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AF | BCMR | CY2013 | BC 2013 04717
Original file (BC 2013 04717.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04717

	XXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 22 Jul 13, be declared void and removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He has asthma and his heart rate was affected by oxygen intake, causing him to have an elevated heart rate and precluding him from passing the cardio component (1-mile walk) of the contested FA.  

To regulate his asthma condition, he was prescribed Albuterol and Advair; however, in Jul 12 he relocated from Hill AFB to Vandenberg AFB and due to the change in elevation his medical provider allowed him to stop his daily medications.  Since that time, his heart rate has been more erratic than in the past, but in Oct 13 (after the FA failure) he was once again prescribed medication to control his asthma.

On Jul 13, he performed the 1-mile walk test, but his heart rate elevated to 179 beats per minute and caused him to receive a zero for the cardio component of the test.  

In support of his appeal, the applicant submits a personal letter and an AF Form 108, Physical Fitness Education and Intervention Processing, signed by his medical provider.

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

________________________________________________________________

STATEMENT OF FACTS:

On the date of the contested FA the applicant was serving in the Regular Air Force in the grade of Master Sergeant (E-7).

On 22 Jul 13, the applicant participated in a FA, attaining an overall composite score of 18.88, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio (1-mile walk) – 35/0.00, Abdominal Circumference – 37.50”/15.10 points, Push-ups – Exempt, Sit-ups – Exempt.

A list of the applicant’s last 5 FAs is as follows: 

Date 
Composite Score
Cardio
Rating
*22 Jul 13
18.88
35/0.00
Unsatisfactory
25 Mar 13
59.63
38/47.70
Unsatisfactory
10 Sep 12
79.78
39/49.80
Satisfactory
24 Feb 12
78.33
41/47.20
Satisfactory
19 Aug 11
86.00
44/52.40
Satisfactory
*Contested FA

An AF Form 108, dated 4 Sep 13, signed by his medical provider, states “the member has been evaluated and has a medical condition precluding the achievement of a passing score.”  

On 20 Feb 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis that, “the applicant’s injury was validated by the applicant’s medical provider, but there was no indication the commander wanted to invalidate the Fitness Assessment.”

In accordance with (IAW) AFI 36-2905, Para 9.4.1 “Unit CC or equivalent will use the AF Form 108 as a tool to document mandatory education and intervention requirements. The failure of command or command representatives to sign, annotate, or otherwise complete the AF Form 108 in no way lessens the member’s overarching responsibility for his/her own fitness and compliance with AF fitness standards.” Para 9.4.5, “Medical provider will sign AF Form 108 if member is referred for medical evaluation following an unsatisfactory score. Members with unsatisfactory scores may be scheduled for a medical evaluation to determine if there are possible medical indicators that prohibit program success.”

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request due to the lack of supporting evidence.  Specifically, while the applicant provides an AF Form 108, signed by his medical provider, there is no evidence that specifically lists what the applicant’s limitations were for the fitness assessment.  

AFI 36-2905, paragraph 4.2.2 states, "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." and paragraph 4.2.2.2. "The provider will specify the length of time required for physical limitations."

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 attachments, was forwarded to the applicant on 2 May 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 an AF Form 108, Physical Fitness Education and Intervention Processing, signed by his medical provider and indicating he had a medical condition, he has not met his burden of proving the contested FA should be removed from his records. In this respect, we note the applicant’s submission does not contain sufficient documentation to include 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. Should the applicant provide such evidence, 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-2013-04717 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:

	XXXXXXXX, Chair
	XXXXXXXX, Member
	XXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Oct 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 10 Mar 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 2 May 14.

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