Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 03791
Original file (BC 2013 03791.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03791
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His 13 Nov 12 Fitness Assessment (FA) failure be removed from 
the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition that precluded him from successfully 
completing the contested FA.  His medical provider confirmed his 
history of anxiety which occurred during a prior deployment.  
His anxiety attack led to complications breathing during the 1.5 
mile run. 

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

_________________ ______________________________________________

STATEMENT OF FACTS:

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

On 13 Nov 12, the applicant participated in the contested FA, 
completing all components, but attained an overall composite 
score of 30.20, constituting an unsatisfactory fitness level.  

On 14 Nov 12, a medical provider wrote a memorandum on the 
applicant’s behalf supporting his claim that he had a history of 
anxiety which precluded him from successfully passing the 
contested FA.

On 17 Dec 13, the Fitness Assessment Appeals Board (FAAB) denied 
relief to the applicant indicating that there was insufficient 
evidence (specifically no commander invalidation) to support his 
claim.

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 B.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of 
an error or an injustice.  While the applicant contends that he 
has a medical condition which prevented successful completion of 
the contested FA, he submitted no documentation of commander 
invalidation for the contested FA.  Relief will be denied 
without commander invalidation as per AFI 36-2905, Fitness 
Program (AFGM4), dated 26 June 12, paragraph 10. 

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 21 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 warranting 
some corrective action.  The applicant contends he had a medical 
condition that precluded him from attaining a passing score on 
his 13 Nov 12 fitness assessment (FA).  After a thorough review 
of the evidence of record and the applicant’s complete 
submission, we believe that a preponderance of the evidence 
indicates that corrective action is warranted.  In this respect, 
we note the applicant has provided a memorandum from his medical 
provider indicating that he had a history of anxiety and there 
was a causal relationship between the applicant’s anxiety attack 
during the contested FA and his inability to attain the minimum 
score required on the cardio component of said FA.  While we 
note the comments of the Air Force office of primary 
responsibility (OPR) indicating the applicant has not provided 
any evidence the commander did or would have invalidated the FA, 
we do not find the evidence presented sufficient to conclude the 
test should be invalidated, only that the applicant should have 
possibly been exempt from the cardio component.  While we note 
this is not the relief the applicant seeks, in our view, it 
constitutes full and fitting relief as the evidence presented is 
sufficient for us to conclude there was a causal relationship 
between the medical condition and the applicant’s performance 
during the cardio component of the FA.   Therefore, we recommend 
his records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that he was 
exempt from the cardio component of the FA dated 13 Nov 12.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number 2013-03791 in Executive Session on 30 Apr 14, under the 
provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Aug 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 27 Nov 13, w/atch.
	Exhibit C.  Letter, SAF/MRBR, dated 21 Jan 14.
	






?
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS

CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

	WILLIAM M. SIMPSON				 	2013-03791

DUE DATE:  28 Jan 15
MCD:  12 Feb 15

ROUTE IN TURN 			INITIALS  DATE


1.  CHIEF EXAMINER			________  ________
    (Coordination)


2.  MR. GREGORY A. PARKER			________  ________
    PANEL CHAIR
    (Signature on Proceedings)


3.  SAF/MRB – Legal Advisor			________  ________	
    (Coordination)


4.  EXECUTIVE DIRECTOR			________  ________
    (Coordination)


5.  SAF/MRB			________  ________
    (Approval/Signature)


6.  AFBCMR (Processing)




                                  VERNECIA SMITH, CAPTAIN, USAFR
                                  CASE EXAMINER
                                  AIR FORCE BOARD FOR CORRECTION
                                  OF MILITARY RECORDS











DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC


Office of the Assistant Secretary


AFBCMR BC-2013-03791



MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code, it is directed that:

	The pertinent military records of the Department of the Air Force relating to 
WILLIAM M. SIMPSON, 585-61-4646, be corrected to show that he was exempt from the 
cardio component of the Fitness Assessment dated 13  November 12.




						   R. PHILIP DEAVEL
						   Director
						   Air Force Review Boards Agency






















This document contains information which must be protected IAW AFI 33-332 and DoD 
Regulation 5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only 
(FOUO).

DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC
 
Office of the Assistant Secretary


AFBCMR
1500 West Perimeter Road
Joint Base Andrews NAF Washington, MD 20762-7002


Staff Sergeant William M. Simpson, USAF
5400 Barksdale Blvd Apt 1511
Bossier City, LA 71112

Dear Sergeant Simpson:

	Your application to the Air Force Board for Correction of Military Records, AFBCMR 
Docket Number 2013-03791, has been finalized.
      
	The Board determined that the military records should be corrected as set forth in the 
attached copy of a Memorandum for the Chief of Staff United States Air Force.  The office 
responsible for making the correction will inform you when your records have been changed.

