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AF | BCMR | CY2013 | BC 2013 04882
Original file (BC 2013 04882.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04882

	XXXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA), dated 16 Feb 12 be removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition that precluded him from obtaining an overall satisfactory rating on the contested FA.

The day after the contested FA he visited the base physician and was diagnosed with an upper respiratory infection (URI).  Had the condition been identified prior to the FA he would have been put on profile and been able to pass the assessment.

The Medical Provider Form he submitted indicates the physician’s diagnosis of an URI which contributed to his FA failure.  His claim is supported by medication notes for: mucus inhibitor, pain reliever, anti-biotic and cough suppressant.

A document issued by the base medical group, dated 17 Feb 12, indicates that he was diagnosed with a viral upper respiratory infection. 

On 29 Feb 12 his commander requested base medical evaluate him.  The medical provider indicated that the applicant “Did suffer from a medical condition that precluded him from achieving a passing score on the standard fitness assessment in the past 24 months.” 

He felt pressured to take the assessment but understands that it was ultimately his decision to test.  He feels he gave 110% and deserves an opportunity to correct his mistake of testing while sick. His attached AF IMT 1975 Fitness Improvement Activity Log displays that he has been making every effort to meet AF Fitness Assessment standards.

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 Sargent (E-5).

On 16 Feb 12 the applicant completed the contested FA with an unsatisfactory score of 72.40. 

A similar request was denied by the Fitness Assessments Appeals Board (FAAB) on 14 Feb 14 due to a lack of specific medical documentation as well as no commander’s invalidation letter.

In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM3 (3 Jan 12), 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_ AFGM3 (3 Jan 12), 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 remove the contested FA, citing the lack of a commander’s invalidation request.

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 25 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he had a medical condition that precluded him from obtaining an overall satisfactory rating on the contested FA. While the applicant has provided a “Medical Provider Form” signed by his medical provider 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; 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-2013-04882 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered in AFBCMR Docket Number BC-2013-04882:

	Exhibit A.  DD Form 149, dated  3 Oct 12, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 14 Mar 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 25 Mar 14.

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