RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05279

  XXXXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 18 Oct 13 be removed and declared void from the Air Force Fitness Management System (AFFMS). 

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APPLICANT CONTENDS THAT:

She tested on an incorrect profile and her medical condition precluded her from passing the contested FA.  

She received an AF Form 469, Duty Limiting Condition Report, in early September 13 stating that she was undergoing a Medical Evaluation Board (MEB).  When she attended her PHA appointment; she noticed that she had a fitness exemption until Sep 2014; however, this exemption was not listed on her current AF Form 469. The applicant tried to get an updated profile by e-mailing her medical provider, but did not receive a response prior to her test date and failed the cardio component of the contested FA.  On 25 Oct 13 she received an updated AF Form 469, stating that she was exempt from the cardio component of the FA.  Her commander allowed her to re-test based on her new profile and she passed all components; therefore, the contested FA was in error and should be removed. 

In support of her appeal, the applicant provides AF Forms 469 and a “Completion of PHA” memorandum indicating that she completed her PHA on 2 Oct 13.

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

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STATEMENT OF FACTS:

On the date the application was submitted, the applicant was serving as a Senior Airman (E-4) in the regular Air Force. 

On 10 Sep 2013, the applicant received an AF FM 469, Duty Limiting Condition Report, indicating that she had no FA exemptions.

On 18 Oct 13, the applicant participated in the contested FA, attaining an overall composite score of 35.80, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – 16:45/0.00, Abdominal Circumference – 25”/20.00 points, Push-ups - 40/9.30, Sit-ups – 39/6.50 points.

On 24 Oct 2013 the applicant received an updated AF FM 469, Duty Limiting Condition Report, indicating that she was exempted from the 1.5 mile run component of the FA.  The profile started on 9 Aug 2013 and expired on 23 Sep 2013.  

On 31 Oct 13, the applicant participated in another FA, attaining an overall composite score of 88.50, which constituted a “Satisfactory” assessment.  The applicant was credited with the following component scores:  Cardio – Exempt, Abdominal Circumference – 24”/20.00 points, Push-ups - 32/8.40, Sit-ups – 41/7.00 points.

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 AFGM5 (3 Jan 13), 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 applicant’s request to change the contested FAs in AFFMS due to lack of supporting evidence.  DPSIM states, the AF Form 469 shows the member was exempt from the cardio component and not for the entire FA. The applicant's AF Form 469 shows the cardio limitations expired on 23 Sep 13, which would have allowed the applicant to complete the cardio component of the FA. The applicant did not provide an updated AF Form 469 to show the exemption expired on a later date.  The applicant did not provide documentation from the unit commander indicating his/her decision to invalidate the FA in accordance with AFI 36-2905, (AFGM5), paragraph 13, (20 Dec 10).

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 May 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 applicant has provided AF Forms 469 indicating a medical condition, she has not met her burden of proving the contested FA should be removed from her records.  In this respect, we note the updated AF FM 469 did exempt her from the 1.5 mile cardio component; however, it expired on 23 Sep 13, prior to the contested 18 Oct 13 FA.  Moreover, the applicant’s submission does not contain sufficient documentation to include; a “Medical Determination Letter” from her medical provider along with support from her commander requesting the FA be invalidated; and 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.



The following members of the Board considered AFBCMR Docket Number BC-2013-05279 in Executive Session on 6 Nov 14, under the provisions of AFI 36-2603:

	XXXXXXXXXXX, Panel Chair
	XXXXXXXXXXX, Member
	XXXXXXXXXXX, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Nov 13, w/atchs.
	   Exhibit B.  Memorandum, AFPC/DPSIM, dated 10 Mar 14 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 14 May 14.