RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04890
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA) dated 28 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
During the FA the applicant reinjured a strain on a surgically repaired right hernia. This injury precluded him from passing the contested FA.
The applicant states that he immediately informed the FAC and made an appointment with his medical provider. After reporting to the hospital the following day he was placed on a profile for the injury he received during the test. His Unit Fitness Program Manager then contacted the FAC personnel requesting removal of the FA from his records; however, the scores had already been entered into AFFMS.
In support of his appeal, the applicant provides an AF FM 469 validating his injury.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On the date the application was submitted the applicant was serving as a Staff Sergeant (E-5) in the Regular Air Force.
On 28 Aug 13, the applicant participated in a FA, attaining an overall composite score of 35.40, which constituted an unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 15:55/0.00 points, Abdominal Circumference 36.00/17.00 points, Push-ups 56/8.90 points, Sit-ups 55/9.50 points.
An AF FM 469, Duty Limiting Condition Report, provided by the applicant and signed on 29 Aug 13 by his medical provider (a day after the FA) indicates an exemption for the 1.5 mile run. The expiration date of this profile was 12 Oct 13.
A list of the applicants last five FAs is as follows:
Date
Composite Score
Cardio
Rating
21 Nov 13
91.50
Exempt
Excellent
28 Aug 13
35.40
15:55/0.00
Unsatisfactory
1 Feb 13
87.50
Exempt
Satisfactory
18 Jul 12
88.25
Exempt
Satisfactory
12 Mar 12
78.80
13:44/39.30
Unsatisfactory
*Contested FA
On 20 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating the applicants injury was not validated by the applicants medical provider. Also, there was no indication the commander wanted to invalidate the Fitness Assessment.
In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program, 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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request due to lack of supporting evidence. DPSIM states, the applicant did not submit a Unit Commanders invalidation memorandum IAW AFI 36-2905.
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 14 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. 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 we note the AF FM 469 exempted him from the 1.5 mile run, he has not met his burden of proving the contested FA should be removed from his records. In this respect, the profile was issued after the contested FA already took place and no medical determination letter indicating that his injury precluded him from passing the FA was provided. Furthermore, the applicants submission does not contain support from his 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-2013-04890 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:
XXXXXXXX, Chair
XXXXXXXX, Member
XXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04890 was considered:
Exhibit A. DD Form 149, dated 30 Sep 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 7 Jan 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 14 Mar 14.
AF | BCMR | CY2013 | BC 2013 04682
The applicants last 5 FA results are as follows: Date Composite Score Cardio Rating 30 Oct 13 82.75 Exempt Satisfactory 28 Aug 13 32.60 32/0.00(1-mile walk) Unsatisfactory *13 Aug 13 71.75 Exempt Unsatisfactory 13 Feb 13 87.00 Exempt Satisfactory 7 Aug 12 80.20 15:52/44.10 Satisfactory * Contested FA A similar request was denied by the Fitness Assessment Appeals Board (FAAB) on 14 Feb 14 on the basis of no letter from the commander to invalidate the Fitness Assessment. Also, no AF Form...
AF | BCMR | CY2013 | BC 2013 02538
For RegAF and AGR Airmen, the FAC (or UFPM where no FAC exists) will enter the FA results in AFFMS on the 6th duty day if the Commander does not invalidate test results or no response from the Commander is received within this timeframe; Atch 1, Para 10a. Commander memorandum, medical docs, or FAC memorandum). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request to remove the contested FA from AFFMS,...
AF | BCMR | CY2013 | BC 2013 05279
On 25 Oct 13 she received an updated AF Form 469, stating that she was exempt from the cardio component of the FA. The applicant's AF Form 469 shows the cardio limitations expired on 23 Sep 13, which would have allowed the applicant to complete the cardio component of the FA. The applicant did not provide an updated AF Form 469 to show the exemption expired on a later date.
AF | BCMR | CY2013 | BC 2013 02521
Along with his personal statement, the applicant provided a memorandum from his medical provider that validates he had a medical condition that precluded him from achieving a passing score on the contested FA. On that same memorandum, the applicants medical provider indicated he had a documented medical condition that precluded him/her from achieving a passing score in a non-exempt portion of the FA test. IAW AFI 36-2905; Atch 1, Para 10, If an Airman becomes injured or ill during the...
AF | BCMR | CY2013 | BC 2013 02580
A list of the applicants complete FA history is as follows: Date Composite Score Cardio Rating 4 Aug 2013 33.00 17:41/0.00 Unsatisfactory *5 May 2013 26.50 INC/0.00 Unsatisfactory 14 May 2012 91.70 12:19/57.60 Satisfactory * Contested FA On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of Insufficient evidence; specifically AF Form 422 and medical...
AF | BCMR | CY2013 | BC 2013 04605
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04605 XXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 12 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 20 Mar...
AF | BCMR | CY2013 | BC 2013 02692
The applicants complete submission, with attachments, is at Exhibit A. A list of the applicants last five FA results is as follows: Date Composite Score Rating 26 Jul 2013 79.30 Satisfactory *30 Apr 2013 36.50 Unsatisfactory 12 Oct 2012 81.90 Satisfactory 3 Oct 2012 71.60 Unsatisfactory 15 May 2012 Exempt Exempt *Contested FA On 7 Jan 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of Insufficient evidence; specifically no...
AF | BCMR | CY2013 | BC 2013 02951
The applicant provided documentation validating her medical condition including; an AF FM 469, Duty Limiting Condition Report; an AF FM 422 Notification of Air Force Members Qualification Status; a medical evaluation letter signed by her medical provider; and her Enlisted Performance Evaluation (EPR) with a close-out date of 1 Apr 13, which indicates she Meets the fitness standard at the close-out of her report. The applicants last 5 FA results are as follows: Date Composite...
AF | BCMR | CY2013 | BC 2013 02587
In support of his claim, the applicant has submitted a letter from his UFPM and a Standard Form 600, Chronological Record of Medical care, indicating that he had an illness, precluding him from finishing and passing the contested FA and memorandum from his UFPM (not dated) to the Force Support Squadron commander requesting removal of the contested FA from AFFMS. If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided. A list of...
AF | BCMR | CY2013 | BC 2013 04714
He also provided a memorandum from the medical provider dated 01 Jul 13, that validated he had a medical condition that precluded him from passing the 19 Jun 13 FA and then was issued an AF Form 469. In regards to the FA dated 19 Jun 13, we recognize the letter from his medical provider, which states that a medical condition prevented him from passing. Furthermore, the applicant contends that since the FAs dated 31 July 12 and 28 Dec 12 now reflect a passing score in AFFMS and the FAs...