RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04987
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA) dated 12 Mar 12, be declared void and removed from the Air Force Fitness Management System (AFFMS).
APPLICANT CONTENDS THAT:
He had a medical condition that precluded him from passing the contested FA. Specifically, his back gave out during the sit-up component of the test.
In support of his appeal, the applicant provides a Medical Determination Letter, signed by his medical provider on 11 Sep 12, which states he had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On the date the application was submitted the applicant was serving in the Regular Air Force in the grade of Staff Sergeant (E-5).
On 12 Mar 12, the applicant participated in a FA, attaining an overall composite score of 57.50, which constituted an Unsatisfactory assessment. The applicant was credited with the following component scores: Cardio Exempt, Abdominal Circumference 39.00/12.60 points, Push-ups 42/8.60 points, Sit-ups 29/1.80 points.
A list of the applicants last ten FA results is as follows:
Date
Composite Score
Sit-ups
Rating
9 Dec 13
82.00
Exempt
Satisfactory
9 Sep 13
29.33
Exempt
Unsatisfactory
25 Mar 13
79.00
Exempt
Satisfactory
10 Sep 12
78.33
Exempt
Satisfactory
11 Jun 12
66.44
Exempt
Unsatisfactory
*12 Mar 12
57.50
29/1.80
Unsatisfactory
14 Dec 11
53.00
Exempt
Unsatisfactory
13 Jun 11
79.00
Exempt
Satisfactory
1 Mar 11
Exempt
Exempt
Exempt
18 Nov 10
68.00
Exempt
Unsatisfactory
*Contested FA
On 14 Feb 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), stating There was no letter from the commander to support removal of the Fitness Assessment.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to change the contested FA in AFFMS due to lack of supporting evidence. DPSIM states, while the applicant provided a medical memorandum and the medical provider stated that he had a documented medical condition that precluded him from achieving a passing score on the FA, there was no evidence that specifically listed what the applicants limitations were for the fitness assessment.
In accordance with AFI 36-2905, Paragraph 4.2.2 "Providers will list physical limitations on the AF Form 469. When physical limitations preclude the member from participating in fitness activities for greater than 30 days and/or accomplishing the FA, the member will follow local policy to obtain an exercise prescription and determination of FA exemption from the EP/FPM. Unless member is given a composite exemption, member will continue to prepare for and be assessed on non-exempt components of the FA." and paragraph 4.2.2.2 "The provider will specify the length of time required for physical limitations.
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 was forwarded to the applicant on 12 May 14 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office.
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 an 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 a letter from 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 applicants 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, it may provide a basis 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-2013-04987 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04987 was considered:
Exhibit A. DD Form 149, dated 17 Oct 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 10 Mar 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 12 May 14.
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