RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04146

	XXXXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessments (FA) dated 7 Nov 11 and 29 Mar 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

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APPLICANT CONTENDS THAT:

Due to medical reasons he was unable to successfully pass the contested FAs.

In support of the appeal, the applicant submits a memorandum documenting that he had a medical reason that precluded him from achieving passing scores.

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 7 Nov 11, the applicant participated in the contested FA and attained an unsatisfactory score (42.10) completing all four components.

On 29 Mar 13, the applicant participated in the contested FA and attained an unsatisfactory score (30.00) completing all four components.

A similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant did not provide any documentation describing the injury and why he could not pass the contested FAs.

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

Date 
Composite Score
Rating
27 Sep 13
82.00
Satisfactory (Exempt from Cardio/PU/SU)
28 Jun 13
60.50
Unsatisfactory (0 points for SU; Exempt from Cardio)
*29 Mar 13
30.00
Unsatisfactory (0 points for Cardio)
20 Sep 12
79.67
Satisfactory (Exempt from Cardio/SU)
5 Mar 12
85.00
Satisfactory (Exempt from Cardio/SU)
9 Feb 12
71.50
Unsatisfactory (Low points for SU; Exempt from Cardio)
*7 Nov 11
42.10
Unsatisfactory (15.50 Points for Cardio; Low points for PU/SU)
7 Apr 11
84.33
Satisfactory (Exempt from Cardio/SU)
22 Dec 10
69.50
Unsatisfactory (Low points from PU/SU; Exempt from Cardio)* Contested FA

In accordance with guidance at the time of the 7 Nov 11 contested FA, AFI 36-2905 AFGM2.1 (1 Jul 11), Attachment 1, Section 13, “If an Airman becomes injured or ill during the fitness assessment and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but their test will still count unless rendered invalid by the Unit Commander.”

In accordance with guidance at the time of the 29 Mar 13 contested FA, AFI 36-2905 AFGM5 (2 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 FAs, 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 FAs, 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, that although the applicant has demonstrated a medical condition which would preclude him from passing the contested FAs, he did not provide an invalidation memorandum from the unit commander.  DPSIM also stated that the 24 Jul 13 Medical Condition Determination for FA Test Failures memo showing applicant had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test is for administrative separation purposes only.

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 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 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.  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 that the applicant has not been the victim of an error or injustice.  While the applicant has provided a “Medical Determination Letter” from his medical provider indicating that he had a medical condition, he has not met his burden of proving the contested FA should be removed from his records.  In this respect, we note the applicant’s submission does not contain sufficient documentation to include; support from his commander requesting the FA be invalidated; an AF Form 422 exempting him from the contested FA; or the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment.  Should the applicant provide such evidence, we would be willing to reconsider his request.  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-2013-04146 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:

	XXXXXXXX, Chair
	XXXXXXXX, Member
	XXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Aug 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 6 Jan 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 21 Feb 14.