RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05443
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessments (FAs) dated 17 Dec 12, 15 Mar 13, and
12 Jun 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a pre-existing medical condition that precluded him from obtaining an overall satisfactory rating on the contested FAs.
In support of his appeal the applicant submits; a Medical Determination letter, signed by his medical provider, which states he had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA(s) dated 17 Dec 12, 15 Mar 13, and 12 Jun 13; and a VA Form 10-5345, Request for and Authorization to Release Medical Records, dated 5 Sep 13, requesting that any medical documents that validate his condition during the contested FAs be released.
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 17 Dec 12, the applicant participated in a FA, attaining an overall composite score of 0.00, which constituted an Unsatisfactory assessment. The applicant was credited with the following component scores: Cardio (1-Mile Walk) 35/0.00, Abdominal Circumference 39.50/00.00 points, Push-ups Exempt, Sit-ups Exempt.
On 15 Mar 13, the applicant participated in a FA, attaining an overall composite score of 69.75, which constituted an Unsatisfactory assessment. The applicant was credited with the following component scores: Cardio (1-Mile Walk) 39/42.30, Abdominal Circumference 38.50/13.50 points, Push-ups Exempt, Sit-ups Exempt.
On 12 Jun 13, the applicant participated in a FA, attaining an overall composite score of 74.13, which constituted an Unsatisfactory assessment. The applicant was credited with the following component scores: Cardio (1-Mile Walk) 40/44.90, Abdominal Circumference 38.00/14.40 points, Push-ups Exempt, Sit-ups Exempt.
A Medical Determination Letter (Not Dated), provided by the applicant indicates that he had a documented medical condition that precluded him from achieving a passing score.
On 14 Feb 14, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), stating, There was not enough or specific details of the medical condition provided from the applicant's medical provider. Also, there was no letter from the commander invalidating the Fitness Assessment.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request to change the contested FAs 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 of what the applicant's limitations were for each fitness assessment. The applicant did not provide an AF Form 469, Duty Limiting Condition Report, that lists his 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, with attachment, was forwarded to the applicant on 12 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 FAs 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 FAs 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, 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-2013-05443 in Executive Session on 6 Nov 14, under the provisions of AFI 36-2603:
XXXXXXXXX, Panel Chair
XXXXXXXXX, Member
XXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05443 was considered:
Exhibit A. DD Form 149, dated 5 Sep 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 10 Mar 14 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 12 May 14.
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