RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02030
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Fitness Assessment (FA), dated 18 Feb 14 [sic], be removed
from her record in the Air Force Fitness Management System
(AFFMS).
APPLICANT CONTENDS THAT:
A medical condition precluded her from achieving a passing score
on the non-exempt portion of her FA test.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
21 Nov 11.
On 3 Feb 14, the applicant was issued an AF Form 469, Duty
Limiting Condition Report, which indicated that she was exempt
from the cardio (run only) and sit-up components of the FA,
beginning on 3 Feb 14 and expiring on 1 May 14.
On 19 Feb 14, the applicant participated in the contested FA
where she attained a score of zero in the push-up component, and
an overall composite score of 57.0, which constitutes an
unsatisfactory rating, as a score of 75.0 is required for a
passing score.
On 27 Mar 14, according to documentation provided by the
applicant, her first sergeant requested a determination from her
healthcare provider as to whether there was a medical condition
that precluded the applicant from passing her FAs on 19 Feb 14,
19 Apr 13, 17 Jan 13, and 9 Oct 12. The applicants medical
provider indicated that she had medical condition that precluded
her from passing the contested FA, but did not indicate the
nature of the condition or how it affected the outcome of the
FA.
In accordance with AFI 36-2905, Fitness Program, when an Airman
receives four Unsatisfactory FA scores within a 24-month period
and a medical records review by a military health care provider
has ruled out medical conditions precluding the Airman from
achieving a passing score, the Unit Commander must make a
discharge or retention recommendation to the separation
authority. A recommendation for discharge or retention will be
made regardless of an Airmans achieving one or multiple passing
FAs in between the four failures.
On 5 May 14, the Secretary of the Air Force convened a Quality
Force Review Board (QFRB) to consider continued service for
Airman with negative reporting identifiers, reenlistment
eligibility codes, assignment availability codes, or grade
status reasons.
On 5 Jun 14, the applicant was notified of her non-selection for
retention and given a mandatory date of separation (DOS) of
29 Sep 14.
On 29 Sep 14, the applicant was honorably discharged and was
issued a separation program designator (SPD) code of JBK
(Expiration of Service Obligation), a reentry (RE) code of 3K
(Secretarial Authority), and a narrative reason for separation
of Completion of Required Active Duty Service, and credited
with two years, ten months, and nine days of active service.
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.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial indicating the applicant has not
exhausted all available avenues of administrative relief prior
to seeking correction of her military record through the BCMR.
In accordance with Air Force Instruction 36-2905, dated 21 Oct
13, any military member can appeal his/her FA via Wing Appeal
and subsequently through the AF Fitness Assessment Appeals Board
(FAAB), within two years of discovering an error/injustice. The
applicants DD Form 149 was signed after 21 Oct 13 and the
appeal has not been considered by her Wing commander, nor has it
been reviewed by the FAAB; therefore, the applicants request
has not been submitted IAW current Air Force guidance.
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 10 Oct 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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
applicant contends a medical condition precluded her from
achieving a passing score on the non-exempt portion of her
fitness assessment (FA) test and should therefore be removed
from her record in the Air Force Fitness Management System
(AFFMS). We note the comments of the Air Force office of
primary responsibility (OPR) indicating the applicant has not
exhausted her administrative remedies by appealing the FA
failure through her wing commander or the Fitness Assessment
Appeals Board (FAAB). However, in view of the fact the
applicant has been discharged since the OPR advisory was
rendered in this case, said avenue of relief is no longer
available to the applicant. Accordingly, she has exhausted her
administrative remedies and her request is ripe for adjudication
at this level. After a thorough review of the evidence of
record and the applicants complete submission, we are not
convinced that corrective action is warranted. In this respect,
we note the applicant may have had a medical condition, however,
the applicant has provided no medical documentation whatsoever
that would allow us to determine if her medical condition
unfairly precluded her from passing the contested FA. While we
note she has provided documentation indicating that a healthcare
provider indicated that her condition could have caused her to
be unable to complete a non-exempt portion of the contested FA,
without documentation describing the condition, we cannot make a
reasonable determination as to whether the applicant is the
victim of an error or injustice. In this respect, we note that
based on this information, the commander could have invalidated
this particular FA, which was one of four FAs the applicant
failed. However, in the absence of any evidence that the
commander did not give due consideration to invalidating the
contested FA and with no documentation that would help us
ascertain the nature of the medical condition, we are not
convinced that corrective action is warranted. Therefore, in
view of the above, we find no basis to recommend granting the
relief sought in this application.
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-2014-02030 in Executive Session on 25 Feb 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02030 was considered:
Exhibit A. DD Form 149, dated 9 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIM, dated 16 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.
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