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AF | BCMR | CY2013 | BC 2013 04605
Original file (BC 2013 04605.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04605

	XXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA) dated 12 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). 
________________________________________________________________

APPLICANT CONTENDS THAT:

His prescribed medication and an incorrect profile precluded him from obtaining an overall satisfactory rating on the contested FA.

He was administered a walk test while on a “no run” profile, but the profile did not show the walk test exemption. In detail, the applicant was on a Beta Blocker (Bystolic l0mg) medication, and according to AFI 36-2905 he is not cleared for the walk test component of the FA.  During the test, he advised the Fitness Assessment Cell Manager of his medical condition, but since his profile was incorrect he had to test.  When the FA was complete, he met with his provider and received an updated profile.     
  
In support of his appeal, the applicant submits; a personal statement indicating that he had a medical condition and should have been exempt from the walk test; and an AF Form 469, Duty Limiting Condition Report, dated 17 Sep 13 signed by his medical provider, indicating an updated profile which reflects an exemption for both the 1.5 Mile Run and the 1 Mile Walk component of the FA.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Staff Sergeant (E-5).

On 12 Sep 13, the applicant participated in a FA, attaining an overall composite score of 39.50, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 37/0.00, Abdominal Circumference – 34.50”/20.00 points, Push-ups – 57/10.00, Sit-ups – 52/9.50.

The applicant’s last 5 FA results are as follows:

Date 
Composite Score
Cardio
Rating
5 Dec 13
100.00
Exempt
Excellent
*12 Sep 13
39.50
37/0.00
Unsatisfactory
21 Mar 13
93.75
Exempt
Excellent
29 Sep 12
96.25
Exempt
Excellent
1 Dec 2011
95.00
Exempt
Excellent
*Contested FA

On 14 February 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), stating “There is no commander invalidation memorandum, nor medical documentation to support removal of Fitness Assessment.”

IAW AFI 36-2905, Table A13.1. Medication Affecting AF FA Participation, notes that beta blockers are a class of drug in which a person should be exempt from the Walk component of the FA due to a decreased heart rate.  
_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to change the contested FA in AFFMS due to the lack of supporting evidence.  

DPSIM references AFI 36-2905, AFGM 4 (dated 26 Jun 12) Paragraph 26: "If a member believes the administration of his/her FA score was in error or unjust, he/she may submit an application for correction of military records to the AFBCMR…” 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.”  DPSIM states, the applicant failed to provide proper medical documentation supporting his illness, and failed to provide an invalidation letter from the Unit Commander. 

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
_______________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Mar 14 the applicant submitted the following documents in response to the Air Force evaluation; a letter from his commander supporting his request to remove the contested FA; a letter and two AF Forms 469 from his medical provider indicating that he has a chronic medical condition and his profile should have reflected an exemption from the cardio component.

A copy of the applicant’s response, 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. 	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 FA should be declared void. The FAAB disapproved the request, stating there was no commander invalidation memorandum nor medical documentation to support the contention.  AFPC/DPSIM recommends denial due to a lack of supporting evidence, specifically a commander invalidation memorandum.  However, in response to the Air Force evaluation, the applicant submitted; a letter from his commander requesting the FA be invalidated; two AF Forms 469 indicating he had a medical condition; and a letter from his medical provider stating he had a chronic medical condition and should have had a profile reflecting an exemption from the contested FA cardio component.  In view of this additional evidence, 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._
________________________________________________________________

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 12 Sep 2013 be declared void and removed from the Air Force Fitness Management System.
________________________________________________________________




The following members of the Board considered AFBCMR Docket Number BC-2013-04605 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	XXXX, Panel Chair
	XXXX, Member
	XXXX, Member

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

	Exhibit A.  DD Form 149, dated 23 Oct 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 21 Jan 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 4 Mar 14.




                                   XXXX
                                   Panel Chair



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