RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03968

	XXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA) dated 30 May 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

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APPLICANT CONTENDS THAT:

Due to Chronic Obstructive Pulmonary Disease (COPD) diagnosed on 13 Jun 13, he was unable to successfully obtain a minimum passing score on the cardio component of the contested FA.

In support of the appeal, the applicant submits 13 Jun 13 and 8 Jul 13 medical records and AF Form 469 (13 Jun 13).

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of master sergeant (E-7).

On 30 May 13, applicant participated in the contested FA and attained an unsatisfactory score (37.00) completing all four components.

On 13 Jun 13 (14 days following contested FA), he saw PCM concerning problems staying asleep/shortness of breath and on 8 Jul 13 was finally diagnosed with COPD.  AF Form 469 dated 13 Jun 13 restricts the applicant from running or walking in FAs till 13 Aug 13.

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.  Although the applicant’s injury was validated, there was no indication the commander invalidated the FA.

The applicant’s last five FA results are as follows:

Date 
Composite Score
Rating
29 Aug 13
95.75
Excellent (Exempt from Cardio)
*30 May 13
37.00
Unsatisfactory (0 Points for Cardio)
29 Nov 12
76.30
Satisfactory
5 May 12
84.90
Satisfactory
5 Jan 12
98.50
Excellent (Exempt from Cardio)

* Contested FA

In accordance with guidance at the time of contested FA, AFI 36-2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph b, “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. Non-AGR and Traditional ARC Airmen will be required to retest the next date they are in appropriate military duty status and official FAs are being conducted. 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 contested FA, AFI 36-2905 (1 Jul 10), Attachment 4, Fitness Screening Questionnaire:  
“1. Have you experienced any of the symptoms/problems listed below and not been medically evaluated and cleared for unrestricted participation in a physical training program?
- Unexplained chest discomfort with or without exertion
- Unusual or unexplained shortness of breath
- Dizziness, fainting, or blackouts associated with exertion
- Other medical problems that may prevent you from safely participating in this test
     - Yes: Stop. Notify your UFPM and contact your PCP/MLO for evaluation/ recommendations (or for ARC, contact the MLO for Duty Limiting Conditions (DLC) documentation and referral to PCP).”

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial and states, in part, the applicant did not provide documentation of an invalidation memorandum from the unit commander.

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C.

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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 Feb 14 for review and comment within 30 days. 

As of this date, no response has been received by this office (Exhibit D).

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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 to warrant partial relief.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we partially agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that insufficient evidence exists to support removal of the entire FA.  However, we recognize that the applicant did have a medical condition and the cardio component of the contested FA should be changed to reflect an “Exempt” status.  In this respect, we note the applicant provided medical documentation indicating he was diagnosed with Chronic Obstructive Pulmonary Disease 14 days after the contested FA and are inclined to believe that it affected his ability to pass the cardio component of the FA.  In view of the applicant’s medical condition and noting his passing scores on all other components of the contested FA, we find a totality of the evidence supports favorable consideration of this portion of his request.  Therefore, we recommend the applicant’s 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 cardio component of the Fitness Assessment, dated 30 May 13 be amended in the Air Force Fitness Management System (AFFMS) to reflect “Exempt” in the Air Force Fitness Management System.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03968 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXXXX, Panel Chair
	Ms. XXXXXXXXX, Member
	Ms. XXXXXXXXX, Member


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

		Exhibit A.  DD Form 149, dated 23 Aug 12, w/atchs.
		Exhibit B.  Memorandum, AFPC/DPSIM, dated 3 Jan 14, w/atchs.
		Exhibit C.  Letter, SAF/MRBR, dated 21 Feb 14.




                                   XXXXXXXXX
                                   Panel Chair