RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03684
XXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA), dated 20 May 13 be removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
An injury to his right ankle, sustained during the cardio portion of the contested FA, prevented him from attaining a satisfactory score.
The disrespectful attitude of the Fitness Assessment Cell (FAC) representative prevented him from understanding the process for reporting an injury during the FA.
He was not given sufficient rest time between the muscular fitness and the cardio portion of the FA.
An AF Form 469 Duty Limiting Report issued after the contested FA supports his claim of an injury. It lists the following restrictions: no running or walking greater than 100 yards, no impact activity such as jumping. 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.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the regular Air Force as a Technical Sergeant (E-6).
On 20 May 13 the applicant participated in the contested FA. He received composite score of 40.00 and a score of 15.25 / 0.00 on the cardio portion of the assessment.
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 or medical docs).
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 Air Force Members Qualification Status is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to remove the contested FA, citing the lack of supporting evidence specifically AF Form 422 and medical documents.
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 attachment, was forwarded to the applicant on 17 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (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, a majority of the Board believe he has met his burden of establishing the contested FA should be declared void. The Air Force Office of Primary Responsibility (OPR) recommends denial, stating that while there was evidence to support his medical condition, a commander invalidation letter was not provided and the FAAB concurred with the OPR and denied the request due to lack of supporting evidence. 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 in fact preclude him from successfully passing the assessment. Given the AF Form 469 was issued shortly after the FA and restricted him from the cardio component of future assessments, a majority of the board find 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.
________________________________________________________________
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 20 May 2013 be declared void and removed from the Air Force Fitness Management System.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-03684 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-2013-03684 was considered:
Exhibit A. DD Form 149, dated 21 Jul 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 27 Nov 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Jan 14.
Exhibit D. Minority Report, dated 7 Aug 14.
XXXXXXXXXXX
Panel Chair
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 05279
On 25 Oct 13 she received an updated AF Form 469, stating that she was exempt from the cardio component of the FA. The applicant's AF Form 469 shows the cardio limitations expired on 23 Sep 13, which would have allowed the applicant to complete the cardio component of the FA. The applicant did not provide an updated AF Form 469 to show the exemption expired on a later date.
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 02331
On 2 Jan 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant did not provide sufficient evidence; specifically AF Form 422. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 Feb 14, applicant provided a memorandum in rebuttal of AFPC/DPSIM and FAAB memoranda. While we note an...
AF | BCMR | CY2013 | BC 2013 01591
On 29 Nov 2011, a medical evaluation letter was signed by the same provider who issued the previous AF Form 469s. The letter states, There are medical conditions that preclude this member from achieving a passing score on the Air Force fitness assessment. On 1 Dec 2011, an AF Form 469, Duty Limiting Condition Report, was initiated from his Medical Provider, which could exempt the applicant from the cardio and push-up components of the FA. On 27 Mar 2012, a medical evaluation letter was...
AF | BCMR | CY2013 | BC 2013 03350
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. 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). However, in response to the Air Force evaluation, the applicant submits a letter from his commander requesting the...
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 04605
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04605 XXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 12 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 20 Mar...
AF | BCMR | CY2013 | BC 2013 03968
The applicants last five FA results are as follows: Date Composite Score Rating 29 Aug 13 95.75 Excellent (Exempt from Cardio) *30 May 13 37.00 Unsatisfactory (0 Points for Cardio) 29 Nov 12 76.30 Satisfactory 5 May 12 84.90 Satisfactory 5 Jan 12 98.50 Excellent (Exempt from Cardio) * 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...
AF | BCMR | CY2013 | BC 2013 02951
The applicant provided documentation validating her medical condition including; an AF FM 469, Duty Limiting Condition Report; an AF FM 422 Notification of Air Force Members Qualification Status; a medical evaluation letter signed by her medical provider; and her Enlisted Performance Evaluation (EPR) with a close-out date of 1 Apr 13, which indicates she Meets the fitness standard at the close-out of her report. The applicants last 5 FA results are as follows: Date Composite...