RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                  DOCKET NUMBER:  BC-2013-00667

	                                 COUNSEL:  NONE

			                             HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His 4 Dec 12 Fitness Assessment (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS).

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APPLICANT CONTENDS THAT:

The contested FA score should be removed; he had a medical condition that precluded him from completing the cardio portion of the test and caused his failure.  He terminated the contested FA due to chest pain and shortness of breath.  He immediately went to the Medical Treatment Facility (MTF) to be evaluated by his Primary Care Manager (PCM).  He was told to come back the following day since he was able to get an appointment.  During his visit, he was scheduled for an asthma test and an echocardiogram.  The asthma test was scheduled for 6 Dec 12 and the results indicated that he passed.  The echocardiogram was scheduled for 17 Dec 12 and due to this date, his leadership asked the Fitness Assessment Cell (FAC) for an extension on inputting his FA results into the AFFMS, pending the results of his echocardiogram.  The FAC agreed to grant the extension but on 19 Dec 12, the results of the contested FA were entered into the AFFMS without his commander’s authorization or notifying his commander.  At this time, the results of his echocardiogram had not been received.  

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of technical sergeant (E-6).

In accordance with AFI 36-2905, Fitness Program, to determine overall fitness the Air Force uses an overall composite fitness score and minimum scores per three component areas:  Aerobic Fitness (1.5 mile run), Body Composition (abdominal circumference measurement), and Muscular Fitness (number of push-ups and sit-ups completed within one minute each).  Military members receive a composite score on a 0 to 100 scale based on the following maximum component scores: 60 points for aerobic, 20 points for body composition, 10 points for push-ups and 10 points for sit-ups.  To determine individual composite fitness scores the Air Force uses age and gender specific fitness score charts.  An unsatisfactory is a composite score less than 75 and/or one or more component minimums are not met.

On 4 Dec 12, the applicant participated in the contested FA, attaining a composite score of 34.90.  He did not complete the cardio component due to chest pain and shortness of breath.

On 27 Dec 12, the applicant’s PCM sent an email to the applicant’s commander verifying the applicant did have a medical condition that negatively impacted his FA and that they were still obtaining additional studies/consults for his condition.

In accordance with AFI 36-2905, AFGM 2, paragraph 13, “if the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results.  The Airman will then be required to retest within five duty days or when capable based on the recommendations of the medical provider/MLO and the Exercise Physiologist.  If an AF Form 422 is required, an additional seven days will be allowed for the AF Form 422 to be generated and provided.”

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial, indicating the evidence provided by the applicant does not conclusively support his contention.  The applicant provided an email from his doctor indicating he had a valid medical condition that negatively impacted his FA; however, he has not provided any documentation from his commander invalidating the 4 Dec 12 failure.   

According to AFI 36-2905, AFGM 4, 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.”

A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a memorandum from his doctor, dated 19 Dec 13, indicating that he has been under her care since Sep 12 and he was evaluated in her clinic the day after his contested FA.  He underwent an extensive medical work up over the next few months and she supports his request to have the FA waived.  He also provided a letter from his commander, dated 27 Dec 13, stating upon reviewing the applicant’s records and the memorandum from the doctor, he supports the applicant’s request to have the contested FA invalidated (Exhibit E).

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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.  The Board took notice of the applicant’s complete submission in judging the merits of the case; however, a majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  While the majority notes the applicant has obtained a supporting statement from his commander in response to the Air Force advisory opinion, we do not find this statement sufficient to conclude that his fitness assessment (FA) results should have been invalidated due to his purported medical condition.  In this respect, we note that the commander providing the supporting statement was not the applicant’s commander during the matter under review.  As such, we are not inclined to substitute our judgement for that of the commander and recommend invalidating the contested FA.  Therefore, the majority of the Board finds no basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of an error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2013-00667 in Executive Session on 23 Jan 14, under the provisions of AFI 36-2603:

	                         , Panel Chair
	                         , Member
	                         , Member

By a majority vote, the Board voted to deny the application.  Mr. Parker voted to correct the records but does not desire to submit a Minority Report.  The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 4 Feb 13, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSIM, dated 18 Sep 13, w/atchs.
	 Exhibit D.  Letter, SAF/MRBR, dated 18 Oct 13.
	 Exhibit E.  Letter, Applicant’s Commander, dated 27 Dec 13,
               w/atch.




                                   
                                   Acting Panel Chair







MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                                        CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:	AFBCMR Application of                               

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of an error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.




                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency
























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