RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05833

	XXXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

1. The Fitness Assessment (FA) dated 25 Jan 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

2. The Referral Officer Performance Report (OPR) during period 29 Jan 12 - 28 Jan 13 be corrected to reflect a “non-referral status.”

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APPLICANT CONTENDS THAT:

He had a medical condition and was tested on an incorrect profile, which precluded him from obtaining an overall “satisfactory” rating on the contested FA.  This in turn generated a referral OPR for “failing to meet fitness standards.”

According to a personal letter provided by the applicant, he was diagnosed with Exercise-Induced Bronchoconstriction and was prescribed albuterol for relief prior to exercising; however, this medication was not taken into account and he tested on an incorrect profile.  At the time of the contested FA, he was unaware that albuterol effected his heart rate and according to AFI 36-2905, Table A13.1. Medications Affecting AF FA Participation, albuterol is listed as a medication that warrants exemption from the 1-mile walk.  After the FA the applicant visited his medical provider and was given a corrected profile.  Additionally, he requested and was granted permission to take another FA under his new profile and prior to the normal 42-day reconditioning period.  With the new profile he retook the FA and “excelled on all of the correct components.”  

Along with his personal letter and in support of his appeal the applicant provides; medical documents to include AF Forms 422 and AF Forms 469 validating his medical condition; a copy of his referral OPR with rebuttal; an unsigned copy of his “Request for Early Fitness Assessment Retest” memorandum; and excerpts from AFI 36-2905 supporting his contentions. 
The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

At the time of the contested FA, the applicant was serving in the Regular Air Force in the grade of First Lieutenant (O-2).

According to an SF 600, Chronological Record of Medical Care, dated, 21 May 12, the applicant saw his medical provider and was prescribed albuterol.

On 15 Jan 13 an AF Form 422, Notification of Air Force Member Qualification Status, cleared the applicant to participate in the abdominal circumference measurement, the 1-mile walk cardio component, the push-up component, and sit-up component of the FA.  The profile started on 11 Jan 13 and expired on 2 Mar 13.

On 25 Jan 13, the applicant participated in the contested FA, attaining an overall composite score of 36.50, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following component scores:  Cardio (1-Mile Walk) – Minimum Score Not Met/0.00 points, Abdominal Circumference – 36”/17.00 points, Push-ups – 54/9.5 points, Sit-ups – 54/10.00 points.

An AF FM 707, Officer Performance Report (Lt thru Col), rendered for the period from 29 Jan 12 through 28 Jan 13 was issued as a referral report for failing to “meet minimum requirements per AFI 36-2905.”  

On 7 Feb 13 an addendum to the AF Form 422, Notification of Air Force Member Qualification Status, dated 15 Jan 13 cleared the applicant to participate in the abdominal circumference measurement, the push-up component, the sit-up component and exempted him from the cardio component of the FA. The addendum to the profile expired on 7 Apr 13.

On 16 May 13, the applicant resigned his Regular Air Force commission and was released from active duty and transferred to the Air Force Reserve after completion of his required active service.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to void/remove the FA dated 25 Jan 13. Specifically, the applicant did not provide the Fitness Screening Questionnaire that would have stated he had another medical condition that would have precluded him from achieving a passing score on the FA. While the AFI does state that a member who is using albuterol medication should be exempt on the walk component, the applicant did not provide justification that would prove he was taking the medication at the time of his fitness assessment. Additionally, the applicant did not provide any additional medical documentation from the medical provider that stated the test should be invalidated with his/her reasoning, i.e., albuterol. IAW AFI 36-2905, Paragraph 2.3.2.2. "A medical provider must evaluate all members with health issues identified on the FSQ prior to the FA. Member must notify the UFPM of the assessment/training clearance status from the provider. The provider or ARC MLO completes the bottom portion of the FSQ or the Medical Clearance Letter (MCL) if the member has no limitations (Attachment 10 or 11) and an AF Form 469, if applicable."

A complete copy of the AFPC/DPSIM evaluation 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 19 Jun 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he has met his burden of establishing the contested FA should be declared void. AFPC/DPSIM recommended denial based on a lack of sufficient evidence, specifically medical documentation from the medical provider that states the test should be invalidated; however we disagree.  While we note that the applicant did not provide a letter from the commander and the original AF FM 422 cleared him for the 1-mile walk component, we recognize the addendum to the AF FM 422 shows that he in fact was exempt.  In this respect, we realize the addendum is dated 7 Feb 13, after the contested FA; however, as an addendum, the initial start date of the AF FM 422, 15 Jan 13, is unchanged and therefore indicates that the applicant should have never participated in the cardio component.  In addition, we note the medical documents provided by the applicant validate his medical condition and his prescription for albuterol.  In this regard and in accordance with AFI 36-2905, Table A13.1., Medications Affecting AF FA Participation, albuterol is listed as a medication that affects the heart rate and exempts a participant from the walk component of the FA. Moreover, the applicant also provided an AF FM 469, signed by his medical provider, which covers the period of the contested FA and recommends “no walking more than 500 yards.” Given the nature of the applicant’s condition, the medical documentation provided, and the addendum to the AF FM 422, we find a preponderance of the evidence supports favorable consideration of this request. Finally, when reviewing the applicant’s referral OPR we recognize that his “Physical Fitness” was the only performance factor in which he failed to meet standards.  This was also a result of the contested FA failure and should be corrected.  Therefore, we recommend the applicant’s records be corrected as indicated below._

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 25 Jan 13 be declared void and removed from AFFMS.

It is further recommended that the resulting referral OPR for reporting period 29 Jan 12 through 28 Jan 13 be corrected to show that; the marking in Section III, Performance Factors, be changed to reflect “Fitness Exemption;” the comment “Member failed to meet minimum requirements per AFI 36-2905” in Section IV, Rater Overall Assessment, be removed; and the rating in Section IX, Performance Factors, Block 7, Physical Fitness, be removed to reflect that he met Air Force Fitness Standards.

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The following members of the Board considered AFBCMR Docket Number BC-2013-05833 in Executive Session on 6 Nov 14, under the provisions of AFI 36-2603:

	XXXXXXXXX, Panel Chair
	XXXXXXXXX, Member
	XXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 Dec 13, w/atchs.
	   Exhibit B.  Memorandum, AFPC/DPSIM, dated 28 May 14.
	   Exhibit C.  Letter, SAF/MRBR, dated 19 Jun 14.