RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03895 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Fitness Assessment (FA) dated 6 June 13 removed from his records. ________________________________________________________________ APPLICANT CONTENDS THAT: He had a medical condition that was aggravated during the fitness test; this condition precluded him from completing the required amount of sit-ups. He completed as many sit-ups as possible in lieu of the significant pain and burning sensation in his left leg. He realizes the error he made by continuing with the remaining components of the FA, but he has difficulty accepting failure. At the conclusion of the contested FA, he signed for his score sheet, notified the first sergeant, and scheduled an appointment at the Military Treatment Facility (MTF) for evaluation. He accomplished another FA 22 days later and attained a score of 93 percent. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force during the matter under review. On 18 Dec 12, an AF Form 422, Notification of Air Force Member’s Qualification Status, was issued to the applicant, which stated the applicant was permitted six weeks for reconditioning before engaging in unlimited squadron PT and unlimited fitness testing. Additionally, it stated if the applicant was to test prior to the release date, it recommended the applicant be assessed on all components with the exception of sit-ups. On 19 Dec 12, the applicant participated in an FA and successfully completed all components with the exception of the sit-ups for which he was exempt. As a result, he attained an overall composite score of 84.44, resulting in a satisfactory rating. On 6 June 13, the applicant participated in the contested FA and failed to attain the minimum score in the sit-up component. As a result, he was credited with 0.00 points for the sit-up component and attained an overall composite score of 76.80, resulting in an unsatisfactory rating. On 11 June 13, an AF Form 469, Duty Limiting Report, was issued to the applicant, which resulted in him being exempt from sit- ups. This AF Form 422 continued to be extended with exercises noted that the applicant could and could not perform. On 11 June 13, the applicant’s provider endorsed an AF Form 108, Physical Fitness Education and Intervention Processing, indicating that the applicant had been evaluated and has a medical condition precluding the achievement of a passing fitness score. Seven days later, the applicant’s commander endorsed the AF Form 108 and commented in section four that flaring lower back pain precluded accurate assessment of sit-up capability. On 28 June 13, the applicant participated in another FA and successfully completed all components with the exception of the sit-ups for which he was exempt. As a result, he attained an overall composite score of 93.00, resulting in an excellent rating. On 14 Feb 14, the Fitness Assessment Appeals Board (FAAB) disapproved the applicant’s request for relief on the basis that the applicant should not have completed the contested FA once he became injured; in addition, the applicant did not provide a commander’s invalidation memorandum. 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 C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice. While the applicant contends that a medical condition for the contested FA precluded successful completion, there is insufficient evidence to support the applicant’s claim. It is noted that the applicant submitted copies of profile limitations and an AF Form 108 signed by his provider and commander; however, there is no invalidation memorandum from the unit commander for the contested FA. In accordance with AFI 36-2905, Fitness Program AFGM 5 (dated 3 Jan 13), paragraph 10, “if an airman becomes injured or ill during the FA, he/she will have the option of being evaluated at the 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 test results by notifying the FAC in writing." Therefore, the Board should deny the relief sought by applicant because he did not provide an invalidation memorandum as required by AFI. 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 3 Mar 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. Insufficient relevant evidence has been presented to demonstrate the existence of an 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant has provided an AF Form 108 endorsed by both his medical provider and commander indicating he had a medical condition that precluded him from attaining a passing score, in the absence of evidence the commander did or would have invalidated the FA in question within five duty days, 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 2013-03895 in Executive Session on 21 May 14, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Aug 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 14 Feb 14. Exhibit D. Letter, SAF/MRBR, dated 3 Mar 14. 4 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 5