RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04883

	XXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 1 Aug 12 be declared void and removed from the Air Force Fitness Management System (AFFMS). 
________________________________________________________________

APPLICANT CONTENDS THAT:

He was suffering from Hypophosphatemia due to lymes disease treatment at the time of the contested FA which precluded him from attaining a passing score.

In support of his appeal the applicant submits; an Emergency Care Center Discharge, signed by his medical provider on 1 Aug 13, which indicates the applicant was diagnosed with “weakness and low phosphate.” 

Additionally, he includes the following supporting documentation:  Result sheet for the contested FA, DD 422 Notification of Members Qualification Status dated 27 Sep 12 and 26 Sep 10 indicating he was exempt from push-ups, FA history, excerpts from his medical record, and a letter from his command chief requesting an EPR closeout extension.   

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 as a Chief Master Sergeant (E-9), on active duty status, for the Air National Guard (ANG).

On 1 Aug 12, the applicant participated in the contested FA, attaining an overall composite score of 73.67, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 14:02/45.20, Abdominal Circumference – 39”/12.60 points, Push-ups – exempt, Sit-ups – 40/8.50 points.

On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating “There was not enough or specific detailed medical documentation. Also, there was no letter from the commander invalidating the Fitness Assessment. The testimony the applicant provided was not sufficient.”

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 change the contested FAs in AFFMS due to lack of supporting evidence.  DPSIM states, the applicant did not provide documentation from the Unit Commander indicating his/her decision to invalidate the FA in accordance with AFI 36-2905, (AFGM3), paragraph 13, dated 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 28 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 medical documentation indicating the diagnosis of his condition, he has not met his burden of proving the contested FA should be removed from his records.  In this respect, we note the Emergency Care Center Discharge, signed by his medical provider, which shows the applicant was diagnosed with “weakness and low phosphate;” however, no “Medical Determination Letter” from his medical provider indicating that his condition precluded him from passing the FA was provided.  We also considered the AF Forms 422; however, according to these documents he tested within the limitations listed on his profile.  Moreover, the applicant’s submission does not contain a letter from the commander requesting the FA be invalidated.  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-2013-04883 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:

	XXXXXXXXX, Chair
	XXXXXXXXX, Member
	XXXXXXXXX, Member


The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04883 was considered:

	Exhibit A.  DD Form 149, dated 4 Oct 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 24 Jan 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 14.