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 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 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 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 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 applicants request on the basis that the
applicants injury was not validated by his medical provider and
there was no indication that the commander wanted invalidate the
contested FA. Additionally, the applicants 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 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. 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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