RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00090
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA) dated 27 Jun 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
APPLICANT CONTENDS THAT:
He had a medical condition that precluded him from obtaining an overall satisfactory rating on the contested FA.
He was taking and prescribed an Albuterol Oral Inhaler; a medication which raises the heart rate. After completing his FA, he realized that he should not have performed the cardio portion of the assessment since he used the inhaler. According to Air Force Instruction (AFI) 36-2905, Fitness Program, it states in part that any medication that affects the heart rate or the hearts response to exercise may invalidate the aerobic components of the FA. After informing his commander of the stipulations annotated in AFI 36-2905, the commander stopped all disciplinary action against along with providing the advice to request removal of his FA.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of technical sergeant (E-6).
On 27 Jun 13, the applicant participated in the contested FA, attaining an overall composite score of 33.70, which constituted an unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 36.00/0.00 points, Abdominal Circumference 36.50/16.40 points, Push-ups 46/9.00 points, and Sit-ups 44/8.30 points.
On 28 Jun 13, the applicants assistant first sergeant requested a medical condition determination be made for the applicants 9 Sep 11, 5 Dec 11, 1 Mar 12, and 27 Jun 13 FA failures.
On 1 Jul 13, a medical provider indicated the applicant had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of his 27 Jun 13 FA.
The applicants last eight FA results are as follows:
Date
Composite Score
Rating
06 Mar 14
86.33
Satisfactory
22 Aug 13
81.00
Satisfactory
*27 Jun 13
33.70
Unsatisfactory
13 Dec 12
87.25
Satisfactory
07 Jun 12
88.00
Satisfactory
01 Mar 12
76.75
Unsatisfactory
05 Dec 11
70.70
Unsatisfactory
09 Sep 11
71.20
Unsatisfactory
*The applicants contested FA.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. The applicant has not provided supporting evidence or documentation from his commander indicating his/her decision to invalidate the applicants FA. In accordance with Air Force Instruction 36-2905, Fitness Program, if the medical evaluation validates the illness/injury and provides supporting medical documentation, the unit commander may invalidate the FA results by notifying the Fitness Assessment Cell (FAC) in writing. If the FA is invalidated, the airmen will be required to retest on all non-exempt FA components within five duty days from original FA test date. If an AF Form 422, Notification of Air Force Qualification Status, is required, an additional five duty days will be allowed for the AF Form 422 to be generated and provided. While the applicant provided medical documentation to confirm that there was a medical issue that precluded him from passing the FA, the documentation does not identify the specific limitations. Under normal circumstances, the primary care manager (PCM) identifies what the member is restricted from participating in via AF Form 469, Duty Limiting Condition. It is further noted, that even with medical documentation indicating that a medical condition exists; there is no documentation the commander wished to invalidate the assessment. An original FA will count unless rendered invalid by the members unit commander. In addition, the medical determination happened subsequent to the contested FA failure. The applicant provided his outpatient/inpatient medication profile which reflected he was prescribed albuterol multiple times; however, the documentation indicates his prescription was expired at the time of the contested FA. Also, his medication profile indicated the albuterol prescription start date as 12 Jun 13 and expiration as 13 Jun 13, expiring 14 days prior to his contested FA. If the applicant was prescribed medication, he should have annotated on his Fitness Screening Questionnaire that he had other medical problems that have not been evaluated, optimally treated, or not already addressed in an AF Form 469, that may prevent him from safely participating in a fitness assessment.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Aug 14 for review and comment within 30 days. As of this date, no response has been received by this office (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 an error or injustice. We took notice of the applicants 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 of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
The following members of the Board considered AFBCMR Docket Number BC-2014-00090 in Executive Session on 4 Dec 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 28 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 15 Sep 14.
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