RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05057
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA) dated 22 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had back spasms shortly after finishing the cardio component (1-mile walk) of the FA. Additionally, his heart rate, which directly affects his score, was taken during the spasms and not immediately following his completion of the walk test. Therefore, the recorded heart rate reflects higher due to the spasms and is inaccurate. This error and his medical condition precluded him from successfully passing the contested FA.
In support of his appeal the applicant submits; medical documentation from his visit to the emergency room validating his condition and dated the same day as the contested FA; a memorandum from his supervisor who witnessed the assessment and requests removal of the FA; and a letter signed by his medical provider (Certified Physician Assistant), dated 28 Aug 13 and indicating that his heart rate was very likely abnormal due to the acute distress the back spasms caused.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On the date of the contested FAs the applicant was serving as a Staff Sergeant (E-5) in the Regular Air Force.
On 22 Aug 13, the applicant participated in a FA, attaining an overall composite score of 71.88, which constituted an unsatisfactory assessment. The applicant was credited with the following component scores: Cardio (1-Mile Walk) 40/44.90, Abdominal Circumference 39.00/12.60 points, Push-ups Exempt, Sit-ups Exempt.
A list of the applicants last five FAs is as follows:
Date
Composite Score
Cardio
Rating
18 Nov 13
75.50
Exempt
Satisfactory
*22 Aug 13
71.88
40/44.90
Unsatisfactory
12 Feb 13
79.50
42/49.20
Satisfactory
16 Nov 12
52.88
39/42.30
Unsatisfactory
1 May 12
75.88
41/47.20
Satisfactory
*Contested FA
On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating There was no letter from the commander to support removal of 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.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request due to lack of supporting evidence. DPSIM states, the applicant failed to provide a Unit Commanders invalidation memorandum within the 5 duty days allotted 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 16 May 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 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, an 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, 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-2013-05057 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:
XXXXXXXXX, Chair
XXXXXXXXX, Member
XXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05057 was considered:
Exhibit A. DD Form 149, dated 1 Sep 12, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 3 Apr 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 May 14.
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