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 applicants 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 applicants 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 applicants 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
applicants medical condition. While the applicants 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 providers 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
applicants 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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