RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04379

	XXXXXXXXXXX 	COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her Fitness Assessments (FA), dated 8 Mar 11 and 19 Apr 12 be removed and declared void from the Air Force Fitness Management System (AFFMS).



APPLICANT CONTENDS THAT:

She was not “unfit,” but instead did not test well on the days of the contested FAs.  To prove that she in fact was fit for duty, she received her commander’s approval to re-take the FAs prior to the 42-day prescribed period.   She then re-took the FAs in less than 1 week and just over 2 weeks, respectively, and achieved a passing score on both. 

In support of her appeal, the applicant provides; medical records, dated 4 May 12, indicating that she was seen by her medical provider for post-deployment anxiety, which began approximately 2 years prior.

On 13 May 14 an e-mail from the applicant was submitted to clarify other factors that were affecting her during the time of the FAs.  In the e-mail she states:

“What I did not address was the mental health fitness struggles that I had surfaced post deployment as PTSD. I never spoke about my deployment to friends or family when I got back because any mention of my deployment would send me in a spiral of tears and uncontrollable emotions. I was stuck and while 2 1/2 years had passed it was as if in my mind, I had just returned. I exhibited high anxiety, sadness and disconnectedness. Subsequently (I) did get mental health assistance and went through intensive Cognitive Behavioral Therapy treatment. This is documented in my records, I believe at Andrews. While this seemed to me unrelated at time of my request, I realize it was significant and that I needed to add this as part of the Board's consideration.” 

The applicant’s complete submission, with attachments, is at Exhibit A. 



STATEMENT OF FACTS: 

The applicant was serving in the regular Air Force in the grade of major (0-4) during the matter under review.

On 8 Mar 11, the applicant participated in the contested FA, and attained an overall composite score of 32.10, resulting in an “unsatisfactory” rating.

On 14 Mar 11, the applicant participated in the contested FA, and attained an overall composite score of 86.70, resulting in a “satisfactory” rating.

On 19 Apr 12, the applicant participated in the contested FA, and attained an overall composite score of 33.40, resulting in an “unsatisfactory” rating.

On 7 May 12, the applicant participated in the contested FA, and attained an overall composite score of 89.00, resulting in an “satisfactory” rating.

On 7 Jan 14, the Fitness Assessment Appeals Board (FAAB) disapproved the applicant’s request to remove the contested FAs on the basis that an AF Form 469, Duty Limiting Report or AF Form 422, Notification of Air Force Member’s Qualification Status was not provided.



AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request for the contested FAs due to lack of supporting evidence.  The applicant contends that, with approval from the Commander, she retested 6 days after the 8 Mar 11 FA, and 18 days after the 19 Apr 12 FA, with a score of 86.20 and 89.00 respectively.  Per AFI 36-2905 "Airmen must retest within 90 days following an Unsatisfactory FA.  Unit Commanders may not mandate Airmen retest any sooner than the end of the 90-day reconditioning period; however, Airmen may volunteer to do so.  Retesting in the first 42 days after an Unsatisfactory FA requires Unit Commander approval since recognized medical guidelines recommend 42 days as the minimum timeframe to recondition from Unsatisfactory to Satisfactory status in a manner that reduces risk of injury." The applicant was retested within her given 90-day reconditioning period; however, there is no evidence that the commander mandated she retest at these times. If the applicant had provided a memorandum from her commander stating he mandated these FAs (i.e. 14 Mar 11 and 7 May 12) we could have removed the FA retests.  Additionally, while the applicant provided medical documentation that shows she sought medical attention on 17 Feb 12 and 04 May 12, she did not provide any supporting documentation that shows that she was allowed or mandated to test within the 42 days of the first FA failure.

A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.

________________________________________________________________
________________________________________________________________APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, was forwarded to the applicant on 2 Jul 14 for review and comment within 30 days (Exhibit C).  

On 23 Jul 14 the applicant provided a statement, which details her account of the facts related to her request.  The applicant indicates in reference to the 8 Mar 11 FA failures that she spoke to her commander and Unit Fitness Program Manager (UFPM) and was provided verbal approval; at that time and to her knowledge there was no requirement for additional documentation to be provided giving her approval to retest from her commander.  For the 19 Apr 12 FA failure, she provided supporting documentation of her attending Physical Fitness Education Intervention class on an AF Form 108, and a memorandum from her leadership indicating she did not have a poor fitness level and she was approved to retest on 7 May 12. 

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit D.

_______________________________________________________________

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 medical documentation indicating a medical condition and in her response to the Air Force evaluation, submitted further evidence that she was authorized to retake the contested FAs prior to the 42-day reconditioning period, she has not met her burden of proving the contested FAs should be removed from her records.  Even if her commander allowed her to take the FAs early, it does not remove the contested FA failures from her records.  In this respect, we note the applicant has not provided; a “Medical Determination Letter” from her medical provider along with a “Commander Invalidation Memorandum,” requesting that the FAs be removed from her records; an AF Form 422 exempting her from the contested FAs; or the Fitness Screening Questionnaire she was required to complete prior to participating in each assessment. Should the applicant provide such evidence, we would be willing to reconsider her 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.

________________________________________________________________

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-2013-04379 in Executive Session on 6 Nov 14, under the provisions of AFI 36-2603:

	XXXXXXXXXXX, Panel Chair
	XXXXXXXXXXX, Member
	XXXXXXXXXXX, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 8 Sep 13, w/atchs.
	   Exhibit B.  Memorandum, AFPC/DPSIM, dated 27 May 14 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 2 Jul 14.
     Exhibit D.  Applicant’s Rebuttal, e-mail dated 15 May 14                
                 w/atchs.