RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04468
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. The Fitness Assessments (FAs) dated 22 Feb 11, 1 Mar 11, and
22 Jun 11 be declared void and removed from the Air Force Fitness Management System (AFFMS).
2. The resulting referral Officer Performance Report (OPR), rendered for the period 3 Mar 10 - 2 Mar 11 be corrected to reflect a non-referral status.
APPLICANT CONTENDS THAT:
He had an undiagnosed heart condition that precluded him from obtaining an overall satisfactory rating on the contested FA. This in turn generated a referral OPR for failing to meet fitness standards.
In support of his appeal, the applicant submits medical documentation, beginning in Oct 12 and ending 16 Apr 13, from two civilian cardiologists indicating a diagnosis of heart palpitations.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
At the time of the contested FAs, the applicant was serving in the Regular Air Force in the grade of Captain (O-3).
On 22 Feb 11, the applicant participated in the contested FA, attaining an overall composite score of 52.70, which constituted an Unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 14:58/27.10 points, Abdominal Circumference 37.50/15.10 points, Push-ups 31/4.50 points, Sit-ups 42/6.00 points.
On 1 Mar 11, the applicant participated in the contested FA, attaining an overall composite score of 64.80, which constituted an Unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 14:17/35.80 points, Abdominal Circumference 37.00/15.80 points, Push-ups 42/7.20 points, Sit-ups 42/6.00 points.
On 22 Jun 11, the applicant participated in the contested FA, attaining an overall composite score of 74.60, which constituted an Unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 13:33/42.30 points, Abdominal Circumference 35.00/20.00 points, Push-ups 38/6.30 points, Sit-ups 42/6.00 points.
An AF FM 707, Officer Performance Report (Lt thru Col), rendered for the period from 3 Mar 10 through 2 Mar 11 was issued as a referral report for failing to meet minimum requirements per AFI 36-2905.
On 31 Mar 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), indicating that the medical documentation did not support that he had a pre-existing injury in 2011 that would affect his performance on the contested FAs. Furthermore, the FAAB states, the medical records provided, dated 26 Sep 12 state the first injury/illness occurred in Feb 2012. Finally, the applicant did not provide any additional supporting documentation to consider, i.e., commanders invalidation, AF Form 422, etc.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to void and remove the FAs dated 22 Feb 11, 1 Mar 11, and 22 Jun 11. Specifically, the applicant failed to provide a medical invalidation that links the 16 Apr 13 diagnosis to the failed FAs in 2011. The applicant also failed to provide a Unit Commander's invalidation letter. In accordance with AFI 36-2905, Paragraph 10.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 the 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. NOTE: Original FA will count unless rendered invalid by the Unit Commander."
AFPC/DPSIDE recommends denial of the applicants request to void the contested OPR and states that based on DPSIMs advisory denying his request to void the contested FAs, a removal of his OPR should not be entertained. Furthermore, the applicant has not provided sufficient substantiating documentation or evidence to prove that the contested evaluation was rendered unfairly or unjustly.
A complete copy of the AFPC/DPSIM and AFPC/DPSIDE evaluations is at Exhibit B and Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 08 Sep 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 an error or injustice. After thoroughly reviewing the evidence of record and noting the applicants contentions, we are not persuaded that his diagnosed medical condition precluded him from obtaining an overall satisfactory rating on the contested FAs. In this respect, we note the letters from his off base medical provider indicating he had a heart condition; however, a Medical Determination Letter from his on base military provider linking the diagnosis to the contested FAs was not submitted. Moreover, the applicants submission does not contain support from his commander requesting the FA be invalidated, an 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. In view of this, the board also finds insufficient evidence to support removing the referral OPR, as it directly correlates to the contested FAs. Therefore, 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-2013-04468 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 31 Mar 14, w/atchs.
Exhibit C. Letter, AFPC/DPSID, dated 8 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 14.
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