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AF | BCMR | CY2013 | BC 2013 03849
Original file (BC 2013 03849.txt) Auto-classification: Approved
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 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 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 applicant’s 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 applicant’s 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 applicant’s 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 469’s 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 Sergeant’s supporting statement, documentation related to 
his commander’s decision to withdraw the LOC in the face of the 
applicant’s 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 applicant’s 
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 applicant’s 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 
applicant’s 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 applicant’s 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 
applicant’s heart condition and his inability to attain a 
passing FA score.  Therefore, we recommend the applicant’s 
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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