RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04441

	XXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs), dated 22 Sep 10, 28 Mar 12, and 27 Dec 12, be declared void and removed or corrected to show “Exempt” in the Air Force Fitness Management System (AFFMS). 

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APPLICANT CONTENDS THAT:

He had an unknown pre-existing medical condition that precluded him from successfully passing the contested FAs.  

In support of his appeal the applicant submits a memorandum from his supervisor addressed to his commander explaining that a heart condition, Atrial Septal Defect, contributed to his unsatisfactory FA scores, and a Medical Determination letter, dated 13 Aug 13, signed by his medical provider validating his medical condition.  

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

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STATEMENT OF FACTS:

On the date of the contested FAs the applicant was serving as a Staff Sergeant (E-5) in the Regular Air Force.

On 22 Sep 10, the applicant participated in a FA, attaining an overall composite score of 83.20, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 11:49/52.40 points, Abdominal Circumference – 33.50”/20.00 points, Push-ups – 40/6.80 points, Sit-ups – 38/4.00 points.

On 28 Mar 12, the applicant participated in a FA, attaining an overall composite score of 81.90, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 12:07/50.90 points, Abdominal Circumference – 32.00”/20.00 points, Push-ups – 37/6.00 points, Sit-ups – 40/5.00 points.

On 27 Dec 12, the applicant participated in a FA, attaining an overall composite score of 23.50, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 16:12/0.00 points, Abdominal Circumference – 36.00"/17.00 points, Push-ups – 39/6.50 points, Sit-ups – 39/0.00 points.

A “Medical Condition Determination” letter, dated 13 Aug 13, provided by the applicant, and signed by his medical provider, indicates that he “had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion” of all three contested FAs.

On 20 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating “there was not enough or specific details of the medical condition provided from the applicant’s medical provider.”   

A list of the applicant’s last 10 FAs is as follows: 

Date 
Composite Score
Sit-Ups
Rating
5 Feb 14
82.00
Exempt
Satisfactory
19 Jun 13
79.00
Exempt
Satisfactory
25 Feb 13
85.00
Exempt
Satisfactory
*27 Dec 12
23.50
39/0.00
Unsatisfactory
25 Jun 12
84.70
47/8.00
Satisfactory
*28 Mar 12
81.90
40/5.00
Unsatisfactory
8 Sep 11
85.20
44/6.50
Satisfactory
7 Nov 10
88.90
50/8.70
Satisfactory
*22 Sep 10
83.20
38/4.00
Unsatisfactory
25 Mar 10
84.05
36/7.30
Good
*Contested FA

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove FAs, dated 28 Mar 12 and 27 Dec 12, due to lack of supporting evidence.  However, they recommend the 22 Sep 10 FA be removed, as the documentation provided is sufficient to corroborate the applicant's statement.

DPSIM states, the applicant has not provided documentation from the Unit Commander indicating his/her decision to invalidate the 28 Mar 12 and 27 Dec 12 FAs.  IAW AFI 36-2905_AFGM3, dated 3 Jan 12, and AFGM4; dated 26 Jun 12, paragraph l0a, "If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results." Also, there is no AF Form 469, AF Form 422, AF Form 108, or Medical Provider's memorandum for record stating any specific component exemption for any of the FAs in question. 

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 attachments, was forwarded to the applicant on 13 Apr 14 for review and comment within 30 days (Exhibit C).

In response to the Air Force evaluation, the applicant submits; an AF Form 469 detailing restrictions of his medical condition; another copy of the letter from his medical provider indicating “he had a medical condition that precluded him from achieving a passing score” on all three FAs, and a letter from his commander requesting removal of all the contested FAs. 

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

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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 FAs should be declared void. The FAAB disapproved the request, based on insufficient evidence to support the contention and AFPC/DPSIM recommends denial of the FAs dated, 28 Mar 12 and 27 Dec 12 stating, “he has not provided documentation from his unit commander indicating his decision to invalidate the FAs.”  However, in response to the Air Force evaluation, the applicant provided a signed letter from his commander requesting the contested FAs be invalidated.  Furthermore, we recognize the “Medical Determination Letter” and his medical records validate his medical condition and that it did in fact preclude him from passing the FAs.  Given the applicant provided the updated documentation and noting the severity of his medical condition, 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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessments, dated 22 Sep 10, 28 Mar 12, and 27 Dec 12, 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-2013-04441 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:

	XXXXXXXXX, Chair
	XXXXXXXXX, Member
	XXXXXXXXX, Member

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

     Exhibit A.  DD Form 149, dated 17 Sep 13, w/atchs.
     Exhibit B.  Memorandum, AFPC/DPSIM, dated 4 Dec 13 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 13 Apr 14.
     Exhibit D.  Letter, Applicant, dated 28 Aug 14 w/atchs.