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AF | BCMR | CY2013 | BC 2013 04664
Original file (BC 2013 04664.txt) Auto-classification: Approved
                   RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04664

			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs) dated 17 Jul 12, 26 Nov 12, and 
28 May 13 be declared void and removed from the Air Force 
Fitness Management System (AFFMS). 
________________________________________________________________

APPLICANT CONTENDS THAT:

The contested FA failures were unjust because he had a 
documented medical condition which precluded him from attaining 
a satisfactory score. 

He was taking medications which caused rapid weight gain and his 
mobility had been limited by medical conditions that restricted 
the distance he could walk.  He has submitted a list of 
medications and a letter from his civilian physician which 
corroborates his contention.

In support of his appeal the applicant submits; a Medical 
Determination letter, signed by his medical provider on 11 Jun 
13, which states the applicant “had a documented medical 
condition that precluded him from achieving a passing score in a 
non-exempt portion of the FA test.” 

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

STATEMENT OF FACTS:

On the date of the contested FAs the applicant was serving as a 
Technical Sergeant (E-6) in the Regular Air Force.

Applicant participated in the contested FAs on 17 Jul 12, 26 Nov 
12, and 28 May 13.  For each assessment he was exempted on the 
cardio and sit-up portions.  The applicant failed to meet 
minimum requirements on the abdominal circumference portion of 
each test.  

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.”

In accordance with (IAW) guidance at the time of contested FA, 
AFI 36-2905_ Fitness Program AFGM4&5 (26 Jun 13 & 3 Jan 13), 
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_ AFGM4&5 (26 Jun 13 & 3 Jan 13), 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.  
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to 
change the contested FAs in AFFMS due to lack of supporting 
evidence.  DPSIM states, the applicant provided a memorandum 
from his Primary Care Manager (PCM) supporting his claim. 
However, he did not provide documentation from the Unit 
Commander indicating his/her decision to invalidate the FA in 
accordance with AFI 36-2905, AFGM5, paragraph 13, (20 Dec 10).

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, was 
forwarded to the applicant on 7 Mar 14 for review and comment 
within 30 days.  As of this date, no response has been received 
by this office (Exhibit C).
________________________________________________________________


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 warranting 
partial relief.  While the applicant contends he had a medical 
condition that precluded him from successfully completing three 
of his FAs, we believe he has met his burden of establishing 
that only the FA dated, 28 May 2013 should be declared void.  
The office of primary responsibility (OPR) recommends denial of 
the request due to lack of supporting evidence; specifically, a 
commander invalidation memorandum.  However, since the applicant 
was not injured of became ill during the administration of the 
FAs, but rather had a documented medical condition which 
precluded him from attaining a satisfactory score, the commander 
could not have invalidated them.  Although the lack of such 
evidence is not a sufficient basis to deny the request, the 
applicant has not provided any support from his leadership.  The 
FAAB denied the request due to a lack of details about the 
applicant’s medical condition.  While the applicant’s submission 
is void of any support from the commander, he has provided a 
“Medical Determination Letter,” dated 11 Jun 2013 from his 
medical provider indicating that a medical condition precluded 
him from passing the contested FAs; and a letter, dated 28 Jun 
13, from an off-base provider stating the medication he was 
prescribed can cause rapid weight gain.  In view of this, we 
find sufficient evidence to support favorable consideration for 
the FA dated 28 May 13.  However, given that the FAs dated 
17 Jul 12 and 26 Nov 12 occurred approximately 7 and 11 months, 
respectively, prior to his provider’s medical recommendation, we 
find insufficient evidence for us to conclusively determine this 
portion of his request should be favorably considered.  However, 
should the applicant provide such evidence, we would be willing 
to reconsider his request.  Therefore, in view of the above and 
in absence of evidence to the contrary, we recommend the 
applicant’s records be corrected as indicated below.
________________________________________________________________

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 Assessment, dated 28 May 2013, be declared void and 
removed from the Air Force Fitness Management System (AFFMS). 
________________________________________________________________


The following members of the Board considered AFBCMR Docket 
Number BC-2013-04664 in Executive Session on 30 Apr 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04664 was considered:

		Exhibit A.  DD Form 149, dated 23 Sep 13, w/atchs.
		Exhibit B.  Memorandum, AFPC/DPSIM, dated 8 Jan 14,
			    w/atchs.
		Exhibit C.  Letter, SAF/MRBR, dated 7 Mar 14.



                                   
                                   Panel Chair


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