RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04034

	XXXXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA) dated 21 Jul 13 be removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

Due to a miscommunication he was unjustly required to participate in the 1.0 mile walk during the contested FA.  The result of completing the 1.0 mile walk was debilitating pain which precluded him from successfully completing the muscular fitness portions of the assessment.

On 20 Jul 13, his civilian physician, unaware of the 1.0 mile walk FA option, erroneously indicated that the applicant was only restricted from running due to bilateral foot pain.  Because of this, the Air Force physician who issued his AF Form 469 Duty Limiting Report, cleared him for the 1.0 mile walk.  Following the contested FA the civilian physician clarified that the applicant was restricted from running and walking.  The resulting AF Form 469, issued on 25 Jul 13, restricted both the run and walk portion of the FA.

As evidence of the miscommunication, he submits a letter from his civilian physician stating that the applicant should have been restricted from both running and walking since 11 Jul 13.

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On the date of the contested FA the applicant was serving as a Master Sergeant (E-7) in the Michigan Air National Guard (ANG).

On 21 Jul 13 the applicant participated in the contested FA receiving an unsatisfactory composite score of 66.40.



On 14 Feb 14, the applicant’s request was considered and denied by the Fitness Assessment Appeals Board (FAAB).  However, the FAAB administratively corrected the applicant’s record to reflect that he was exempt from the cardio component of the contested FA. This action resulted in the assessment remaining unsatisfactory. 

In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM5 (3 Jan 13), Attachment 1, Section 10, “If an Airman becomes injured or ill during the FA and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but his/her test will still count unless rendered invalid by the Unit Commander.  If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results.  The Airman will then be required to retest within 5 duty days or when capable based on the recommendations of the medical provider/MLO and the Exercise Physiologist.  If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.

IAW AFI 36-2905_ AFGM5 (3 Jan 13), paragraphs 2.3.2 through 2.3.2.2 All members must complete the Fitness Screening Questionnaire (FSQ) prior to FA.  The FSQ should be completed no earlier than 30 calendar days, but no later than 7 days prior to FA to provide time for medical evaluation, when indicated; however, failure to complete FSQ does not invalidate the FA.  A medical provider must evaluate all members with health issues identified on the FSQ prior to the FA.  Member must notify the Unit Fitness Program Manager (UFPM) of the assessment/training clearance status from the provider.  
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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request due to lack of documentation; specifically, an invalidation letter from his Commander.  A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, 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).
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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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant voiding the contested FA in its entirety.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice to warrant such relief.  In this respect we note, the applicant has provided a letter from his medical provider validating that he had a medical condition that affected his ability to successfully pass the cardio component of the FA.  Further, the FAAB has administratively corrected his record in the AFFMS to reflect that he was exempt from this component.  We have considered the applicant’s request to remove the FA in its entirety but do not find that he has provided sufficient evidence to support such corrective action.  However, should the applicant provide evidence that his medical condition precluded his successful completion of the other components of the contested FA, we would be willing to reconsider his request to void the FA in its entirety.  However, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04034 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member





The following documentary evidence was considered in AFBCMR Docket Number BC-2013-04034:

		Exhibit A.  DD Form 149, dated 23 Aug 13, w/atchs.
		Exhibit B.  Memorandum, AFPC/DPSIM, dated 6 Jan 14, w/atchs.
		Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 14.




                                   
                                   Panel Chair