RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01519

      XXXXXXXXXXXXXXX		COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

1. The Fitness Assessment (FA) dated 12 Apr 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

2. His demotion from Staff Sergeant (SSgt, E-5) to Senior Airman (SrA, E-4), which was a result of the contested FA failure, be overturned and his original date of rank to SSgt be restored to 
1 Sep 05.

3. He be provided the E-5 back-pay from the date of his 
15 May 13 demotion date.   


APPLICANT CONTENDS THAT:

He had several pre-existing medical conditions which were not addressed or diagnosed prior to the contested FA, but directly affected him from achieving a passing score.  

After the contested FA, the applicant visited a civilian physician on his own discretion because he didn’t feel that the military treatment facility was properly addressing his concerns.  The civilian physician diagnosed him with “Hypogonadism” and “Obstructive Sleep Apnea,” which both directly affect weight gain.  Furthermore, he had ongoing knee issues and was referred to an off-base orthopedic physician for “Bilateral Knee Tendonitis and “Arthritis.”  As a result, the applicant underwent knee scope surgery on 12 Dec 13.

Additionally, the applicant states that upon signing the fitness screening questionnaire (FSQ) there was no way to know the extent of his health issues.  He was cleared by his military Primary Care Manager (PCM) to test; however, no X-rays, MRIs, or in-depth labs were done prior to the assessment.  Since these tests have now been completed, he has the medical documentation which supports his claim.  While he provided this documentation to his leadership, he was advised that the demotion would be upheld because he did not address his concerns on the FSQ prior to taking the contested FA.  However, in response to his leaderships rationale the applicant states that he previously received an LOR for “dereliction of duty,” when he properly addressed his medical concerns on the questionnaire.  

In support of his appeal, the applicant submits a personal letter to the board; his demotion appeal package, which contains medical documentation from his off-base doctor, including his labs and x-ray results; copies of his medical records; the LOR for Dereliction of Duty; and several character reference letters. 

On 4 Aug 14, the applicant submitted additional documents to be added with his original application.  The documents include a copy of his DD Form 214 and continued medical care records, which further substantiate his request for the Board’s corrective action. 

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


STATEMENT OF FACTS:

The applicant was serving in the Regular Air Force in the grade of senior airman (E-4) at the time the application was submitted. 

On 12 Apr 13, the applicant participated in an FA, attaining an overall composite score of 10.33, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following composite scores:  Cardio (walk test) – 35/0.00 points, Abdominal Circumference – 43.50”/0.00 points, 
Push-ups – 50/9.30 points, Sit-ups – Exempt. 

On 23 Apr 13, the applicant was notified by his commander of his recommendation for an administrative demotion due to three FA failures in the last two years and eleven overall failures since 11 Mar 05.  

On 26 Jun 13, a memorandum from the applicant’s on-base Physician Assistant was addressed to his commander and indicates that he had recently been identified as having two previously undiagnosed medical conditions, which could have an impact on his weight gain.  The memorandum further states that with proper treatment, both of these conditions are controllable and if properly addressed, could potentially reverse his weight gain; although the weight loss will depend largely on his diet and exercise regimens. 

On 1 Jul 13, the applicant submitted his demotion appeal package to his commander.

On 19 Jul 13, a memorandum from the commander indicates that due to the evidence provided by the applicant, he would consider reinstating the applicant’s stripe if he showed improvement in the next 6 months.

On 30 Jul 13, the commander disapproved the applicant’s appeal.

On 6 Aug 13, Special Order: AA-81, states that the applicant was demoted to the grade of SrA with a date of rank of 15 May 13.  

