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AF | BCMR | CY2013 | BC 2013 04042
Original file (BC 2013 04042.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04042

		COUNSEL:

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Fitness Assessment (FA), dated 3 Jul 12, be removed from his 
records.  


APPLICANT CONTENDS THAT:

Upon receiving a medical evaluation, he was diagnosed with mild 
asthma; therefore, the contested FA should be removed because 
his documented medical condition precluded him from a achieving 
a passing score on a non-exempt portion of the FA. 

The applicant’s 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 technical sergeant (E-6). 

On 23 May 11, the applicant participated in an FA and attained 
an overall composite score of 72.70, resulting in an 
unsatisfactory rating.

On 23 Feb 12, the applicant participated in an FA and attained 
an overall composite score of 49.10, resulting in an 
unsatisfactory rating.  

On 3 Jul 12, the applicant participated in the contested FA and 
attained an overall composite score of 63.80, resulting in an 
unsatisfactory rating.  

On 20 Dec 12, the applicant participated in an FA and attained 
an overall composite score of 43.25, resulting in an 
unsatisfactory rating.  During this FA the applicant was exempt 
from the cardio component.

On 20 Mar 13, the applicant participated in an FA and attained 
an overall composite score of 54.50, resulting in an 
unsatisfactory rating.  During this FA the applicant was exempt 
from the cardio component. 

On 11 Apr 13, the applicant’s 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 following FAs:  23 May 11, 23 Feb 12, 3 Jul 12, 20 
Dec 12, and 20 Mar 13.  The provider determined the applicant 
had a medical condition that precluded him from achieving a 
passing score in a non-exempt portion for the 3 Jul 12 FA. 

On 20 Feb 14, the Fitness Assessment Appeals Board (FAAB) 
disapproved the applicant’s request on the basis that the 
applicant’s injury was not validated by his medical provider and 
there was no indication that the commander wanted invalidate the 
contested FA.  Additionally, the applicant’s FA history reflects 
a trend of failures. 

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 
documentation to demonstrate an error or injustice.  While the 
applicant contends that he had a medical condition which 
precluded successful completion of the 3 Jul 12 FA, he did not 
provide specific physical limitations by a medical provider or a 
commander's invalidation letter.  In accordance with AFI 36-
2905, Fitness Program, 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 the member is given a composite exemption, 
the 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."  While the applicant provided a memorandum from 
the medical provider that stated he had a medical condition that 
precluded him from achieving a passing score in a non-exempt 
portion of the FA, there is nothing that states what the 
applicant's limitations were at that time.  A 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.  

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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

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; 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.  While 
the applicant has provided documentation indicating that he had 
a medical condition that precluded him from passing the 
contested FA, said documentation does not indicate the precise 
nature of the condition and makes it impossible for us to 
conclusively determine if the condition unfairly precluded him 
from attaining a passing score on the contested FA and, if it 
did, what kind of relief would be appropriate.  Therefore, we 
find no basis to recommend granting the relief sought in this 
application.
	

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-2013-04042 in Executive Session on 24 Sep 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Jul 13, w/atch.
	Exhibit B.  Letter, AFPC/DPSIM, dated 19 Mar 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 12 May 14.
						

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