RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04200
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 28 Mar 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
He had a pre-existing medical condition, which should have placed him on profile during the contested FA
In support of his appeal the applicant submits; a Medical Determination letter, signed by his medical provider on 30 Apr 13, which states the applicant had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
On the date of the contested FA the applicant was serving as a Technical Sergeant (E-6) in the Regular Air Force.
On 28 Mar 13, the applicant participated in the contested FA, attaining an overall composite score of 9.20, which constituted an unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 15:22/0.00, Abdominal Circumference 42/0.00 points, Push-ups 23/0.00 points, Sit-ups 49/9.20 points.
On 20 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating The applicant's injury was not validated by the applicant's medical provider. Also, there was no indication the commander wanted to invalidate the Fitness Assessment.
In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM5 (3 Jan 13), Attachment 1, Section 10, If an Airman becomes injured or ill during the FA and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but his/her test will still count unless rendered invalid by the Unit Commander. If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results. The Airman will then be required to retest within 5 duty days or when capable based on the recommendations of the medical provider/MLO and the Exercise Physiologist. If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.
IAW AFI 36-2905_AFGM5 (3 Jan 13), paragraphs 2.3.2 through 2.3.2.2 All members must complete the Fitness Screening Questionnaire (FSQ) prior to FA. The FSQ should be completed no earlier than 30 calendar days, but no later than 7 days prior to FA to provide time for medical evaluation, when indicated; however, failure to complete FSQ does not invalidate the FA. A medical provider must evaluate all members with health issues identified on the FSQ prior to the FA. Member must notify the Unit Fitness Program Manager (UFPM) of the assessment/training clearance status from the provider.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to change the contested FA in AFFMS due to lack of supporting evidence. DPSIM states, the applicant provided a memorandum from his Primary Care Manager (PCM) supporting his claim. However, he did not provide documentation from the Unit Commander indicating his/her decision to invalidate the FA in accordance with AFI 36-2905 AFGM5 (3 Jan 13), paragraph 10b.
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, with attachment, was forwarded to the applicant on 7 Mar 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 letter from his medical provider indicating 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 applicants submission does not contain sufficient documentation to include; support from his commander requesting the FA be invalidated; 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-2013-04200 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:
XXXXXXXXX, Chair
XXXXXXXXX, Member
XXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jun 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 4 Dec 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 Mar 14.
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