RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02767 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 23 Jan 13, be removed from the Air Force Fitness Management System (AFFMS). ______________________________________________________________ APPLICANT CONTENDS THAT: He had a documented medical condition that precluded him from achieving a passing score on the non-exempt portion of the contested FA. In support of his request, the applicant provides a Memorandum from his medical provider dated 19 Mar 13 indicating he had a medical condition that precluded his passing the non-exempt portion of the test. 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 grade of Technical Sergeant (E-6). The applicant took the contested FA on 23 January 2013 and passed all components of the test. However, he failed to achieve a satisfactory composite score due to receiving a low score on the cardio portion of the test. The applicant performed the 1.5 mile run in 13:51, for a score of 39.30, the lowest score attainable without failing that portion of the test. This score resulted in an unsatisfactory composite score of 73.10. The applicant’s last five fitness test results are listed below: Date Cardio Abd circ Push Ups Sit Ups Comp Score Fit Level 5/7/13 Exempt/60.00 38.00”/14.40 60/10.00 56/10.00 86.00 Sat *1/23/13 13:51/39.30 38.00”/14.40 60/10.00 50/9.40 73.10 Unsat 6/29/12 13:06/44.90 37.00”/15.80 60/10.00 52/9.50 80.20 Sat 11/29/11 13:13/44.90 35.50”/17.60 58/10.00 47/8.80 81.30 Sat 3/31/11 13:28/42.30 36.50”/16.40 62/10.00 48/9.00 78.20 Sat *Contested FA In accordance with guidance at the time of contested FA, AFI 36- 2905_AFGM4 (26 June 2012), Attachment 1, Section 10, Paragraph a, “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 (EP). If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided. For non-AGR ARC, Airmen will be required to retest the next date they are in appropriate military duty status and official FAs are being conducted.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial due to lack of supporting evidence. The applicant did not provide an invalidation letter from the Commander requesting to have the FA score removed from AFFMS as outlined in AFI 36-2905, Fitness Program (dated 1 July 2010). The AFPC/DPSIM complete evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, with attachments, was forwarded to the applicant on 14 February 2014 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ 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 the applicant has provided medical documentation indicating a medical condition existed at the time of the contested FA, he has not met his burden of proving it should be removed from the AFFMS. In this respect, we note the medical documentation prepared several months after the contested FA, indicating he had a medical condition in a non-exempt portion of the FA that precluded him from achieving a passing score in that portion of the FA. However, this evidence, in and of itself, does convince us the entire FA should be removed. Moreover, the applicant has not provided a letter of support from the commander requesting the FA be invalidated. Should the applicant provide such evidence, we would be willing to reconsider this request. However, in view of the above and in the absence of evidence to the contrary, we find no compelling 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. ________________________________________________________________ Due to the unavailability of XXXXXXXXXX, XXXXXXXXXXXXXXX has signed as Acting Panel Chair. The following members of the Board considered in Executive Session on 21 May 14, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2013-02767: Exhibit A. DD Form 149, dated 9 Jun 13, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 17 Dec 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 14 Feb 14.