RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03721

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessments (FA) dated 7 May 12 and 8 Aug 12 be 
removed from his records.

________________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition unfairly precluded him from attaining a 
passing score on the contested FAs.  After being on a profile 
that precluded him from running, push-ups, and sit-ups for 390 
days, he was required to take the contested FA within 60 days of 
the profile expiration.  He sustained a left elbow injury in 
February of 2011 and, as result, required two surgeries.  He 
developed significant heterotopic ossification and had 
additional surgery with radiation in September of 2011.  He was 
advised by his orthopedic surgeon not run due to jarring motions 
that could result in additional additional surgery and loss of 
movement in his left arm.  From 11 Feb 11 to 9 Mar 12, he was on 
profile that included no running, push-ups, and sit-ups.  Prior 
to the contested FA failures, the applicant had no history of FA 
failures.
________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Air Force during the matter 
under review.

On 11 Feb 11, an AF Form 422, Notification of Air Force Member’s 
Qualification Status, was issued to the applicant, which 
resulted in him being exempt from running, walking, sit-ups, and 
push-ups.  This AF Form 422 continued to be extended with 
exercises noted that the applicant could and could not perform.
  
On 7 May 12, the applicant participated in the contested FA and 
failed to attain the minimum score in the cardio component.  As 
a result, he was credited with 9.40 points for the cardio 
component and attained an overall composite score of 41.33, 
resulting in an unsatisfactory rating.
On 8 Aug 12, the applicant participated in the contested FA and 
failed to attain the minimum score in the cardio component.  As 
a result, he was credited with 29.90 points for the cardio 
component and attained an overall composite score of 67.40, 
resulting in an unsatisfactory rating.

On 14 Feb 14, the Fitness Assessment Appeals Board (FAAB) 
disapproved the applicant’s request for relief on the basis that 
the applicant was medically cleared after elbow surgeries to 
perform all components of the FA.  The applicant had 60 days to 
prepare and recondition for the FA. 

In accordance with AFI 36-2905, Fitness, paragraph 5.2.2.3, the 
expiration date represents the date the member is medically 
cleared to resume activities previously restricted.  Members 
with Duty Limiting Conditions (DLCs) of 30 days or less are 
eligible to complete an FA when their restrictions expire, and 
will test within 30 days if due or overdue.  For DLCs lasting 
greater than 31 days, members are eligible to complete the full 
four component FA 42 days after the expiration date of the 
physical limitations. 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of 
an error or an injustice.  While the applicant contends that a 
medical condition, coupled with the lack of time to prepare for 
the contested FAs, precluded successful completion, there is 
insufficient evidence to support the applicant’s claim.  It is 
noted that the applicant submitted medical records detailing his 
injuries, profile limitations, and letter, dated 24 Jul 13, from 
his provider stating the applicant was on profile for 390 days, 
and should be able to retest now that he has a sufficient amount 
of time to prepare for the FA.  As per the medical records 
provided, the applicant had the last follow up on 19 Dec 11 and 
was released without limitations.  In accordance with AFI 36-
2905, Fitness Program, AFGM 2.1 (dated 26 Jun 12), paragraph 10a 
- b:  If an applicant is injured or ill and is unable to 
complete all required components, they 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.  The applicant did not provide an invalidation 
memorandum to remove the contested FAs.  If the medical 
evaluation validates the illness/injury, the unit commander may 
invalidate the test results.  Airmen will be required to retest 
within five duty days or when capable based on the 
recommendations of the medical provider/Medical Liaison Officer, 
and exercise physiologist.  Therefore, the Board should deny the 
relief requested by applicant due to lack of supporting 
documentation.

A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation 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).

________________________________________________________________

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 an error or injustice.  We took 
notice of the applicant’s complete submission, including medical 
and other documentation pertaining to his physical limitations, 
in judging the merits of the case.  However, we do not find the 
documentation submitted by the applicant sufficient to conclude 
that corrective action is warranted.  While the applicant may 
believe the 60-day period he was provided for re-conditioning 
was insufficient given that he was on a profile for 390 days, he 
has provided no evidence that he has been treated differently 
than others similarly situated.  In this respect, we note that 
the governing instruction provides a 42-day reconditioning 
period upon the expiration of a profile.  Therefore, in the 
absence of evidence that there was some error by the medical 
community in determining when his limitations should have 
expired, we find no basis to recommend granting the relief 
sought in this application.    

________________________________________________________________

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.

________________________________________________________________
The following members of the Board considered AFBCMR Docket 
Number 2013-03721 in Executive Session on 21 May 14, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, 23 Jul 13, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 3 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Feb 14.




DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC 



Office of the Assistant Secretary



	After careful consideration of your application for correction of military records, 
AFBCMR Docket Number BC-2013-03721, the Board determined there was insufficient 
evidence of an error or injustice to warrant corrective action.  Accordingly, your application is 
denied.

	You have the right to submit a request for reconsideration by the Board.  However, such a 
request must be accompanied by newly discovered relevant evidence that was not available at the 
time of your original application.  Absent such additional evidence, further consideration of your 
application is not possible.  Additionally, the reiteration of facts previously addressed by the 
Board, uncorroborated personal observations, or additional arguments on the evidence of record 
is also not grounds for reopening a case.

	Should you decide to submit a request for reconsideration of your case, please forward 
your request and any supporting evidence to the address below where it will be reviewed to 
determine if it meets the criteria for reconsideration by the Board:

			SAF/MRBR
			550 C Street West Suite 40
			Randolph AFB TX 78150-4742 

	THIS ACTION IS TAKEN UNDER THE AUTHORITY DELEGATED BY THE 
SECRETARY OF THE AIR FORCE.




		
		Executive Director
		Air Force Board for Correction
		of Military Records