RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03220
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessments (FAs) dated 29 Oct 10, 28 Oct 11, and
16 Nov 12 be declared void and removed from the Air Force
Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a pre-existing medical condition that precluded him from
obtaining overall satisfactory ratings on the contested FAs.
In support of his appeal, the applicant submits two Medical
Condition Determination letters signed by his medical provider
on 15 Oct 12 and 25 Feb 13, indicating he had a documented
medical condition that precluded him from achieving a passing
score in a non-exempt portion of the contested FAs.
The applicants complete submission, with attachments, 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 Oct 10, the applicant participated in a FA, attaining an
overall composite score of 34.75, which constituted an
unsatisfactory assessment. The applicant was credited with
the following component scores: Cardio Exempt, Abdominal
Circumference 43.00/1.90 points, Push-ups 31/6.50, Sit-ups
37/5.50.
On 28 Oct 11, the applicant participated in a FA, attaining an
overall composite score of 71.33, which constituted an
unsatisfactory assessment. The applicant was credited with
the following component scores: Cardio 39/42.30, Abdominal
Circumference 37.50/15.10 points, Push-ups 33/6.80, Sit-ups
Exempt.
On 16 Nov 12, the applicant participated in a FA, attaining an
overall composite score of 68.00, which constituted an
unsatisfactory assessment. The applicant was credited with
the following component scores: Cardio 38/39.30, Abdominal
Circumference 37.50/15.10 points, Push-ups 33/6.80, Sit-ups
Exempt.
On 14 Feb 14, a similar request was considered and denied by the
Fitness Assessments Appeals Board (FAAB), stating The applicant
had a pre-existing injury that was validated by medical, but the
AF Form 108 did not indicate what the medical injury was. Also,
there was no evidence the commander wanted to invalidate the
Fitness Assessment.
Examiners Note: The FAAB references an AF Form 108, Physical
Fitness Education and Intervention Processing, as documentation
of the applicants medical condition. However, the initial
package (not including the applicants rebuttal) submitted to the
BCMR does not include an AF Form 108, instead the applicant
provides the two Medical Condition Determination letters
referenced above in the applicants contentions.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to
change the contested FA in AFFMS due to the lack of supporting
evidence.
DPSIM references AFI 36-2905, Fitness Program (dated 1 Jul 10)
AFGM 2.1(dated 26 Jun 12) Paragraph 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". The applicant did not provide any medical
documentation stating there was a condition present that
precluded him from passing the contested FAs. Additionally, he
did not provide an invalidation memorandum from his Commander
requesting the contested FAs be removed from the AFFMS.
Examiners Note: AFPC/DPSIM states the applicant did not take an
FA on 20 Oct 11; however, this was a typo in the DD Form 149.
The applicant clarifies in his response to the Air Force
Evaluation that the FA he is contesting was dated 28 Oct 11.
A complete copy of the AFPC/DPSIM evaluation, with attachments,
is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to the FAABs statement, the AF Form 108 did not
indicate what the medical injury was he explains the lack of
detail on the AF Form 108 is due to a lack of guidance and
knowledge on the process by him and his chain-of-command.
Furthermore, he contends that in his initial submission he
provided two different Medical Condition Determination letters
from his medical provider in the format provided by AFI 36-2905.
However, the format of the memorandum does not indicate that the
medical provider needs to explain the diagnosis; just that he
had a medical condition that precluded him from passing the
contested FAs.
In further support of his appeal, the applicant provides a
letter from his commander requesting the contested FAs be
removed from AFFMS, two AF Forms 108 that show medical
documentation was not recorded on the AF Form 108s; and a
resubmission of the two Medical Condition Determination
letters that he provided in his original submission.
A complete copy of the applicants response is at 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. 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
applicants contentions, we believe he has met his burden of
establishing the contested FAs should be declared void. In this
respect, we note that in response to the Air Force evaluation,
the applicant submits a letter from his commander requesting the
contested FAs be removed. In view of this and noting the
Medical Determination Letters from his medical provider, we
find a sufficient basis to recommend favorable consideration of
this request. Therefore, based on the foregoing, we recommend
the applicants records be corrected as indicated below.
_______________________________________________________________
?
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 Assessments, dated 29 Oct 10, 28 Oct 11, and 16 Nov 12
be declared void and removed from the Air Force Fitness
Management System.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03220 in Executive Session on 30 Apr 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jun 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 30 Dec 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Mar 14.
Exhibit D. Letter, Applicant, dated 31 Mar 14, w/atchs.
Panel Chair
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