RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04414

XXXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs), dated 12 Aug 08, 27 Apr 10, 29 Jul l0, 3 Nov l0, and 24 Apr 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:

Starting in August of 2006 she had a pre-existing medical condition which precluded her from attaining a passing score on the contested FAs.

On 7 May 12 she was medically evaluated, at the request of her commander, by the base physician to determine if she had a medical condition which precluded her from passing the contested FAs. The physician indicated that she did have such a condition.

A letter written by her medical provider supports her claim of a pre-existing medical condition.  The medical provider requests the FAs conducted on 12 Aug 08, 27 Apr 10, 29 Jul l0, 3 Nov l0, and 24 Apr 12 be waived due to “several concurrent and sequential health events which arose during that interval.” 

Additionally, she includes e-mail correspondence between her first sergeant and her physician regarding the medical assessment.

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 rank of Staff Sergeant (E-5).

On 12 Aug 08, 27 Apr 10, 29 Jul l0, 3 Nov l0, and 24 Apr 12, the applicant participated in the contested FAs, attaining an overall unsatisfactory composite score on each. 



On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis of “Insufficient docs (ex. Commander memorandum, medical docs, or FAC memorandum).”

In accordance with (IAW) guidance at the time of contested FAs, AFI 36-2905_ Fitness Program (3 Jan 10), 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 (3 Jan 10), 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.  The provider completes the bottom portion of the FSQ or the Medical Clearance Letter (MCL) if the member has no limitations and an AF Form 469, if applicable.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FAs from AFFMS, due to the lack of supporting evidence.  

DPSIM references AFI 36-2905, (3 Jan 10).  The applicant submitted neither an AF Form 422 Notification of Air Force Member's Qualification Status nor documentation from her commander requesting the assessments be invalidated. 

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 4 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief.  While the applicant contends her condition precluded her from passing five of her FAs, we believe she has only met her burden of establishing that there was an error with the FA dated, 24 Apr 12. We recognize the “Medical Determination Letter,” by her medical provider indicates that she was evaluated on 7 May 12 and concluded that she did have a condition that precluded her from passing the AC component of this FA.  In view of this, we find sufficient evidence to amend the applicant’s 24 Apr 12 FA to reflect that she was “Exempt” from this component.  However, regarding the remaining, we find that since these FAs occurred approximately two or more years prior to the medical provider’s recommendation, there is insufficient evidence to conclusively support approval.  Moreover, we note the applicant’s submission does not contain sufficient documentation to include; support from her commander requesting the FAs be invalidated or AF Forms 422 exempting her from these contested FAs.  Therefore, in view of the above and in absence of evidence to the contrary, we recommend granting partial relief and request 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 24 Apr 12, be amended in the Air Force Fitness Management System (AFFMS) to reflect that she was “Exempt” from the abdominal circumference component.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04414 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

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

		Exhibit A.  DD Form 149, dated 11 Sep 13, w/atchs.
		Exhibit B.  Memorandum, AFPC/DPSIM, dated 21 Jan 14, w/atchs.
		Exhibit C.  Letter, SAF/MRBR, dated 4 Mar 14.