RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03347

	XXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs), dated 31 Jul 12 and 21 Nov 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

Starting in December of 2011, she had a pre-existing medical condition, involving severe muscle and joint pain in her extremities, which precluded her from attaining a passing score on the contested FAs.

In support of her appeal, the applicant provided a letter from her medical provider supporting her claim of a pre-existing medical condition.  Furthermore, the medical provider requests the FA conducted on 31 Jul 12 be waived due to debilitating stress induced muscle and joint pain. Additionally, he indicated that had he known that the applicant was scheduled for an FA, he would have placed her on a profile.

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

The applicant is currently serving as a Master Sergeant (E-7) in the Regular Air Force.

On 31 Jul 12, the applicant participated in the contested FA, attaining an overall composite score of 71.90, which constituted an unsatisfactory assessment.  The applicant retested on 21 Nov 12 and received an unsatisfactory composite score of 18.13. 



The applicant’s last five FA results are: 

Date 
Composite Score
Rating
18 Mar 13
76.00
Satisfactory
*21 Nov 12
18.13
Unsatisfactory
*31 Jul 12
71.90
Unsatisfactory
9 Jan 12
81.67
Satisfactory
29 Jun 11
80.80
Satisfactory
* Contested FA

On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis of “Insufficient docs (ex. Commander memorandum, medical docs, or FAC memorandum).”

In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM3 (3 Jan 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.  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_AFGM3 (3 Jan 12), 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.  The provider completes the bottom portion of the FSQ or the Medical Clearance Letter (MCL) if the member has no limitations and an AF Form 469, if applicable. 
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FAs from AFFMS, due to the lack of supporting evidence.  

DPSIM references AFI 36-2905 (AFGM3), paragraph 10, dated 3 Jan 12.  The applicant submitted neither an AF Form 422, Notification of Air Force Member's Qualification Status, nor documentation from her commander requesting the test be waived. 

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 3 Mar 14 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 warranting partial relief.  While the applicant contends she had a medical condition that precluded her from successfully completing two of her FAs, we believe she has met her burden of establishing that only the FA dated, 31 Jul 12 should be declared void.  The office of primary responsibility (OPR) recommends denial of the request due to a lack of supporting evidence, specifically, a commander invalidation memorandum.  While we note an invalidation letter from the commander was not submitted a letter from her medical provider, dated 30 Oct 2012, indicates that a medical condition did in fact preclude her from passing the 31 Jul 12 FA.  In regards to the FA dated 21 Nov 12, her test scores indicate that she was exempt from certain components of the FA and there is insufficient evidence to support that she was not tested within the limits of her profile.  In this respect, we note the letter from her medical provider was dated more than 20 days prior to the November FA, which provided more than adequate time to ensure that she was testing on the correct profile.  Therefore we cannot conclusively support approval of removing the 21 Nov 12 FA. Should the applicant provide such evidence, we would be willing to reconsider this portion of her request.  Therefore, in view of the above and in absence of evidence to the contrary, we recommend 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 31 Jul 12, be declared void and removed from the Air Force Fitness Management System (AFFMS). 
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The following members of the Board considered AFBCMR Docket Number BC-2013-03347 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	XXXXXXXXX, Panel Chair
	XXXXXXXXX, Member
	XXXXXXXXX, Member

All members voted to correct the records, as recommended partial relief.  The following documentary evidence was considered:

		Exhibit A.  DD Form 149, dated 9 Jul 13, w/atchs.
		Exhibit B.  Memorandum, AFPC/DPSIM, dated 31 Dec 13, w/atchs.
		Exhibit C.  Letter, SAF/MRBR, dated 3 Mar 14.




                                   XXXXXXXXX
                                   Panel Chair