RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04890 XXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 28 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: During the FA the applicant reinjured a strain on a surgically repaired right hernia. This injury precluded him from passing the contested FA. The applicant states that he immediately informed the FAC and made an appointment with his medical provider. After reporting to the hospital the following day he was placed on a profile for the injury he received during the test. His Unit Fitness Program Manager then contacted the FAC personnel requesting removal of the FA from his records; however, the scores had already been entered into AFFMS. In support of his appeal, the applicant provides an AF FM 469 validating his injury. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On the date the application was submitted the applicant was serving as a Staff Sergeant (E-5) in the Regular Air Force. On 28 Aug 13, the applicant participated in a FA, attaining an overall composite score of 35.40, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores: Cardio – 15:55/0.00 points, Abdominal Circumference – 36.00”/17.00 points, Push-ups – 56/8.90 points, Sit-ups – 55/9.50 points. An AF FM 469, Duty Limiting Condition Report, provided by the applicant and signed on 29 Aug 13 by his medical provider (a day after the FA) indicates an exemption for the 1.5 mile run. The expiration date of this profile was 12 Oct 13. A list of the applicant’s last five FAs is as follows: Date Composite Score Cardio Rating 21 Nov 13 91.50 Exempt Excellent 28 Aug 13 35.40 15:55/0.00 Unsatisfactory 1 Feb 13 87.50 Exempt Satisfactory 18 Jul 12 88.25 Exempt Satisfactory 12 Mar 12 78.80 13:44/39.30 Unsatisfactory *Contested FA On 20 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating “the applicant’s injury was not validated by the applicant’s medical provider. Also, there was no indication the commander wanted to invalidate the Fitness Assessment.” In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program, Attachment 1, Section 10, “If an Airman becomes injured or ill during the FA and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but his/her test will still count unless rendered invalid by the Unit Commander. If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results. The Airman will then be required to retest within 5 duty days or when capable based on the recommendations of the medical provider/MLO and the Exercise Physiologist. If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request due to lack of supporting evidence. DPSIM states, the applicant did not submit a Unit Commander’s invalidation memorandum IAW AFI 36-2905. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 14 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 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 that the applicant has not been the victim of an error or injustice. While we note the AF FM 469 exempted him from the 1.5 mile run, he has not met his burden of proving the contested FA should be removed from his records. In this respect, the profile was issued after the contested FA already took place and no “medical determination letter” indicating that his injury precluded him from passing the FA was provided. Furthermore, the applicant’s submission does not contain support from his commander requesting the FA be invalidated. Should the applicant provide such evidence, we would be willing to reconsider his request. However, in view of the above and in the absence of evidence to the contrary, 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-2013-04890 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603: XXXXXXXX, Chair XXXXXXXX, Member XXXXXXXX, Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04890 was considered: Exhibit A.  DD Form 149, dated 30 Sep 13, w/atchs. Exhibit B.  Memorandum, AFPC/DPSIM, dated 7 Jan 14, w/atchs. Exhibit C.  Letter, SAF/MRBR, dated 14 Mar 14. 1 2