RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04884

	XXXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 12 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

On 3 Mar 14 the applicant submitted an additional request for his FA scores on 26 Sep 12 and 31 Oct 12 to be removed from AFFMS.
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APPLICANT CONTENDS THAT:

He had a medical condition during the contested FAs, which precluded him from obtaining a satisfactory overall rating.

The medical condition has been validated through a medical evaluation.  His commander submitted the request to remove the 12 Sep 13 FA from his record, but it had already been entered into AFFMS.  

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

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STATEMENT OF FACTS:

At the time of the contested FA the applicant was serving as a Technical Sergeant (E-6) in the regular Air Force.

On 26 Sep 12, 31 Oct 12 and 12 Sep 13, the applicant participated in the contested FAs and attained unsatisfactory composite scores.

IAW AFI 36-2905, Fitness Program, dated 21 Oct 13, states any military member can appeal his or her Fitness Assessment through a Wing-Level Appeals Board and through the AFPC Fitness Assessment Appeals Board (FAAB), within two years of discovering the error/injustice.

In accordance with AFI 36-2905, if an Airman becomes injured or ill during the FA and is unable to complete all required components, he or she will have the option of being evaluated at the Medical Treatment Facility (MTF) but his or her test will still count unless rendered invalid by the unit commander within five days of the assessment.  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 five duty days or when capable based on the recommendations of the medical provider and the Exercise Physiologist (EP).

In accord with AFI 36-2905_ AFGM5 (3 Jan 13), paragraphs 2.3.2 through 2.3.2.2, all members must complete the Fitness Screening Questionnaire (FSQ) prior to taking a FA.  The FSQ should be completed no earlier than 30 but no later than 7 calendar days prior to FA to provide time for medical evaluation, when indicated; however, failure to complete an 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.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request for void/removal of FA dated 12 Sep 13. Specifically, the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of military records. 

A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Feb 14 for redirection. 

On 3 Mar 14 the applicant submitted a rebuttal email to the AFBCMR. In the rebuttal he makes an additional request for his FA scores on 26 Sep 12 and 31 Oct 12 to be removed.  He also noted a satisfactory FA he completed on 27 Jan 14.

The applicant submitted, in support of his rebuttal, medical documents relating to radiology, pathology, cardiovascular, and medications prescribed.  Additionally, he submitted an updated copy of his AFFMS report. 

The applicant’s complete rebuttal, with attachments, is at Exhibit C.

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THE BOARD CONCLUDES THAT:

1.	The applicant has not 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 to warrant removal of the FA dated 12 Sep 13.  Although the applicant has failed to exhaust the existing subordinate levels of review prior to seeking relief before this Board, we find a sufficient basis to remove the 12 Sep 13 FA.  In particular, the applicant has provided medical documentation validating that he had a medical condition at the time of the FA and a letter from his commander requesting that the FA be invalidated. Since this is sufficient evidence to grant the application, there would be nothing to be gained by insisting that the applicant apply for subordinate review. Therefore, being mindful of administrative economy, we recommend his records be corrected as indicated below.

4.	Notwithstanding the above, we find insufficient evidence to warrant taking action on the 26 Sep 12 and 31 Oct 12 FAs.  Unlike the 12 Sep 13 FA, the two later FAs lack a recommendation from the unit commander in support of their removal from the applicant’s record.  There is thus insufficient relevant evidence to support this portion of the applicant’s request.  Moreover, since this Board is the highest level of administrative review within the Air Force, once a final decision has been rendered the applicant will no longer be able to avail himself of the existing subordinate levels of administrative review.  Effectively, he would be denied the chance to perfect his case.  The applicant should therefore be advised that the Board is returning this portion of his application without action.  Additionally, the Board cannot grant reconsideration on this portion of his request unless and until he has exhausted all other avenues of relief.

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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 12 Sep 13, be declared void and removed from the Air Force Fitness Management System (AFFMS).

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The following members of the Board considered AFBCMR Docket Number BC-2013-04884 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:

	Exhibit A.  DD Form 149, dated 21 Oct 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 15 Jan 14.
	Exhibit C.  Letter, SAF/MRBR, dated 20 Feb 14.