The applicant’s last 5 FA results are as follows:

Date 
Composite Score
Cardio
AC Measurement
Rating
*12 Apr 13
10.33
35/0.00
43.50/0.00
Unsatisfactory
26 Oct 12
45.00
Exempt
46.00/0.00
Unsatisfactory
2 Jul 12
41.25
Exempt
47.00/0.00
Unsatisfactory
9 Dec 11
82.50
Exempt
38.50/13.50
Satisfactory
27 Jan 11
26.50
Exempt
42.00/5.30
Satisfactory

* Contested FA

On 31 Jul 14, according to DD FM 214, Certificate of Release of Discharge from Active Duty, the applicant retired in the grade of SrA.  The narrative reason for his retirement was “Temporary Early Retirement Authority.”

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C and D.    


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial due to lack of supporting evidence (i.e. medical validation, commander's invalidation memorandum, etc.).

DPSIM states, in accordance with AFI 36-2905, Para 4.2.2. “Providers will list physical limitations on the AF Form 469.  When physical limitations preclude the member from participating in fitness activities for greater than 30 days and/or accomplishing the FA, the member will follow local policy to obtain an exercise prescription and determination of FA exemption from the EP/FPM.  Unless member is given a composite exemption, member will continue to prepare for and be assessed on non-exempt components of the FA."  IAW AFI 36-2905, Paragraph 4.2.2.2. "The provider will specify the length of time required for physical limitations."  While the applicant submitted a memorandum from the medical provider, the memorandum did not state that the medical conditions contributed to the failed fitness assessment.

Furthermore, in accordance with AFI 36-2905, Paragraph 10b.  "If the medical evaluation validates the illness/injury and provides supporting medical documentation, the Unit Commander may invalidate the FA results by notifying the FAC in writing.  If the FA is invalidated, the Airman will be required to retest on all nonexempt FA components within five duty days from original FA test date.  If an AF Form 422 is required, an additional five duty days will be allowed for the AF Form 422 to be generated and provided."  In this regard, the applicant did not provide a medical validation or commander invalidation memorandum for the failed fitness assessment.

If the board should disagree with DIPSM’s recommendation and decides to recommend granting the relief sought, the records should be corrected to show removal of the 12 Apr 13 Fitness Assessment (FA).

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

AFPC/DPSOE recommends denial of applicant's request for restoration of rank.  The administrative actions/punishments in Attachment 14 of AFI 36-2905 are guidelines/suggestions, but in no way limit commanders to specific punishments at specific times. The commander acted within his authority to demote applicant for the remaining FA failures.  He also acted within his authority to deny the applicant's appeal after reviewing new evidence.

A complete copy of the AFPC/DPSOE evaluation, with attachments, is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 04 Aug 14 and 13 Apr 15 for review and comment within 30 days (Exhibit E and F).  As of this date, no response has been received by this office.

Note:  AFPC/DPSIM’s initial advisory indicated that the application be denied because the applicant did not exhaust all remedies.  However, the applicant has since retired resulting in an updated advisory on 7 Apr 15.  This is the reason for the additional date that the letter from SAF/MRBR, which included the updated evaluation, was sent to the applicant.  







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.  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 that the applicant has not been the victim of an error or injustice.  While the applicant has provided medical documents and a letter from his medical provider indicating he had a medical condition, he has not met his burden of proving the contested FA should be removed from his records. In this respect, we note the applicant’s submission does not contain sufficient documentation to include; support from his commander requesting the FA be invalidated; AF Form 422 exempting him from the contested FA; or the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment. Given the above and due to the fact that the commander acted within his authority to demote the applicant for his FA failures, we further find insufficient evidence to grant relief for his resulting demotion.  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-2014-01519 in Executive Session on Tuesday, 
16 Jun 2015 under the provisions of AFI 36-2603:

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The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01519 was considered:

	Exhibit A.  DD Form 149, dated 08 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 07 Apr 15.
	Exhibit D.  Memorandum, AFPC/DPSOE, dated 04 Jun 14.
	Exhibit E.  Letter, SAF/MRBR, dated 04 Aug 14.
Exhibit F.  Letter, SAF/MRBR, dated 13 Apr 15.