RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03392
XXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 11 Jul 13 be removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
He was injured while completing the contended assessment; the resulting scores were unjustly entered into AFFMS.
In support of his appeal the applicant submits; an AF Form 108 Physical Fitness Education and Intervention Processing indicating that he was referred to base medical on the same day as the test. Additionally, he submits an AF Form 469 Duty Limiting Report dated 1 Aug 13 with the following restrictions: no 1.5 mile run, no 1.0 mile walk.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
On the date of the contested FA the applicant was serving as a Technical Sergeant (E-6) in the regular Air Force.
On 11 Jul 13, the applicant participated in the contested FA, attaining an overall composite score of 34.80, which constituted an unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 14:08/0.00, Abdominal Circumference 31/20.00 points, Push-ups - 55/8.80, Sit-ups 42/6.00 points.
On 17 Jul 13 the applicant successfully retested with exemptions in all but the abdominal circumference portion of the assessment.
On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), citing insufficient evidence and there was no letter from the commander invalidating the Fitness Assessment.
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.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to change the contested FAs in AFFMS due to lack of supporting evidence. DPSIM states, the applicant did not provide documentation from the unit commander indicating his/her decision to invalidate the FA in accordance with AFI 36-2905, (AFGM5), paragraph 13, (20 Dec 10).
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 4 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. After thoroughly reviewing the evidence of record and noting the applicants contentions, a majority of the Board believe he has met his burden of establishing the contested FA should be declared void. The FAAB disapproved the request, stating that while there was evidence to support her medical condition a commander invalidation letter was not provided and AFPC/DPSIM recommended denial based on lack of supporting evidence. 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. Furthermore, the applicant provided an AF Form 469 dated the same day as the FA and indicating that he was placed on a profile for an injury that occurred during the assessment. Given the evidence, it is apparent the applicants ability to complete the FA was hindered by an illness/injury. In view of this and noting that other than the contested FA, his FA history over the last five years reflects Satisfactory or Excellent on all FAs to date, a majority of the Board finds a totality of the evidence supports favorable consideration of this request. Therefore, the majority of the Board recommends 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 11 July 2013 be declared void and removed from the Air Force Fitness Management System.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03392 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:
XXXXXXXXXXX, Panel Chair
XXXXXXXXXXX, Member
XXXXXXXXXXX, Member
By majority vote, the Board voted to correct the records, as recommended. XXXXXXXXXXX voted to deny the applicant's request and has submitted a minority report which is at Exhibit D. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03392 was considered:
Exhibit A. DD Form 149, dated 15 Jul 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 5 Dec 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Mar 14.
Exhibit D. Minority Report, dated 7 Aug 14.
XXXXXXXXXXX
Panel Chair
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