Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 03908
Original file (BC 2013 03908.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03908

		COUNSEL:  NONE

		HEARING DESIRED:  YES 


________________________________________________________________

APPLICANT REQUESTS THAT:

Her Fitness Assessments (FA) dated 24 Jan 12, 29 Nov 12, 
29 Apr 13, and 6 Aug 13 be removed from her records.

________________________________________________________________

APPLICANT CONTENDS THAT:

She had a medical condition that unfairly precluded her from 
attaining passing scores in the contested FAs.  In Jun 11, she 
was diagnosed with Type 2 Diabetes and began experiencing 
complications from the illness:  osteoarthritis in the right 
shoulder, hip, and kidneys retaining protein.  Additionally, she 
was diagnosed with adult onset asthma.  Prior to the asthma 
diagnosis, the applicant was exempt from the cardio component 
(1.5 mile run) and was permitted to complete the mile walk.  

________________________________________________________________

STATEMENT OF FACTS:

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

On 24 Jan 12, the applicant participated in the contested FA and 
was exempt from the sit-up and push-up components.  She failed 
to attain the minimum score in the cardio component.  As a 
result, she was credited with 18.80 points for the cardio 
component and attained an overall composite score of 40.63, 
resulting in an unsatisfactory rating.  

On 29 Nov 12, the applicant participated in the contested FA and 
failed to attain the minimum score in the cardio component.  As 
a result, she was credited with 0.00 points for the cardio 
component and attained an overall composite score of 31.60, 
resulting in an unsatisfactory rating.
	
On 29 Apr 13, the applicant participated in the contested FA and 
was exempt from the push-up and sit-up components.  She failed 
to attain the minimum score in the cardio component.  As a 
result, she was credited with 40.80 points for the cardio 
component and attained an overall composite score of 72.38, 
resulting in an unsatisfactory rating.

On 29 May 13, the applicant provided an imaging services sheet 
which stated she was diagnosed with lung impairment.  

On 6 Aug 13, the applicant participated in the contested FA and 
was exempt from the push-up and sit-up components.  She failed 
to attain the minimum score in the cardio component.  As a 
result, she was credited with 0.00 points for the cardio 
component and attained an overall composite score of 19.00, 
resulting in an unsatisfactory rating.

The applicant’s first sergeant requested a medical evaluation to 
determine if the applicant had a condition precluding successful 
completion of the contested FAs.  The medical provider concluded 
on all of the contested FAs the applicant had a documented 
medical condition preventing her from passing the contested FAs.

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.  

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.  There is insufficient evidence to 
support the applicant’s claim.  In accordance with AFI 36-2905, 
Fitness Program AFGM 2.1 (dated 3 Jan 13) paragraph 10:  If an 
airman becomes ill or injured during an FA, they have the option 
of being evaluated at the Military Treatment Facility (MTF) 
whether or not they complete the FA.  Before departing the 
testing location, airmen must notify the Fitness Assessment 
Center (FAC) staff.  Airmen have the responsibility of notifying 
their commander within one duty day of the FA regarding the 
illness/injury to ensure communication regarding test validity 
with the MTF and FAC staff occurs prior to score entry into the 
Air Force Fitness Management System (AFFMS).  “If an airman 
notifies the FAC of the presence of an illness/injury, the FAC 
or Unit Fitness Program (UFPM) where no FAC exists, will not 
input the scores into Air Force Fitness Management System 
(AFFMS) for the time period specified below.  For Regular Air 
Force and AGR, they will enter the scores into AFFMS on the 
sixth duty day if the commander does not invalidate the test 
results or no response from the commander is received within 
this timeframe.”  There is a lack of supporting evidence because 
the applicant did not provide an invalidation memorandum for the 
contested FAs to be removed from AFFMS.

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 in judging the 
merits of the case; the applicant did not submit any evidence 
that her commander supported her application or determined that 
the FAs in question should be invalidated.  Additionally, the 
applicant did not provide medical documentation substantiating 
providers exempted her from performing components of the 
contended FAs based on her medical conditions.  Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief; we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice.  

________________________________________________________________

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 2013-03908 in Executive Session on 21 May 14, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR 
Docket Number 2013-03908:

	Exhibit A.  DD Form 149, dated 13 Aug 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 3 Jan 14.
	Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 14.




