RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04196

	XXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA) dated 14 Mar 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

Due to ankle injury, he was unable to successfully obtain a minimum passing score on the cardio component of the contested FA.

In support of the appeal, the applicant submits 22 Mar 13 AF Form 108, Physical Fitness Education and Intervention Processing.

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 technical sergeant (E-6).

On 14 Mar 13, applicant participated in the contested FA and attained an unsatisfactory score (36.10) completing all four components.

AF Form 108, signed by PCM on 22 Mar 13, documents “Member did identify the medical condition, but no DLC was generated.  Follow up with PCM for DLC.  Recommend invalidation of FA in question.”

A similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant should not have completed the FA due to injury.  Although the applicant’s injury was validated, there was no indication the commander invalidated the FA.



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

Date 
Composite Score
Rating
19 Nov 13
88.25
Satisfactory (Exempt from Cardio)
9 May 13
98.50
Excellent (Exempt from Cardio)
*14 Mar 13
36.10
Unsatisfactory (0 points from Cardio)
6 Sep 12
86.00
Satisfactory (Exempt from Cardio/SU)
19 Jan 12
83.67
Satisfactory (Exempt from Cardio/SU)

* Contested FA

In accordance with guidance at the time of contested FA, AFI 36-2905_AFGM5 (3 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 FA, 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 FA, 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 the AF Form 108 submitted did not have the unit commander’s signature at the bottom and he did not provide documentation of an invalidation memorandum from the unit commander in accordance with AFI guidance.

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. 	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he has met his burden of establishing the contested FA should be declared void. The FAAB disapproved the request, stating that while there was evidence to support his medical condition, a commander invalidation memorandum was not provided and AFPC/DPSIM concurred with the decision of the FAAB due to lack of supporting evidence.  While we note an invalidation memorandum from the unit commander was not submitted, we recognize the applicant’s medical provider indicated on the AF Form 108, Physical Fitness Education and Intervention Processing, that he did in fact have a medical condition that precluded him from passing the contested FA.  Given his medical provider’s recommendation to invalidate the FA and since the evidence of record confirms the applicant was injured during the assessment, we find a totality of the evidence supports favorable consideration of this request. Therefore, we recommend the applicant’s records be corrected as indicated below.
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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 14 Mar 2013 be declared void and removed from the Air Force Fitness Management System.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04196 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXXXX, Panel Chair
	Ms. XXXXXXXXX, Member
	Ms. XXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Sep 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 4 Dec 13, w/atchs.	Exhibit C.  Letter, SAF/MRBR, dated 21 Feb 14.




                                   XXXXXXXXX
                                   Panel Chair