		After correction, the records will be reviewed to determine if you are entitled to any 
monetary benefits as a result of the correction of records.  This determination is made by the 
Defense Finance and Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the 
assembly and careful checking of finance records.  It may also be necessary for the DFAS-IN to 
communicate directly with you to obtain additional information to ensure the proper settlement 
of your claim.  Because of the number and complexity of claims workload, you should expect 
some delay.  We assure you, however, that every effort will be made to conclude this matter at 
the earliest practical date.

				Sincerely,




				JOHN K. VALLARIO
				Chief Examiner
					Air Force Board for Correction
				of Military Records 


Attachment:
1.  Record of Proceedings
2.  Copy of Directive

cc:
DFAS-IN






3


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974




Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 03908

    Original file (BC 2013 03908.txt) Auto-classification: Denied

    On 29 Nov 12, the applicant participated in the contested FA and failed to attain the minimum score in the cardio component. On 14 Feb 14, the Fitness Assessment Appeals Board (FAAB) disapproved the applicant’s request for relief on the basis that the applicant should not have completed the contested FAs once she became injured; additionally, the applicant did not provide a commander’s invalidation memorandum invalidating contested FAs. For Regular Air Force and AGR, they will enter the...

  • AF | BCMR | CY2013 | BC 2013 04714

    Original file (BC 2013 04714.txt) Auto-classification: Denied

    He also provided a memorandum from the medical provider dated 01 Jul 13, that validated he had a medical condition that precluded him from passing the 19 Jun 13 FA and then was issued an AF Form 469. In regards to the FA dated 19 Jun 13, we recognize the letter from his medical provider, which states that a medical condition prevented him from passing. Furthermore, the applicant contends that since the FAs dated 31 July 12 and 28 Dec 12 now reflect a passing score in AFFMS and the FAs...

  • AF | BCMR | CY2012 | BC-2012-05799

    Original file (BC-2012-05799.txt) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial; however, it is recommended that the cardio component of the FA be updated to reflect “exempt.” The applicant took his FA on 15 February 2012, scoring a composite score of 65, unsatisfactory. We took note of the recommendation of the office of primary responsibility to “exempt” the applicant from the cardio component of the contested FA and agree the record should be corrected...

  • AF | BCMR | CY2013 | BC 2013 04146

    Original file (BC 2013 04146.txt) Auto-classification: Denied

    A similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant did not provide any documentation describing the injury and why he could not pass the contested FAs. 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. NOTE: Original FA will count unless rendered invalid by the Unit Commander.” In accordance with guidance at the time of...

  • AF | BCMR | CY2013 | BC 2013 01591

    Original file (BC 2013 01591.txt) Auto-classification: Approved

    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 03180

    Original file (BC 2013 03180 .txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03180 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Fitness Assessment (FA) dated 15 Aug 12 be removed from his records. The applicant contends that he suffered from a medical condition that precluded him from passing the contested FA and, thus, said FA should be removed from his records. While we...

  • AF | BCMR | CY2013 | BC 2013 03235

    Original file (BC 2013 03235.txt) Auto-classification: Approved

    The applicant’s last 10 FA results are as follows: Date Composite Score Push Ups Rating 23 Aug 13 92.63 Exempt Excellent 29 May 13 21.38 Exempt Unsatisfactory 5 Feb 13 84.10 21/6.00 Unsatisfactory 19 Jul 12 79.67 22/6.30 Satisfactory 13 Mar 12 Exempt Exempt Exempt 21 Oct 11 85.00 19/5.50 Satisfactory *6 Sep 11 73.67 18/5.00 Unsatisfactory *20 Jul 11 81.00 16/4.30 Unsatisfactory 5 Nov 10 96.25 Exempt Excellent 14 May 10 75.20 25/8.00 Good *Contested FA On 14 Feb 14, a similar request was...

  • AF | BCMR | CY2013 | BC 2013 04196

    Original file (BC 2013 04196.txt) Auto-classification: Approved

    Recommend invalidation of FA in question.” 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 due to injury. 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...

  • AF | BCMR | CY2013 | BC 2013 03078

    Original file (BC 2013 03078.txt) Auto-classification: Approved

    A list of the applicant’s last five FA results is as follows: Date Composite Score Cardio Rating 19 Aug 13 88.75 Exempt Satisfactory 13 May 13 35.60 15:45/0.00 Exempt 8 Nov 12 92.00 Exempt Excellent 14 Aug 12 28.80 18:01/0.00 Unsatisfactory 16 Feb 12 91.75 Exempt Excellent *26 Nov 11 42.30 16:49/8.30 Unsatisfactory *26 Jul 11 35.70 18:52/0.00 Unsatisfactory 31 Jan 11 84.00 Exempt Satisfactory 25 Nov 10 27.50 Incomplete/0.00 Unsatisfactory 24 May 10 78.00 13:11/36.00 Good *Contested FA On 14...

  • AF | BCMR | CY2013 | BC 2013 05279

    Original file (BC 2013 05279.txt) Auto-classification: Denied

    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.