RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00610
			COUNSEL:  NONE
	  		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His 17 Dec 2010, 11 Mar 2011 and 21 Sep 2012 Fitness Assessments (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS). 

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APPLICANT CONTENDS THAT:

He had a prolonged medical condition that was not diagnosed at the time of his FA failures.  During the FAs, he had symptoms of unconsciousness, shortness of breath, severe headaches and dizziness which caused him to fail the cardio component.  He received a medical referral to a cardiovascular specialist and after two years of continuous attempts to rectify the medical condition, he was diagnosed with Left Ventricular Hypertrophy (LVH).

On 27 Sep 2010, he failed the cardio component of the FA and was diagnosed by the medical treatment facility with dehydration.  However, he knew there were other issues that prevented him from performing at his highest level.

He experienced the same symptoms, severe headache, shortness of breath and dizziness, during the 17 Dec 2010 FA and did not complete the cardio component.  

On 18 Mar 2011, he was diagnosed with Obstructive Sleep Apnea (OSA) and was fitted for a sleep apnea machine. 

On 21 Sep 2012, he failed the cardio component of the FA and was still having symptoms of headaches, light headedness and dizziness.  He was not on a profile but was scheduled for an appointment on 1 Oct 2012 with his Primary Care Manager (PCM).  

On 4 Dec 2012, his test results showed that his maximum blood pressure was a dangerous 201/93.  Because his blood pressure was uncontrolled for so long and he had not received a cardiac referral, he has permanent damage to the left ventricle wall of his heart muscle.  As a result, he experiences severe headaches, shortness of breath and dizziness whenever his heart rate gets too high.  


In the past two and a half years, he knew something was not right.  His performance on the FAs was hindered not because he did not try, care or was not being proactive but because he had a medical condition that prevented him from passing the FAs.

Now that his conditions have been properly diagnosed, he requests the FA failures be expunged from his records.

In support of his request, the applicant provides a personal statement, copies of letters from his medical care providers and SF Forms 600, Chronological Record of Medical Care.  

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

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STATEMENT OF FACTS:

The applicant is serving on active duty in the grade of technical sergeant (E-6).

The applicant’s most recent FA results are as follows:

Date 
Composite Score
Rating
25 Jun 2013
83.60
Satisfactory 
20 Dec 2012
78.50
Satisfactory 
(Exempt: cardio)
21 Sep 2012 
56.10
Unsatisfactory
 9 Mar 2012 
86.00
Satisfactory 
(Exempt: cardio)
14 Dec 2011
76.50
Unsatisfactory (Exempt: cardio) 
 9 Jun 2011
79.20
Satisfactory
11 Mar 2011
69.70
Unsatisfactory
17 Dec 2010
32.60
Unsatisfactory (Incomplete: cardio)
 1 Mar 2010
75.50
Good

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is included at Exhibit B.  

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  The applicant’s cardiologist substantiated the cause of the fainting during the FAs.  However, the applicant has not provided documentation from the unit commander to invalidate the FAs.  After a thorough review of the documentation provided by the applicant, 

there is insufficient evidence to support the applicant’s case to remove the contested FAs.  

The complete DPSIM evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was administratively demoted to the grade of staff sergeant (E-5) for excessive FA failures.  His group commander reviewed his medical diagnosis of LVH, a medical condition that was out of his control, reviewed the facts and restored his previous rank of Technical Sergeant (TSgt) in accordance with Air Force Instruction 36-2502, Airman Promotion/Demotion Programs.  Given that his rank was restored provides evidence that the FAs should be expunged from his records.

The applicant’s complete response, with attachment, is at Exhibit D.   

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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 an 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.  We note in a memorandum dated 21 Nov 13, the applicant’s group commander restored the applicant’s grade to TSgt based on additional medical evidence that was not provided at the time.  The applicant believes the memorandum supports his request to have the FA’s expunged from the record.  While the evidence provided does support the applicant had a medical condition, unfortunately, the evidence available to us is not sufficient to determine that his commander’s intent was to invalidate the contested FA’s.  Should the applicant provide supporting documentation from his unit, group or wing commander we would be willing to reconsider his request.  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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application
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The following members of the Board considered AFBCMR Docket Number BC-2013-00610 in Executive Session on 29 Jan 2014, under the provisions of AFI 36-2603:

       , Panel Chair
       , Member
	 , Member

By a majority vote, the Board voted to deny the request.    XXXX voted to grant the request and elected not to submit a Minority Report.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 Jan 2013, with atchs.
	Exhibit B.  Letter, AFPC/DPSIM, dated 19 Sep 2013, w/atch.
	Exhibit C.  Letter, SAF/MRBR, dated 31 Oct 2013.
	Exhibit D.  Letter, Applicant, dated 21 Nov 2013, w/atch.  




					 
								Panel Chair