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AF | BCMR | CY2013 | BC 2013 05203
Original file (BC 2013 05203.txt) Auto-classification: Denied
		RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05203
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________


APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 8 Jul 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.

The medical condition has been validated through a medical 
evaluation.  During the test, he told the counter that his knee 
brace was causing pain radiating up his leg and he needed to 
stop.  He was told to fight through the pain.  Due to the pain, 
he was unable to complete the test and reported to his Primary 
Care Manager (PCM), who added sit-ups to his profile.  In 
support of his contentions, he submits a medical form from his 
PCM which recommends voiding the FA, his Magnetic Resonance 
Imaging (MRI) results showing he had a meniscal tear, and the 
new profile form which included sit-ups.

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

______________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of airman first class (E-3).

On 8 Jul 13, the applicant participated in the contested FA and 
attained an unsatisfactory score due receiving a 0.00 score on 
the sit-up component of the FA. He received passing scores on 
the next three Fas, but the sit-up component was exempted.  
Medical records validate the presence of a horizontal tear in 
the medial meniscus of the right knee (MRI 28 Sep 13)and  a Duty 
Limiting Conditions profile dated 20 Sep 13 exempts applicant 
from run/walk/and sit-ups. Information extracted from the AFFMS 
indicates the applicant failed to complete the cardio component 
of the contested FA.

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

Date 
Composite Score
Rating
24 Feb 14
100.00
Excellent 
19 Aug 13
86.00
Satisfactory
*8 Jul 13
65.75
Unsatisfactory
6 Nov 12
Exempt
Exempt
2 Aug 12
74.70
Unsatisfactory

* Contested FA

In accordance with guidance at the time of the 8 Jul 13 
contested FA, AFI 36-2905 AFGM5 (2 Jan 13), [AFGM4 26 June 12) 
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.”

______________________________________________________________

AIR FORCE EVALUATION:


AFPC/DPSIM recommends denial of the applicant’s based upon lack 
of commander’s letter invalidating the FA.

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 was forwarded to the 
applicant on 28 Feb 14 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.  
In this respect, we note that although the applicant has 
provided a medical form from his Primary Care Manager 
recommending the contested FA be declared void and his MRI 
results showing he had a meniscal tear, he has not provided a 
letter of support from the commander recommending the contested 
FA be removed from the AFFMS or an invalidation memorandum.  
Moreover, the applicant provides no explanation as to why he 
failed to follow the governing instructions and immediately 
notify the FAC that he was injured 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 XXXXXXXXXXX, XXXXXXXXXXXXXXXXXX has 
signed as Acting Panel Chair.  The following members of the 
Board considered AFBCMR Docket Number BC-2013-05203 in Executive 
Session on 21 May 14, under the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member



The following documentary evidence was considered in AFBCMR 
Docket Number BC-2013-05203:

	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

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