RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03791 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 13 Nov 12 Fitness Assessment (FA) failure be removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: He had a medical condition that precluded him from successfully completing the contested FA. His medical provider confirmed his history of anxiety which occurred during a prior deployment. His anxiety attack led to complications breathing during the 1.5 mile run. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force during the matter under review. On 13 Nov 12, the applicant participated in the contested FA, completing all components, but attained an overall composite score of 30.20, constituting an unsatisfactory fitness level. On 14 Nov 12, a medical provider wrote a memorandum on the applicant’s behalf supporting his claim that he had a history of anxiety which precluded him from successfully passing the contested FA. On 17 Dec 13, the Fitness Assessment Appeals Board (FAAB) denied relief to the applicant indicating that there was insufficient evidence (specifically no commander invalidation) to support his claim. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice. While the applicant contends that he has a medical condition which prevented successful completion of the contested FA, he submitted no documentation of commander invalidation for the contested FA. Relief will be denied without commander invalidation as per AFI 36-2905, Fitness Program (AFGM4), dated 26 June 12, paragraph 10. A complete copy of the AFPC/DPSIM evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 injustice warranting some corrective action. The applicant contends he had a medical condition that precluded him from attaining a passing score on his 13 Nov 12 fitness assessment (FA). After a thorough review of the evidence of record and the applicant’s complete submission, we believe that a preponderance of the evidence indicates that corrective action is warranted. In this respect, we note the applicant has provided a memorandum from his medical provider indicating that he had a history of anxiety and there was a causal relationship between the applicant’s anxiety attack during the contested FA and his inability to attain the minimum score required on the cardio component of said FA. While we note the comments of the Air Force office of primary responsibility (OPR) indicating the applicant has not provided any evidence the commander did or would have invalidated the FA, we do not find the evidence presented sufficient to conclude the test should be invalidated, only that the applicant should have possibly been exempt from the cardio component. While we note this is not the relief the applicant seeks, in our view, it constitutes full and fitting relief as the evidence presented is sufficient for us to conclude there was a causal relationship between the medical condition and the applicant’s performance during the cardio component of the FA. Therefore, we recommend 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 component of the FA dated 13 Nov 12. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number 2013-03791 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Aug 13, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 27 Nov 13, w/atch. Exhibit C. Letter, SAF/MRBR, dated 21 Jan 14. ? AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS CASE TRANSMITTAL / COORDINATION RECORD IN THE MATTER OF: DOCKET NO: 2013-03791 DUE DATE: 28 Jan 15 MCD: 12 Feb 15 ROUTE IN TURN INITIALS DATE 1. CHIEF EXAMINER ________ ________ (Coordination) 2. ________ ________ PANEL CHAIR (Signature on Proceedings) 3. SAF/MRB – Legal Advisor ________ ________ (Coordination) 4. EXECUTIVE DIRECTOR ________ ________ (Coordination) 5. SAF/MRB ________ ________ (Approval/Signature) 6. AFBCMR (Processing) CASE EXAMINER AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS DEPARTMENT OF THE AIR FORCE WASHINGTON DC Office of the Assistant Secretary AFBCMR BC-2013-03791 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that: The pertinent military records of the Department of the Air Force relating to , be corrected to show that he was exempt from the cardio component of the Fitness Assessment dated 13 November 12. Director Air Force Review Boards Agency This document contains information which must be protected IAW AFI 33-332 and DoD Regulation 5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO). DEPARTMENT OF THE AIR FORCE WASHINGTON DC Office of the Assistant Secretary AFBCMR 1500 West Perimeter Road Joint Base Andrews NAF Washington, MD 20762-7002 Dear Sergeant: Your application to the Air Force Board for Correction of Military Records, AFBCMR Docket Number 2013-03791, has been finalized. The Board determined that the military records should be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff United States Air Force. The office responsible for making the correction will inform you when your records have been changed. After correction, the records will be reviewed to determine if you are entitled to any monetary benefits as a result of the correction of records. This determination is made by the Defense Finance and Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the assembly and careful checking of finance records. It may also be necessary for the DFAS-IN to communicate directly with you to obtain additional information to ensure the proper settlement of your claim. Because of the number and complexity of claims workload, you should expect some delay. We assure you, however, that every effort will be made to conclude this matter at the earliest practical date. Sincerely, Chief Examiner Air Force Board for Correction of Military Records Attachment: 1. Record of Proceedings 2. Copy of Directive cc: DFAS-IN 3 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 4