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).
________________________________________________________________
APPLICANT CONTENDS THAT:
She had a preexisting medical condition involving abdominal/pelvic pain which precluded her from attaining a passing score on the contested FA.
On 16 Apr 13 she was medically examined and found to have signs of endometriosis. If the condition had been identified before her FA she would have been exempted from portions of FA and consequently been able to pass the assessment.
Her medical records show on 16 Apr 13 she underwent a surgical physical examination: laparoscopic lysis of adhesions and biopsy. The post-operative diagnosis was chronic pelvic pain, mild pelvic adhesions, and suspected endometriosis.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant is currently serving as a Senior Airman (E-4) in the regular Air Force.
On 5 Mar 13, the applicant participated in the contested FA, attaining an overall composite score of 25.10, which constituted an unsatisfactory assessment.
The applicants last six FA results are:
Date
Composite Score
Rating
5 Jun 13
76.00
Satisfactory
*5 Mar 13
25.10
Unsatisfactory
30 Aug 12
84.90
Satisfactory
28 Dec 11
Exempt
Exempt
16 Aug 11
76.00
Satisfactory
24 Mar 11
64.80
Unsatisfactory
* Contested FA
On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis of the applicant not seeking immediate medical attention following a failed FA, as well as Insufficient docs (ex. Commander memorandum).
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 Notification of Air Force Member's Qualification Status 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.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to remove the contested FA from AFFMS, due to the lack of supporting evidence. The applicant submitted neither AF Form 422 nor document from her commander requesting the test be invalidated.
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 28 Feb 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. After thoroughly reviewing the evidence of record and noting the applicants contentions, we believe she has met her burden of establishing the contested FA should be declared void. The Air Force Office of primary responsibility (OPR) disapproved the request, stating she did not provide documentation from her medical provider and the unit commander indicating his decision to invalidate the FA. While we note an invalidation letter from the commander and medical provider was not submitted; we recognize the applicant submitted a personal statement and medical documentation that clearly indicate a pre-existing medical condition, endometriosis, which caused her a high level of pain and precluded her from passing the assessment. Given the severity of her medical condition and the medical documentation to support her claim, we find a totality of the evidence supports favorable consideration of this request. Therefore, we recommend the applicants 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 5 Mar 2013 be declared void and removed from the Air Force Fitness Management System.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-03375 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:
XXXXXXXX, Panel Chair
XXXXXXXX, Member
XXXXXXXX, Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 May 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 5 Dec 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Feb 14.
XXXXXXXX
Panel Chair
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