RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03968
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His 15 Dec 2010, 15 Mar 2011, and 13 Jun 2011, Unsatisfactory
Fitness Assessments (FAs) be removed from the Air Force Fitness
Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
According to his AF Form 108, Physical Fitness Education and
Intervention Processing, a medical evaluation revealed he had a
condition that precluded him from obtaining a passing score.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in
the letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record
of Proceedings.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIM recommends partial approval. DPSIM states that the
applicant provided a signed AF Form 108 documenting he was
evaluated and had a medical condition precluding the achievement of
a passing score for his FA dated 15 Dec 2010. However, his FAs
dated 15 Mar 2011 and 13 Jun 2011 resulted in failures due to
minimal scoring in all components. As a minimum, exempting the
cardio portions of the FAs dated 15 Mar 2011 and 13 Jun 2011 will
keep both FA composite scores below 75 percent. The applicant did
not provide any additional documentation stating that the FAs
should be completely removed from the AFFMS. Therefore, DPSIM
recommends the FA dated 15 Dec 2010, be removed from the AFFMS.
However, they do not recommend that the FAs dated 15 Mar 2011 and
13 Jun 2011 be removed from the AFFMS.
The complete DPSIM evaluation, with attachment, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
He understands that he is responsible for his own fitness
compliance. However, he was not referred for a medical evaluation
until 23 Jun 2011, after the third failure in a row and fourth
failure in 24 months. AFI 36-2905 does not state that a medical
evaluation is mandatory after one failure. However, it does state
a medical evaluation must be completed before a unit commander can
initiate administrative discharge. The AF Form 108 was not a
factor until after the discharge was initiated.
He sought medical attention after completing the 15 Mar 2011 FA
because he believed he broke his toe. An AF Form 422, Physical
Profile Serial Report, was generated which exempted him from the
cardio component. Even though that specific test was an automatic
failure due to the minimum scoring standards, the Fitness
Assessment Cell should have held the score as a precautionary
measure. Notwithstanding the FA failure, this would have allowed
for medical and commander review.
A medical provider stated the profile exempting him from the cardio
component should have been extended due to the injury to his toe.
Additionally, after reviewing his fitness scores the provider
determined further testing was required to rule out other
conditions. On 28 Sep 2011, a sleep study was conducted which
revealed he had a sleep disorder. On 1 Dec 2011, he began the
fitting process for a sleep appliance that was completed on 10 Feb
2010 [sic]. Since his sleep has improved, he has been able to
satisfactorily complete his FA. He is being punished for a medical
condition which has caused a negative irreversible career impact.
In further support of his request the applicant provides a copy of
AFBCMR Docket Number BC-2009-04622. In this case, the Board
corrected the applicants record to remove his FA failures, correct
his profiles and remove his demotion action.
The applicants complete response, with attachments, is at 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 regarding the
applicants requests that the FA dated 15 Mar 2011 and 13 Jun 2011,
be removed from the AFFMS. 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 (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim of
an error or injustice. We note the applicants contentions that he
had medical conditions preventing him from obtaining a passing
score; however, he has not provided substantial evidence which
would persuade us that the contested FAs should be removed from the
AFFMS. With respect to his reference to AFBCMR Docket number BC-
2009-04622, we note that each case before this Board is considered
on its own merits, and precedent does not bind us. While we do
strive for consistency in the manner in which evidence is evaluated
and analyzed, we are not bound to recommend relief in one
circumstance simply because the situation being reviewed appears
similar to another case. Notwithstanding, we have reviewed the
case cited by the applicant and are not persuaded that it supports
his assertion that he has been the victim of an error or injustice.
In the case cited by the applicant, the Chief of the Medical Staff
concluded that the applicant in that case should have received a
composite exemption from all fitness assessments between 30 Jul
2008 and 3 Mar 2009. However, the applicant has not provided
similar evidence to support that his FAs should be exempt or
removed from AFFMS. Therefore, in the absence of substantial
evidence to support the removal of his FAs, we find no basis to
recommend granting the relief sought in this portion of his
request.
4. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting partial relief.
After thoroughly reviewing the evidence of record and noting the
applicants contention, we agree with the recommendation of DPSIM
that since a medical evaluation determined that he had a medical
condition precluding the achievement of a passing score, his FA
dated 15 Dec 10 should be removed from the AFFMS. In view of the
above, we recommend his records be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to reflect that his FA, dated
15 Dec 2010, be declared void and removed from the Air Force
Fitness Management System.
________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 May 2013, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2012-
03968:
Exhibit A. DD Form 149, dated 28 Aug 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 17 Dec 2012, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 11 Jan 2013.
Exhibit D. Letter, Applicant, dated 30 Jan 2013, w/atchs.
Panel Chair
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