RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04038
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Fitness Assessments (FA) scores, dated 26 May 11, 26 Sep 12,
29 Nov 12, and 4 Apr 13, be removed from his records.
APPLICANT CONTENDS THAT:
His Primary Care Physician (PCP) determined that he had a heart
condition that prevented him from passing the contested FAs;
therefore, he should have been exempted from the components he
failed.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of staff sergeant (E-5).
On 26 May 11, the applicant participated in the contested FA and
attained an overall composite score of 35.60, resulting in an
unsatisfactory rating.
On 26 Sept 12, the applicant participated in the contested FA
and attained an overall composite score of 30.00, resulting in
an unsatisfactory rating.
On 29 Nov 12, the applicant participated in the contested FA and
attained an overall composite score of 28.60, resulting in an
unsatisfactory rating. During this FA, the applicant did not
complete the cardio component.
On 29 Nov 12, the applicant reported to the Emergency Room (ER);
his discharge diagnosis was chest pain, palpitations, and
exertional headache. The ER found nothing that required
hospitalization; however, he was given two day release from his
normal activities and provided with instructions to follow up at
the Military Treatment Facility (MTF) the next day.
On 4 Dec 12, the applicant was evaluated by a civilian medical
provider for palpitations and atypical chest pain. It was also
noted that the applicant was a cigarette smoker with no previous
cardiac history. The applicants stress echocardiogram was
negative for ischemia, and the applicant was strongly encouraged
to begin smoking cessation as it is a cardiac risk factor.
On 17 Dec 12, the applicant reported palpitations but indicated
they were better. The provider indicated the applicants
palpitations were not life threatening. The applicant requested
a medication to help suppress them and was prescribed medication
to take at bedtime. A two-month follow up was recommended.
On 19 Feb 13, the applicant denied recurrent palpitations since
starting the medication the provider had prescribed. Smoking
cessation was strongly encouraged. Annual cardiovascular follow
up was recommended in the absence of symptoms.
On 4 Apr 13, the applicant participated in the contested FA and
attained an overall composite score of 35.80, resulting in an
unsatisfactory rating.
On 1 May 13, the civilian medical provider diagnosed the
applicant with Ventricular Tachycardia and prescribed medication
to aide in controlling his heart rate. The medical provider
also indicated this condition will affect the applicants
performance during high demand activities. It was advised that
the applicant be observed during such activities.
On 27 Jun 13, the applicants military medical provider issued
an AF Form 469, Duty Limiting Condition Report, which indicated
the applicant was restricted from performing the cardio
component (1.5 mile run or 1 mile walk) of the FA.
On 8 Jul 13, the applicants medical provider performed an
evaluation and records review to determine if there were medical
conditions that precluded the applicant from achieving a passing
score on the contested FAs. The provider determined the
applicant had a medical condition that precluded him from
achieving a passing score in a non-exempt portion of the
contested FAs.
On 26 Feb 14, the Fitness Assessment Appeals Board (FAAB)
corrected the applicants records to reflect that he was exempt
from the cardio component of the contested FAs; however, said
corrections had no impact on the overall rating of the 26 May
11, 26 Sep 12, and 29 Nov 12 FAs as they all remain
unsatisfactory; however, the administrative correction did
result in the 4 Apr 13 FA being a satisfactory rating.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is included at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, due to lack of supporting evidence
to substantiate an error or injustice. While the applicant
provided a medical memorandum and the medical provider stated
that he had a documented medical condition that precluded him
from achieving a passing score on the FA, there was no evidence
of what the applicant's limitations were for each fitness
assessment. The applicant's AF Form 469 that was provided only
covers the limitations between 27 June 2013 and 01 October 2013
The applicant provided a letter from his medical provider
indicating that he "had a documented medical condition that
precluded him from achieving a passing score in a non-exempt
portion of the FA test" for all four FAs in question, and the
applicant provided an AF Form 469, Duty Limiting Condition
Report, dated 27 Jun 2013, only restricting the applicant from
running and walking. However, because AFI 36-2905, Fitness,
paragraph 4.2.2 "Providers will list physical limitations on the
AF Form 469; when physical limitations preclude the member from
participating in fitness activities for greater than 30 days
and/or accomplishing the FA, the member will follow local policy
to obtain an exercise prescription and determination of FA
exemption from the Exercise Physiologist. Unless member is
given a composite exemption, member will continue to prepare for
and be assessed on non-exempt components of the FA." and
paragraph 4.2.2.2, "the provider will specify the length of time
required for physical limitations."
A complete copy of the AFPC/DPSIM evaluation, with attachments,
is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 12 May 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
applicants 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 (OPR) and adopt its rationale as the
basis for our determination the applicant is not the victim of an
error or injustice. Therefore, we find no basis to recommend granting
any relief beyond that rendered administratively.
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 BC-2013-04038 in Executive Session on 24 Sep 14, under
the provisions of AFI 36-2603:
Ms., Panel Chair
Ms., Member
Mr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 10 Mar 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 12 May 14.
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