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AF | BCMR | CY2013 | BC 2013 04694
Original file (BC 2013 04694.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04694

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 6 Dec 12 be removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________

APPLICANT CONTENDS THAT:

His AF form 469 Duty Limiting Report unjustly exempted him from preforming push-ups due to back problems.  This resulted in him being unable to attain a satisfactory composite score on the contested assessment.  A later AF 469 allowed him to participate in push-ups and he passed a subsequent FA.

The applicant’s complete submission including: MFR fitness assessment letter, AF 469 for time period of assessment, AF 469 for assessment with passing score, medical documentation, and PT score sheet history is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the regular Air Force in the rank of Senior Master Sergeant (E-8).

On 6 Dec 12 the applicant completed the contested FA with an unsatisfactory composite score of 63.00.  He was exempted from all but the the abdominal circumference (AC) component.

On 17 Dec 13, the applicants request was considered and denied by the Fitness Assessment Appeals Board (FAAB) citing that the member was tested within his AF 469 profile.

In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM3 (3 Jan 12), 4.2.2. Providers will list physical limitations on the AF Form 469. When physical limitations preclude the member from participating in fitness activities for greater than 30 days and/or accomplishing the FA, the member will follow local policy to obtain an exercise prescription and determination of FA exemption from the EP/FPM. Unless member is given a composite exemption, member will continue to prepare for and be assessed on non-exempt components of the FA.
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA, citing a lack documentation indicating the applicant should have been allowed to complete the push-up component.

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 21 Feb 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. 	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  While the applicant has provided documentation confirming a medical condition, he has not met his burden of proving how this condition precluded him from successfully completing the contested FA.  In this respect, we note the AF Form 469 and AF Form 422 which indicate a medical condition exempted the applicant from the push-up component of the contested FA and he has provided no documentation that establishes that he should have been allowed to perform this component.  Therefore, he tested within the limits of his profile and per AFI he was correctly assessed on the non-exempt components of the FA. Should the applicant provide evidence to the contrary, we would be willing to reconsider his request.  However, 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-2013-04694 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXXX, Panel Chair
	Ms. XXXXXXXX, Member
	Ms. XXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Jul 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 4 Dec 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 21 Feb 14.




                                   XXXXXXXX
                                   Panel Chair


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