RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03849
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His 26 Jul 13 Fitness Assessment (FA) score be declared void and
removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had medical condition that precluded successful completion of
the contested FA. He was diagnosed the day of the contested FA
with a mild heart defect, heart murmur, and suspected abnormal
blood flow with his heart.
The applicants 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 26 Jul 13, 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 zero points for the cardio
component and attained an overall composite score of 33.30,
resulting in an unsatisfactory rating.
On 29 Jul 13, an AF Form 469, Duty Limiting Condition Report,
was issued by the applicants medical provider, which resulted
in him being exempt from running and walking. This AF Form 469
continued to be extended with exercises noted that the applicant
could and could not perform.
On 30 Jul 13, a medical provider referred the applicant to be
evaluated at the cardiology clinic, indicating there were
abnormal Echocardiographic (EKG) findings, heart murmur, and
shortness of breath (SOB) on exertion. On 8 Aug 13, a medical
provider from the cardiology clinic indicated on an Standard
Form (SF) 600 that the applicant had abnormal EKG findings,
which explained the sudden decline in exercise tolerance and
notable SOB on exertion. It was recommended that the applicant
perform cardiovascular exercise at his own pace and that he not
participate in any organized physical training. Limited
exercise was instructed until further work up could be
completed.
On 12 Aug 13, the applicant provided a response to the Letter of
Counseling (LOC) he was issued as a result of not passing the
contested FA. The applicant acknowledged to his commander that
he went to be evaluated on 26 Jul 13 (same date as the contested
FA) and was diagnosed with a heart murmur.
AFI 36-2905 AFGM 5, Attachment 4, prescribes a Fitness Screening
Questionnaire, which is to be filled out prior to a member
participating in a FA. If a member indicates that they are
experiencing medical problems (i.e., chest pain, shortness of
breath, dizziness, fainting, or blackouts associated with
exertion) they should notify the Unit Fitness Program Manager
and seek a medical evaluation.
AFI 36-2905, AFGM 5, Para 10 provides that a commander can
invalidate a FA score, but only within five duty days of the FA,
when an Airman has notified the Fitness Assessment Cell (FAC) of
the presence of the illness/injury before they depart the
testing location (whether they complete the FA or not); FAC
personnel will hold the scores for a period of five duty days.
If the medical evaluation validates the illness/injury and
supporting medical documentation is provided, the unit commander
may invalidate the FA results by notifying the FAC in writing;
again, within five duty days of the FA in question.
On 11 Oct 13, the applicant participated in an FA where he was
exempt from the cardio portion of the assessment in accordance
with the limitations prescribed in the aforementioned AF Form
469. The applicant attained an overall composite score of
91.25, resulting in an excellent rating.
On 17 Dec 13, the Fitness Assessment Appeals Board (FAAB) denied
relief to the applicant indicating that there was insufficient
evidence (specifically an AF Form 422 and medical documents) to
support the injury affected the contested FA.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial indicating there is no evidence of
an error or an injustice. While the applicant contends that he
had a medical condition that precluded successful completion of
the cardio portion of the contested FA, there is insufficient
evidence to support the applicants claim, specifically
documentation from the commander indicating a decision to
invalidate the FA results as per AFI 36-2905 AFGM 5, Para 10.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides a statement from his First Sergeant
indicating that the applicants medical condition was not fully
diagnosed until the middle of August and the applicant was then
restricted from the cardio portion of the FA. With that, there
was no opportunity for his commander to invalidate the contested
FA score within five days before it was recorded in AFFMS.
However, the commander did withdraw the LOC and the applicant
has had subsequent AF Form 469s issued indicating consistent
restrictions of the cardio component and other restrictions as
needed while he continues ongoing medical evaluation. In
support of his response, the applicant provides copies of his
First Sergeants supporting statement, documentation related to
his commanders decision to withdraw the LOC in the face of the
applicants medical evidence, and three AF Forms 469, Duty
Limiting Report (Exhibit D).
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial indicating there is no evidence of
an error or an injustice. The applicant contends he saw the
doctor 26 Jul 13 after the FA failure and was diagnosed with a
heart murmur; however, the documentation presented reflects on
8 Aug 13 the doctor stated recommend patient only perform
cardiovascular exercise at own pace and released w/o
limitations. The applicant also asserts that he had an
appointment on 15 Aug 13 to validate the diagnosis; however, no
documentation was provided as to the outcome of that
appointment. The applicant presents documentation of difficulty
with the contested FA due an illness/injury but did not obtain
an invalidation letter from his commander. The applicants
request should be denied as there is no evidence that his
commander invalidated the contested FA in accordance with AFI
36-2905 AFGM 5, Para 10, which indicates that an airman who
becomes injured or ill during the FA will have the option of
being evaluated at the Medical Treatment Facility (MTF), whether
they complete the FA or not. 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.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to
the applicant on 27 Jun 14 for review and comment within 30 days
(Exhibit F). On 1 Jul 14, the applicant indicated via email
correspondence he had no intention of providing a reply to the
Air Force Evaluation (Exhibit G).
________________________________________________________________
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. The
applicant contends that he was unfairly precluded from attaining
a passing score on the contested fitness assessment (FA) due to
an undiagnosed heart condition. After a thorough review of the
evidence of record and the applicants complete submission, to
include his rebuttal response, we are convinced that corrective
action is warranted. We note the comments of AFPC/DPSIM
indicating the applicant should have made the fitness assessment
cell (FAC) staff aware that he had a medical condition that
precluded him from passing the FA on the day in question so his
commander could have invalidated the FA; however, we are not
convinced the applicant could have done so as AFPC/DPSIM
indicates. In this respect, we note the evidence before us
makes it clear the condition was not diagnosed until the
applicants FA failure caused him to seek medical attention
where it took the medical community almost three weeks to render
a diagnosis. In view of these facts, we find the rationale
articulated by AFPC/DPSIM that the applicant could have notified
the FAC that he suffered from a medical condition questionable.
We are also not convinced the applicants commander could have
invalidated the FA results as suggested by AFPC/DPSIM in its
additional advisory. In this respect, we note that the
governing instruction in effect at the time provides that a
commander may invalidate an FA result if a member becomes
injured or ill during the assessment; however, there has not
been any evidence presented to indicate that the applicant
became ill or sustained an injury during the assessment.
Rather, it appears evident that he simply was unable to attain a
passing result because of his undiagnosed medical condition.
Accordingly, we are not convinced the commander could have
invalidated the FA under the circumstances at play in this case.
In our view, the applicant has provided ample evidence that he
had a chronic condition that was undiagnosed on the day in
question and preluded him from attaining a passing score. In
this respect, we note the applicant was issued profile
restrictions shortly after the contested FA and while his
commander issued him a letter of counseling (LOC) for the FA
failure, the commander subsequently withdrew the LOC because he
was convinced that there was a strong causal nexus between the
applicants heart condition and his inability to attain a
passing FA score. Therefore, we recommend the applicants
records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force related to the applicant be corrected to show that his
26 Jul 13 Fitness Assessment score be declared void and removed
from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03849 in Executive Session on 24 Sep 13, under
the provisions of AFI 36-2603:
Ms., Panel Chair
Ms., Member
Mr., Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Aug 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 27 Nov 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Jan 14.
Exhibit D. Letter, Applicant, 11 Feb 14, w/atchs.
Exhibit E. Letter, AFPC/DPSIM, dated 25 Mar 14.
Exhibit F. Letter, SAF/MRBR, dated 27 Jun 14.
Exhibit G. E-mail, Applicant, dated 1 Jul 14.
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