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AF | BCMR | CY2013 | BC-2013-00390
Original file (BC-2013-00390.txt) Auto-classification: Approved
 RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00390
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA), dated 7 Jan 2013, be removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a back spasm that prevented him from completing the sit—up component of the FA.  He was not aware he could stop the test until after he had already signed the test results.

In support of his request, the applicant provides copies of his AF Form 469, Duty Limiting Condition Report and a memorandum from his medical provider.

His 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 denial.  DPSIM states that in accordance with AFI 36-2905, Air Force Fitness Program, paragraph 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."  The applicant did provide a memorandum from a medical provider, which stated he had a documented medical condition that precluded him from achieving a passing score. However, there is no evidence to indicate his unit commander invalidated the FA.

The complete DPSIM evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 29 Oct 2013, a copy of the Air Force evaluation was forwarded to the applicant 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We note that DPSIM recommends denial stating there is no evidence to indicate his unit commander invalidated the FA.  However, after careful consideration of the applicant’s submission, it appears that he has established reasonable doubt as to the accuracy of his FA dated 7 Jan 2013.  In this respect, we note that the applicant has provided medical documentation which confirms that he had a medical condition that precluded him from achieving a passing score on the contested FA.  In view of this, we find the evidence presented sufficient to support the removal of the contested FA.  Accordingly, we recommend his records be corrected as set forth below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his FA dated 7 Jan 2013, be declared void and removed from the AFFMS.

________________________________________________________________


The following members of the Board considered AFBCMR BC-2013-00390 in Executive Session on 17 Dec 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:

     Exhibit A.  DD Form 149, dated 24 Jan 2013, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 17 Sep 2013, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 29 Oct 2013.




                                    
                                   Panel Chair














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