RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03162

	XXXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

She was unable to successfully obtain a minimum passing score on the abdominal circumference (AC) component of the contested FA due to hypothyroidism.  She was exempt from the cardio, push-up, and sit-up components but should have also been exempt from abdominal circumference (AC) component.

In support of the appeal, the applicant submits a 10 Jun 13 memorandum from her Endocrinologist and an AF Form 469.

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

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STATEMENT OF FACTS:

On the date the application was submitted the applicant was serving as a Major (O-4) in the Regular Air Force.

On 29 May 13, the applicant participated in the contested FA, completing the abdominal circumference (AC) component only, as she was exempt from the other components.  She attained an unsatisfactory score (0.0).

An AF Form 469, Duty Limiting Condition Report, accomplished on 13 Jun 13 but back-dated to 20 Mar 13 indicates two separate FA profiles for the applicant.  The first profile, transcribed on 3 Apr 13 and expiring on 2 July 13, exempts her from all components, except the AC component.  The second profile, transcribed on 11 Jun 13 and expiring on 1 Dec 13, is a composite exemption and limits her from participating in all components of the FA, including the AC component. 

A letter provided by the applicant and signed by her civilian medical doctor on 10 Jun 13 indicates that she has hypothyroidism, which can contribute to her weight gain.  Additionally, she says that her condition precluded her from passing the test dated 29 May 13 and recommends that it be cancelled (removed).

On 25 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant failed to provide sufficient evidence that supported the impact on the contested FA.

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

Date 
Composite Score
AC Component
Rating
11 Jun 13
Exempt
Exempt
Exempt all four categories
*29 May 13
0.0
36.00”/0.00
Unsatisfactory (Exempt from Cardio/PU/SU)
29 Oct 12
85.50
32.50”/17.10
Satisfactory (Exempt from Cardio/PU/SU)
23 Apr 12
100.00
31.00”/20.00
Excellent (Exempt from Cardio/PU/SU)
31 Oct 11
79.50
33.50”/15.90
Satisfactory (Exempt from Cardio/PU/SU)
* Contested FA

In accordance with guidance at the time of contested FA, AFI 36-2905, Paragraph 2.3.2., “All members must complete the FSQ prior to FA (Attachment 4).”

In accordance with guidance at the time of contested FA, AFI 36-2905 (1 Jul 10), Attachment 4, Fitness Screening Questionnaire:  
“1. Have you experienced any of the symptoms/problems listed below and not been medically evaluated and cleared for unrestricted participation in a physical training program?
- Unexplained chest discomfort with or without exertion
- Unusual or unexplained shortness of breath
- Dizziness, fainting, or blackouts associated with exertion
- Other medical problems that may prevent you from safely participating in this test
     - Yes: Stop. Notify your UFPM and contact your PCP/MLO for evaluation/ recommendations (or for ARC, contact the MLO for Duty Limiting Conditions (DLC) documentation and referral to PCP).”

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial and states, in part, that she 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 B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 May 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 has provided medical documentation confirming the diagnosis of her condition, she has not met her burden of proving the contested FA should be removed from her records.  In this respect, we note the letter from the applicant’s medical provider indicates she had a medical condition; however, no letter from the commander was provided requesting the FA be invalidated. We also considered the AF Form 469; however, this document does not exempt her from the AC component of the contested FA, as it was issued after-the-fact. Moreover, the applicant’s submission does not contain the Fitness Screening Questionnaire she was required to complete prior to participating in the assessment. Should the applicant provide such evidence, we would be willing to reconsider her 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.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-03162 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Jun 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 11 Apr 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 20 May 14.