RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03745
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_______________________________________________________________
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA) dated 30 Jul 13 be removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition that prevented him from attaining a passing score on the contested FA.
His medical condition resulted in a hospital stay which prevented him from acting in accordance with (IAW) AFI 36-2905_AFGM5 Fitness Program (3 Jan 13) 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. NOTE: Original FA will count unless rendered invalid by the Unit Commander. Airmen should notify their Commander within one duty day of the FA regarding the injury/illness to ensure communication regarding test validity with the MTF and FAC staff occurs prior to score entry into AFFMS.
As supporting evidence of a pre-existing medical condition the applicant submits a letter, requested by his CC, from the wing medical group dated 7 Aug 13. The letter indicates he had a documented medical condition which precluded him from passing the contested FA.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant served as a Senior Airman (E-4) in the regular Air Force during the matter under review.
On 30 Jul 13 the applicant participated in the contested FA receiving an unsatisfactory composite score of 73.90.
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.
On the Fitness Screening Questionnaire (FSQ) dated 30 Jul 13, the applicant initialed the following statement, If for any reason you believe you cannot/should not test today, please notify FAC personnel immediately to reschedule.
On 17 Dec 13, the Fitness Assessment Appeals Board (FAAB) considered and denied a similar request since the applicant indicated he was in good health on the FSQ completed prior to the FA.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no documentation provided by the applicants commander to invalidate the contested FA.
A complete copy of the AFPC/DPSID evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 Jan 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 he has met his burden of establishing the contested FA should be declared void. The Air Force office of primary responsibility (OPR) recommend denial of the request since a letter from the commander invalidating the FA was not submitted. While we note the absence of such evidence, we recognize the Medical Determination Letter signed by the applicants medical provider indicates that he did in fact have a medical condition that precluded him from passing the contested FA. Given his medical providers recommendation to invalidate the FA and the applicants medical condition during the assessment, 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 30 Jul 13 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-2013-03745 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 Aug 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 27 Nov 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 Jan 14.
XXXXXXXX
Panel Chair
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