RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04398 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he was exempt from the cardio components of his 28 Dec 10, 25 Mar 11, 23 Jun 11, and 30 Apr 12 Fitness Assessments (FA). ________________________________________________________________ APPLICANT CONTENDS THAT: He had a preexisting medical condition that prevented him from achieving passing scores on the FAs in question. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the rank of senior airman (E-4). On 6 Jun 12, the applicant’s commander requested a medical determination to determine whether the applicant had a medical condition which precluded him from achieving a passing score on the contested FAs. On 7 Jun 12, the medical provider confirmed the applicant should have been exempt from the cardio components of the contested FAs due to a newly diagnosed preexisting condition. The contested FA results are listed below: Date Composite Score Rating 30 Apr 12 65.30 Unsatisfactory 23 Jun 11 75.90 Unsatisfactory 25 Mar 11 46.60 Unsatisfactory 28 Dec 10 31.20 Unsatisfactory On 3 Oct 12, AFPC/DPSIM requested the applicant provide additional documentation to substantiate his claim, specifically AF Form 422, Notification of Air Force Member’s Qualification Status; AF Form 469, Duty Limiting Condition Report (DLC); and AF Form 108, Physical Fitness Education and Intervention Processing. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. Service members can be exempt if they are unable or unavailable to train or test for reasons beyond their control. The commander can exempt the service member from the aerobic or muscle fitness components of physical training (PT) or assessment based on medical recommendations for a limited period. The medical provider confirmed the applicant should have been exempt from the cardio components of the contested FAs based on pre-existing medical condition. However, there was no evidence provided showing the commander supported exempting the applicant from the cardio components of the contested FAs. Furthermore, service members who have a component exemption must provide an AF Form 422 to medical treatment facility. The applicant was requested to provide an AF Form 422 but did not respond. A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Jan 13, for review and comment within 30 days. 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. After a thorough review of the evidence provided by the applicant, to include the statement from the Medical Care Provider, we believe a preponderance of the evidence indicates that corrective action is warranted. In this respect, we note the applicant’s primary care provider, in response to a request from the applicant’s commander, determined that the applicant’s recently discovered pre-existing medical condition precluded him from attaining a passing score during the contested fitness assessments. We note the comments of the Air Force office of primary responsibility (OPR) indicating there is no evidence provided showing the commander supported exempting the applicant from the cardio components of the contested FAs; however, the commander can only nullify a fitness test result under very specific circumstances and in view of the fact that medical authorities did not make their determination regarding the impact of the applicant’s medical condition until well after the contested fitness assessments, the commander no longer had authority to invalidate the results. Therefore, to preclude the possibility of an injustice to the applicant, we recommend that his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that he was exempt from the cardio components of the Fitness Assessments (FA), dated 28 Dec 10, 25 Mar 11, 23 Jun 11, and 30 Apr 12. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04398 in Executive Session on 4 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 18 Jan 13, w/atch. Exhibit D. Letter, SAF/MRBR, dated 25 Jan 13.