliance with AF fitness standards.” Para 9.4.5. “Medical provider will sign AF Form 108 if member is referred for medical evaluation following an Unsatisfactory score. Members with Unsatisfactory scores may be scheduled for a medical evaluation to determine if there are possible medical indicators that prohibit program success.”
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA in AFFMS due to the lack of supporting evidence. Specifically, the documentation from the Unit Commander indicating his/her decision to invalidate the FA. 

DPSIM references AFI 36-2905, Fitness Program AFGM 5 (dated 3 Jan 13) Paragraph 10. "If an Airman becomes injured or ill during the FA, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) whether they complete the FA or not. Before departing the test location, Airmen must notify the FAC of the presence of an illness/injury." and Paragraph lOb "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."

A complete copy of the AFPC/DPSIM evaluation, with attachments, 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 20 Sep 13 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, a majority of the Board believe she has met her burden of establishing the contested FA should be declared void. The FAAB disapproved the request, stating that while there was evidence to support her medical condition a commander invalidation letter was not provided and AFPC/DPSIM recommends denial based on a lack of supporting evidence.  While the applicant has not provided a letter from her commander recommending the FA be invalidated, she has provided an AF Form 108 signed by her medical provider stating that she was treated for a sprained knee and could not have successfully achieved and overall satisfactory rating on the contested FA.  In view of this and noting that other than the contested FA, her FA history reflects “Satisfactory” on all FAs to date, a majority of the Board finds a totality of the evidence supports favorable consideration of this request.  Therefore, the majority of the Board recommends the applicant’s records be corrected as indicated below.
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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 15 Apr 13 be declared void and removed from the Air Force Fitness Management System.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03075 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

By majority vote, the Board voted to correct the records, as recommended.  XXXXXXXXXX voted to deny the applicant's request and has submitted a minority report which is at Exhibit D. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03075 was considered:

	Exhibit A.  DD Form 149, dated 15 Jun 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 13 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 14.
	Exhibit D.  Minority Report, dated 24 Jun 14. 



                                   XXXXXXXXXX
                                   Panel Chair