RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04939

	XXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

She had hypothyroidism and was awaiting her test results to validate her medical condition.  Due to issues that were beyond her control with scheduling medical appointments and lost blood sample labs, she did not receive the diagnosis of her condition until long after the contested FA.  Once her evaluation was complete, her medical provider indicated on the AF Form 108, Physical Fitness Education and Intervention Processing, that her medical condition prevented her from passing the Abdominal Circumference (AC) component of the test and precluded her from obtaining an overall passing score.  As soon as she received the signed AF Form 108 from her medical provider, she obtained her commander’s signature to invalidate the test results.

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

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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 Apr 13, the applicant participated in a FA, attaining an overall composite score of 0.00, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – Exempt, Abdominal Circumference – 36.00”/0.00 points, Push-ups – Exempt, Sit-ups – Exempt.

The applicant provided an AF Form 108, dated 4 Oct 13, signed by her medical provider and her commander, stating “the member had a documented medical condition that precluded her from achieving a passing score in a non-exempt portion of the FA test.”

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.”

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

Date 
Composite Score
AC Component
Rating
4 Dec 2013
76.67
34.50”/14.50
Satisfactory
19 Jul 13
Exempt
Exempt
Exempt
*22 Apr 13
0.00
36.00/0.00
Satisfactory
30 Jun 12
Exempt
Exempt
Exempt
29 Dec 11
95.33
32.00”/17.60
Excellent
*Contested FA

On 14 Feb 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), stating “there should be more detailed information on the AF Form 108 or medical documentation describing the medical issue.  Also, the medical documentation was untimely since it was initiated six months after the Fitness Assessment.”

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request due to untimely unit commander invalidation.  DPSIM references AFI 36-2905, Fitness Program AFGM 5 (dated 3 Jan 13) stating that while the applicant had a documented medical condition that precluded her from passing, the invalidation letter is dated 4 Oct 13, which exceeded the 5-day allotted time period.  

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.

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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).

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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 AF Form 108, Physical Fitness Education and Intervention Processing, is used as a training tool, we recognize that her medical provider indicated that a medical condition precluded her from achieving a passing FA score.  Additionally, we note that the commander also signed the AF Form 108; however she has not met her burden of proving the contested FA should be removed from her records.   In this respect, the commander did not indicate that he wanted to invalidate the contested FA and if in fact he does support the request, then it should be documented on a signed memorandum explaining his reasons for removing the FA (an example of this  “Commander Invalidation Memorandum” can be found in AFI 36-2905).  Moreover, the applicant’s submission does not contain sufficient documentation to include; AF Form 422 exempting her from the contested FA or the Fitness Screening Questionnaire she was required to complete prior to participating in the assessment. Should the applicant provide such evidence, we would be willing to reconsider her 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.

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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04939 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:

	XXXXXXXXX, Chair
	XXXXXXXXX, Member
	XXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Sep 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 7 Jan 14, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 14 Mar 14.