RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03350
XXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA), dated 28 Feb 13 be removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was being treated for an injury to his left leg prior to the contested FA. During the cardio portion his injury manifested and he was unable to finish the assessment.
In support of his request, the applicant has submitted medical documents indicating that he was being seen by the base medical group for pain in his legs prior to the contested FA; that on 9 Jan 12 he was medically assessed for pain in both legs following the contested FA and on 14 Feb 13 his leg pain symptoms were identified in a post-Physical Health Assessment (PHA) examination and prescribed anti-inflammatory medication, i.e., Naproxen (Aleve).
The applicants 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 28 Feb 13 the applicant received an unsatisfactory score of 54.8 in the contested FA.
As of 28 Oct 13, the applicants preceding 5 FA results were as follows:
Date
Composite Score
Cardio Results
Rating
25 Apr 13
97.25
Exempt
Excellent
*28 Feb 13
39.50
15:10 / 0.00
Unsatisfactory
23 Feb 12
91.80
46 / 54.80
Excellent
25 Jul 11
80.80
13:17 / 42.30
Satisfactory
26 Apr 11
73.80
13:49 / 42.30
Unsatisfactory
*Contested FA
A similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB) on 14 Feb 14, due to lack a of supporting documentation, i.e., AF Form 422, commanders invalidation letter.
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 applicants request to remove the contested FA, citing the lack of a commanders letter IAW AFI 36-2905, (AFGM5), paragraph l0b, dated 3 Jan 13.
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, with attachments, was forwarded to the applicant on 3 Mar 14 for review and comment within 30 days. On 7 Apr 14 the applicant submitted a letter from his commander, with attachments, requesting that the contested FA be removed from the record (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. 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 FA should be declared void. The FAAB disapproved the request, stating there was insufficient evidence to support the request and AFPC/DPSIM recommends denial based on a lack of conclusive evidence, specifically a commanders invalidation letter. However, in response to the Air Force evaluation, the applicant submits a letter from his commander requesting the contested FA be invalidated. Given the applicant provided the updated documentation, along with the medical documentation submitted with his original application indicating he in fact did have a medical condition precluding him from passing, we find a totality of the evidence supports favorable consideration of this request. Therefore, 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 Assessment, dated 28 Feb 2013, be declared void and removed from the Air Force Fitness Management System.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-03350 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:
XXXXXXXXXXX, Panel Chair
XXXXXXXXXXX, Member
XXXXXXXXXXX, Member
All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03350 was considered:
Exhibit A. DD Form 149, dated 9 Jul 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 5 Dec 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 3 Mar 14.
XXXXXXXXXXX
Panel Chair
AF | BCMR | CY2013 | BC 2013 04034
On 14 Feb 14, the applicants request was considered and denied by the Fitness Assessment Appeals Board (FAAB). 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. Exhibit C. Letter, SAF/MRBR, dated 28 Feb 14.
AF | BCMR | CY2013 | BC 2013 02983
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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02983 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? Exhibit C. Letter,...
AF | BCMR | CY2013 | BC 2013 02467
On 2 Jan 14, the request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis of Insufficient evidence; specifically AF Form 422 and medical documentation from an Air Force doctor. 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...
AF | BCMR | CY2013 | BC 2013 03063
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. As of this date, no response has been received by this office (Exhibit C). In this respect, we note the applicants submission does not contain sufficient documentation to include; a medical determination letter from his medical provider indicating a medical condition; support...
AF | BCMR | CY2013 | BC 2013 04200
________________________________________________________________ APPLICANT CONTENDS THAT: He had a pre-existing medical condition, which should have placed him on profile during the contested FA In support of his appeal the applicant submits; a Medical Determination letter, signed by his medical provider on 30 Apr 13, which states the applicant had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test. The applicants...
AF | BCMR | CY2013 | BC 2013 03684
An AF Form 469 Duty Limiting Report issued after the contested FA supports his claim of an injury. The AF Form 469 also restricts him from the cardio portion of an FA for the period of 29 May 13 to 23 Jul 13. While an invalidation letter from the commander and an AF FM 422 was not submitted, a majority of the Board recognize the applicant submitted a personal statement and an AF Form 469 signed by his medical provider, indicating that he injured his ankle during the contested FA, which did...
AF | BCMR | CY2013 | BC 2013 04146
A similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant did not provide any documentation describing the injury and why he could not pass the contested FAs. If the FA is invalidated, the Airman will be required to retest on all non-exempt FA components within five duty days from original FA test date. NOTE: Original FA will count unless rendered invalid by the Unit Commander. In accordance with guidance at the time of...
AF | BCMR | CY2013 | BC 2013 03392
A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B. While the applicant has not provided a letter from his commander invalidating the FA, he has provided an AF Form 108 signed by his medical provider stating that he did in fact have a medical condition that precluded him from passing the contested FA. Therefore, the majority of the Board recommends the applicants records be corrected as indicated below.
AF | BCMR | CY2013 | BC 2013 04136
On 14 Jan 13 the applicant completed the contested FA with an unsatisfactory score. On 14 Feb 14, the applicants request was considered and partially granted by the Fitness Assessment Appeals Board (FAAB). 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.
AF | BCMR | CY2013 | BC 2013 03375
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03375 XXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 5 Mar 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). The FSQ should be completed no earlier than 30 calendar days, but no later than 7 days prior to FA to provide time...