   


Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 02538

    Original file (BC 2013 02538.txt) Auto-classification: Denied

    For RegAF and AGR Airmen, the FAC (or UFPM where no FAC exists) will enter the FA results in AFFMS on the 6th duty day if the Commander does not invalidate test results or no response from the Commander is received within this timeframe;” Atch 1, Para 10a. Commander memorandum, medical docs, or FAC memorandum).” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA from AFFMS,...

  • AF | BCMR | CY2013 | BC 2013 02580

    Original file (BC 2013 02580.txt) Auto-classification: Denied

    A list of the applicant’s complete FA history is as follows: Date Composite Score Cardio Rating 4 Aug 2013 33.00 17:41/0.00 Unsatisfactory *5 May 2013 26.50 INC/0.00 Unsatisfactory 14 May 2012 91.70 12:19/57.60 Satisfactory * Contested FA On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of “Insufficient evidence; specifically AF Form 422 and medical...

  • AF | BCMR | CY2013 | BC 2013 04682

    Original file (BC 2013 04682.txt) Auto-classification: Approved

    The applicant’s last 5 FA results are as follows: Date Composite Score Cardio Rating 30 Oct 13 82.75 Exempt Satisfactory 28 Aug 13 32.60 32/0.00(1-mile walk) Unsatisfactory *13 Aug 13 71.75 Exempt Unsatisfactory 13 Feb 13 87.00 Exempt Satisfactory 7 Aug 12 80.20 15:52/44.10 Satisfactory * Contested FA A similar request was denied by the Fitness Assessment Appeals Board (FAAB) on 14 Feb 14 on the basis of “no letter from the commander to invalidate the Fitness Assessment. Also, no AF Form...

  • AF | BCMR | CY2013 | BC 2013 02587

    Original file (BC 2013 02587.txt) Auto-classification: Denied

    In support of his claim, the applicant has submitted a letter from his UFPM and a Standard Form 600, Chronological Record of Medical care, indicating that he had an illness, precluding him from finishing and passing the contested FA and memorandum from his UFPM (not dated) to the Force Support Squadron commander requesting removal of the contested FA from AFFMS. If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.” A list of...

  • AF | BCMR | CY2013 | BC 2013 03075

    Original file (BC 2013 03075.txt) Auto-classification: Approved

    A list of the applicant’s FAs since she entered the service is as follows: Date Composite Score Sit-Ups Rating 3 Jul 13 75.67 Exempt Satisfactory *15 Apr 13 81.00 25/0.00 Unsatisfactory 23 Nov 12 87.10 38/6.00 Satisfactory 16 Apr 12 84.10 42/7.50 Satisfactory *Contested FA On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis that, “The applicant’s injury was validated by the applicant’s medical provider, but there was no...

  • AF | BCMR | CY2013 | BC 2013 04605

    Original file (BC 2013 04605.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04605 XXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 12 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 20 Mar...

  • AF | BCMR | CY2013 | BC 2013 02692

    Original file (BC 2013 02692.txt) Auto-classification: Denied

    The applicant’s complete submission, with attachments, is at Exhibit A. A list of the applicant’s last five FA results is as follows: Date Composite Score Rating 26 Jul 2013 79.30 Satisfactory *30 Apr 2013 36.50 Unsatisfactory 12 Oct 2012 81.90 Satisfactory 3 Oct 2012 71.60 Unsatisfactory 15 May 2012 Exempt Exempt *Contested FA On 7 Jan 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of “Insufficient evidence; specifically no...

  • AF | BCMR | CY2013 | BC 2013 04890

    Original file (BC 2013 04890.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04890 XXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 28 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). Also, there was no indication the commander wanted to invalidate the Fitness Assessment.” In accordance with (IAW)...

  • AF | BCMR | CY2013 | BC 2013 02521

    Original file (BC 2013 02521.txt) Auto-classification: Denied

    Along with his personal statement, the applicant provided a memorandum from his medical provider that validates he had a medical condition that precluded him from achieving a passing score on the contested FA. On that same memorandum, the applicant’s medical provider indicated he had a “documented medical condition that precluded him/her from achieving a passing score in a non-exempt portion of the FA test.” IAW AFI 36-2905; Atch 1, Para 10, “If an Airman becomes injured or ill during the...

  • 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.