RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05052

			COUNSEL:  NONE 

			HEARING DESIRED:  NO
					

________________________________________________________________


APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 24 Jun 13 be declared void 
and removed from the Air Force Fitness Management System 
(AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition during the contested FA, which 
precluded him from obtaining a satisfactory overall rating.  FA 
results were entered into the AFFMS before the Fitness 
Assessment Cell (FAC) could be notified of the intent to seek 
medical consultation.  

The medical condition was validated through a medical evaluation 
on 8 Jul 13 and he was placed on a profile.  He completed the FA 
on 15 Jul 13 within the context of the profile and passed with 
an overall score of 82.8.  In support of his contentions, he 
submits a Primary Care Manager Memorandum dated 8 Jul 13, 
recommending the contested FA be invalidated and noting the 
applicant was cleared to retake the FA within 10 duty days, due 
to a pending profile; a Duty Limiting Condition Report (AF Form 
469), dated 8 Jul 13, and a Fitness Assessment Score Sheet, 
dated 15 Jul 13.

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

______________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of technical sergeant (E-7).

On 24 Jun 13, the applicant participated in the contested FA and 
attained an unsatisfactory score.  Information extracted from 
the AFFMS indicates the applicant failed the cardio component of 
the contested FA, completing the 1.5 mile run in 15:45 for a 
score of 00.00.  According to AFI 36-2905 3 Jan 13, the maximum 
acceptable run time for his age group (males 30-39 yrs) is 
14:00.  He exceeded the maximum run time by 1:45.  He passed the 
other components of the contested FA.

The applicant’s last five FA results are as follows:

Date 
Composite Score
Rating
31 Jan 14
88.00
Satisfactory
15 Jul 13
82.80
Satisfactory
*24 Jun 13
31.30
Unsatisfactory
26 Nov 12
82.75
Satisfactory
7 May 12
82.25
Satisfactory

* Contested FA

In accordance with guidance at the time of contested FA, AFI 36-
2905_AFGM4 (26 Jun 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.” Additionally, Paragraph a states, “If the medical 
evaluation validates the illness/injury and provides supporting 
medical documentation, the Unit Commander may invalidate the FA 
results by notifying the FAC in writing. If the FA is 
invalidated, the Airman will be required to retest on all non-
exempt FA components within five duty days from original FA test 
date. If an AF Form 422 is required, an additional five duty 
days will be allowed for the AF Form 422 to be generated and 
provided. NOTE: Original FA will count unless rendered invalid 
by the Unit Commander.”

In accordance with guidance at the time of the 24 Jun 13 
contested FA, AFI 36-2905 AFGM5 (2 Jan 13), Attachment 1, 
Section 10, Paragraph b., “If the medical evaluation validates 
the illness/injury and provides supporting medical 
documentation, the Unit Commander may invalidate the FA results 
by notifying the FAC in writing. If the FA is invalidated, the 
Airman will be required to retest on all non-exempt FA 
components within five duty days from original FA test date. If 
an AF Form 422 is required, an additional five duty days will be 
allowed for the AF Form 422 to be generated and provided. Non-
AGR and Traditional ARC Airmen will be required to retest the 
next date they are in appropriate military duty status and 
official FAs are being conducted. NOTE: Original FA will count 
unless rendered invalid by the Unit Commander.”

A similar request was considered and denied on 14 Feb 14 by the 
Fitness Assessment Appeals Board (FAAB), on the basis that 
although the applicant’s injury was validated, there was no 
indication the commander invalidated the FA.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial and states, in part, the applicant 
did not provide documentation of an invalidation memorandum from 
the unit commander.

A complete copy of the AFPC/DPSIM evaluation, with attachment, 
is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the Air Force evaluation, with attachments, was 
forwarded to the applicant on 4 March 2014 for review and 
comment within 30 days.  As of this date, no response has been 
received by this office (Exhibit D).

________________________________________________________________


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.  After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we are not persuaded that he has met 
his burden of proving the contested FA is in error or unjust.  
The memorandum from the physician assistant is duly noted; 
however, it does not indicate what the condition was or how it 
impaired his ability to successfully complete the contested FA.  
In addition, the AF Form 422 was rendered after the contested 
FA.  Most importantly, the applicant has not provided a letter 
of support from the commander recommending the contested FA be 
removed from the AFFMS or an invalidation memorandum.  Although 
the applicant contends the FA results were entered into the 
AFFMS before the Fitness Assessment Cell (FAC) could be notified 
of the intent to seek medical consultation, he provides no 
explanation as to why he failed to follow the governing 
instructions and immediately notify the FAC prior to departing 
the FA location.  Should the applicant provide such evidence, we 
would be willing to reconsider this request.  However, in view 
of the above and in the absence of evidence to the contrary, we 
find no compelling 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.

 
________________________________________________________________

Due to the unavailability of XXXXXXXXXXXX, XXXXXXXXXXXXX has 
signed as Acting Panel Chair.  The following members of the 
Board considered AFBCMR Docket Number BC-2013-05052 in Executive 
Session on 21 May 14, under the provisions of AFI 36-2603:

		, Chair
		, Member
		, Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 Jul 13, w/atchs.
	Exhibit B.	Memorandum, AFPC/DPSIM, dated 7 Jan 14, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 4 Mar 14.



				Acting Panel Chair