RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03849 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 26 Jul 13 Fitness Assessment (FA) score be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: He had medical condition that precluded successful completion of the contested FA. He was diagnosed the day of the contested FA with a mild heart defect, heart murmur, and suspected abnormal blood flow with his heart. 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 26 Jul 13, the applicant participated in the contested FA and failed to attain the minimum score in the cardio component. As a result, he was credited with zero points for the cardio component and attained an overall composite score of 33.30, resulting in an unsatisfactory rating. On 29 Jul 13, an AF Form 469, Duty Limiting Condition Report, was issued by the applicant’s medical provider, which resulted in him being exempt from running and walking. This AF Form 469 continued to be extended with exercises noted that the applicant could and could not perform. On 30 Jul 13, a medical provider referred the applicant to be evaluated at the cardiology clinic, indicating there were abnormal Echocardiographic (EKG) findings, heart murmur, and shortness of breath (SOB) on exertion. On 8 Aug 13, a medical provider from the cardiology clinic indicated on an Standard Form (SF) 600 that the applicant had abnormal EKG findings, which explained the sudden decline in exercise tolerance and notable SOB on exertion. It was recommended that the applicant perform cardiovascular exercise at his own pace and that he not participate in any organized physical training. Limited exercise was instructed until further work up could be completed. On 12 Aug 13, the applicant provided a response to the Letter of Counseling (LOC) he was issued as a result of not passing the contested FA. The applicant acknowledged to his commander that he went to be evaluated on 26 Jul 13 (same date as the contested FA) and was diagnosed with a heart murmur. AFI 36-2905 AFGM 5, Attachment 4, prescribes a Fitness Screening Questionnaire, which is to be filled out prior to a member participating in a FA. If a member indicates that they are experiencing medical problems (i.e., chest pain, shortness of breath, dizziness, fainting, or blackouts associated with exertion) they should notify the Unit Fitness Program Manager and seek a medical evaluation. AFI 36-2905, AFGM 5, Para 10 provides that a commander can invalidate a FA score, but only within five duty days of the FA, when an Airman has notified the Fitness Assessment Cell (FAC) of the presence of the illness/injury before they depart the testing location (whether they complete the FA or not); FAC personnel will hold the scores for a period of five duty days. If the medical evaluation validates the illness/injury and supporting medical documentation is provided, the unit commander may invalidate the FA results by notifying the FAC in writing; again, within five duty days of the FA in question. On 11 Oct 13, the applicant participated in an FA where he was exempt from the cardio portion of the assessment in accordance with the limitations prescribed in the aforementioned AF Form 469. The applicant attained an overall composite score of 91.25, resulting in an excellent rating. On 17 Dec 13, the Fitness Assessment Appeals Board (FAAB) denied relief to the applicant indicating that there was insufficient evidence (specifically an AF Form 422 and medical documents) to support the injury affected the contested FA. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice. While the applicant contends that he had a medical condition that precluded successful completion of the cardio portion of the contested FA, there is insufficient evidence to support the applicant’s claim, specifically documentation from the commander indicating a decision to invalidate the FA results as per AFI 36-2905 AFGM 5, Para 10. A complete copy of the AFPC/DPSIM evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provides a statement from his First Sergeant indicating that the applicant’s medical condition was not fully diagnosed until the middle of August and the applicant was then restricted from the cardio portion of the FA. With that, there was no opportunity for his commander to invalidate the contested FA score within five days before it was recorded in AFFMS. However, the commander did withdraw the LOC and the applicant has had subsequent AF Form 469’s issued indicating consistent restrictions of the cardio component and other restrictions as needed while he continues ongoing medical evaluation. In support of his response, the applicant provides copies of his First Sergeant’s supporting statement, documentation related to his commander’s decision to withdraw the LOC in the face of the applicant’s medical evidence, and three AF Forms 469, Duty Limiting Report (Exhibit D). ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice. The applicant contends he saw the doctor 26 Jul 13 after the FA failure and was diagnosed with a heart murmur; however, the documentation presented reflects on 8 Aug 13 the doctor stated “recommend patient only perform cardiovascular exercise at own pace” and “released w/o limitations.” The applicant also asserts that he had an appointment on 15 Aug 13 to validate the diagnosis; however, no documentation was provided as to the outcome of that appointment. The applicant presents documentation of difficulty with the contested FA due an illness/injury but did not obtain an invalidation letter from his commander. The applicant’s request should be denied as there is no evidence that his commander invalidated the contested FA in accordance with AFI 36-2905 AFGM 5, Para 10, which indicates that an airman who becomes injured or ill during the FA will have the option of being evaluated at the Medical Treatment Facility (MTF), whether they complete the FA or not. 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. A complete copy of the AFPC/DPSIM evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 27 Jun 14 for review and comment within 30 days (Exhibit F). On 1 Jul 14, the applicant indicated via email correspondence he had no intention of providing a reply to the Air Force Evaluation (Exhibit G). ________________________________________________________________ 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. The applicant contends that he was unfairly precluded from attaining a passing score on the contested fitness assessment (FA) due to an undiagnosed heart condition. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we are convinced that corrective action is warranted. We note the comments of AFPC/DPSIM indicating the applicant should have made the fitness assessment cell (FAC) staff aware that he had a medical condition that precluded him from passing the FA on the day in question so his commander could have invalidated the FA; however, we are not convinced the applicant could have done so as AFPC/DPSIM indicates. In this respect, we note the evidence before us makes it clear the condition was not diagnosed until the applicant’s FA failure caused him to seek medical attention where it took the medical community almost three weeks to render a diagnosis. In view of these facts, we find the rationale articulated by AFPC/DPSIM that the applicant could have notified the FAC that he suffered from a medical condition questionable. We are also not convinced the applicant’s commander could have invalidated the FA results as suggested by AFPC/DPSIM in its additional advisory. In this respect, we note that the governing instruction in effect at the time provides that a commander may invalidate an FA result if a member becomes injured or ill during the assessment; however, there has not been any evidence presented to indicate that the applicant became ill or sustained an injury during the assessment. Rather, it appears evident that he simply was unable to attain a passing result because of his undiagnosed medical condition. Accordingly, we are not convinced the commander could have invalidated the FA under the circumstances at play in this case. In our view, the applicant has provided ample evidence that he had a chronic condition that was undiagnosed on the day in question and preluded him from attaining a passing score. In this respect, we note the applicant was issued profile restrictions shortly after the contested FA and while his commander issued him a letter of counseling (LOC) for the FA failure, the commander subsequently withdrew the LOC because he was convinced that there was a strong causal nexus between the applicant’s heart condition and his inability to attain a passing FA score. Therefore, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force related to the applicant be corrected to show that his 26 Jul 13 Fitness Assessment score be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03849 in Executive Session on 24 Sep 13, under the provisions of AFI 36-2603: Ms., Panel Chair Ms., Member Mr., Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Aug 13, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 27 Nov 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 17 Jan 14. Exhibit D. Letter, Applicant, 11 Feb 14, w/atchs. Exhibit E. Letter, AFPC/DPSIM, dated 25 Mar 14. Exhibit F. Letter, SAF/MRBR, dated 27 Jun 14. Exhibit G. E-mail, Applicant, dated 1 Jul 14. 1