RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03506

	XXXXXXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA) dated 12 Apr 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

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APPLICANT CONTENDS THAT:

Due to a stomach virus, he was unable to successfully complete the cardio component of the contested FA.

While completing the final lap of the cardio component he began throwing-up.  Once he gathered himself he completed the test but failed to complete it within the minimum time.  Following the FA, he reported to Wilford Hall Urgent Care Clinic and was diagnosed with a stomach virus and given 72 hours of quarters.  He returned to the testing facility but was closed and his FA scores had already been entered in the AFFMS.

In support of the appeal, the applicant submits an eyewitness statement from a volunteer who paced him during the cardio component and a Quarters Authorization, dated, 12 Apr 13, placing him on quarters for 72 hours.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of senior airman (E-4).

On 12 Apr 13, the applicant participated in the contested FA and attained an unsatisfactory score (37.00) completing all four components.

On 12 Apr 13, the applicant was placed on 72 hours of quarters for a disease [unspecified].

A similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant should not have completed the FA once he became ill and his fitness history did not reflect a consistent passing rate in the cardio component.

The applicant’s last five FA results are as follows:

Date 
Composite Score
Rating
1 Oct 13
100
Excellent (Exempt from Cardio/PU/SU)
23 Aug 13
83.30
Unsatisfactory (0 Points for SU)
* 12 Apr 13
37.00
Unsatisfactory (0 Points for Cardio)
9 Oct 12
100
Excellent (Exempt from Cardio/PU/SU)
29 Feb 12
77.30
Satisfactory* Contested FA

In accordance with guidance at the time of contested FA, AFI 36-2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph b, “If the medical evaluation validates the illness/injury and provides supporting medical documentation, the Unit Commander may invalidate the FA results by notifying the FAC in writing. 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. If an AF Form 422 is required, an additional five duty days will be allowed for the AF Form 422 to be generated and provided. Non-AGR and Traditional ARC Airmen will be required to retest the next date they are in appropriate military duty status and official FAs are being conducted. NOTE: Original FA will count unless rendered invalid by the Unit Commander.”

In accordance with guidance at the time of contested FA, AFI 36-2905 (1 Jul 10), Paragraph 2.3.2., “All members must complete the FSQ prior to FA (Attachment 4).”

In accordance with guidance at the time of contested FA, AFI 36-2905 (1 Jul 10), Attachment 4, Fitness Screening Questionnaire:  
“1. Have you experienced any of the symptoms/problems listed below and not been medically evaluated and cleared for unrestricted participation in a physical training program?
- Unexplained chest discomfort with or without exertion
- Unusual or unexplained shortness of breath
- Dizziness, fainting, or blackouts associated with exertion
- Other medical problems that may prevent you from safely participating in this test
     - Yes: Stop. Notify your UFPM and contact your PCP/MLO for evaluation/ recommendations (or for ARC, contact the MLO for Duty Limiting Conditions (DLC) documentation and referral to PCP).”

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial and states, in part, that although the applicant has demonstrated that he was put on quarters for 72 hours following the FA, he did not provide an invalidation memorandum from the unit commander.

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Feb 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  While the applicant has provided a Quarters Authorization Form, indicating he was placed on quarters for 72 hours after the FA, he has not met his burden of proving the contested FA should be removed from his records. In this respect, we note the applicant’s submission does not contain support from his commander requesting the FA be invalidated.  Furthermore, he provides no explanation as to why he failed to follow the governing instructions and immediately notify the FAC, prior to departing the FA location, that he had become ill.  Should the applicant provide such evidence, we would be willing to reconsider this request.  However, in view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03506 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	XXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXX, Member
	XXXXXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 May 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 31 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Feb 14.




                                   XXXXXXXXXXXXX
                                   Panel Chair