RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01802 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The Fitness Assessment (FA) dated 25 Mar 13, be declared void and removed from the Air Force Fitness Management System (AFFMS). 2. The Fitness Assessments (FA) dated 19 Mar 12 and 12 Dec 12 be declared void and removed from the Air Force Fitness Management System (AFFMS) [Administratively corrected by Fitness Assessment Appeals Board decision]. ________________________________________________________________ APPLICANT CONTENDS THAT: Due to surgery to right knee and right shoulder, he was unable to successfully obtain a minimum passing score on the cardio component of the contested FA. In support of the appeal, the applicant submits AF Form 108, three AF Form 422s, and four AF Form 469s. 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 master sergeant (E-7). On 25 Mar 13, applicant participated in the contested FA and attained an unsatisfactory score (33.33) completing all four components. On 3 Apr 13, AF Form 108 documented the applicant could not pass the FA administered 25 Mar 13 due to medical condition. On 4 Apr 13, applicant’s PCM updated AF Form 469 restricting him from lifting more than 10 pounds and the run, walk, and push-up portions of the FA. On 22 Jan 14, a similar request was considered by the Fitness Assessment Appeals Board (FAAB). The FAAB removed the 19 Dec 12 and 12 Dec 12 FAs but denied the removal of the 25 Mar 13 FA on the basis the applicant failed to provide sufficient evidence to warrant removal. The applicant’s last eight FA results are as follows: Date Composite Score Rating 13 Nov 13 100 Excellent (Exempt from Cardio/PU) 9 May 13 100 Excellent (Exempt from Cardio/PU) *25 Mar 13 33.33 Unsatisfactory (Exempt from PU) *12 Dec 12 - Removed by FAAB 22 Jan 14 28 Jun 12 100 Excellent (Exempt from Cardio/PU/SU) *19 Mar 12 - Removed by FAAB 22 Jan 14 2 Aug 11 84.70 Satisfactory 28 Apr 11 77.90 Unsatisfactory (minimum SU) * Contested FA In accordance with guidance at the time of contested FA, AFI 36- 2905 (1 Jul 10), Paragraph 2.3.2., “All members must complete the FSQ prior to FA (Attachment 4).” In accordance with guidance at the time of contested FA, AFI 36- 2905 (1 Jul 10), Paragraph 2.3.2.1, “The FSQ should be completed no earlier than 30 calendar days (90 days for ARC), but NLT 7 days prior to FA to provide time for medical evaluation, when indicated. Note: Failure to complete FSQ does not invalidate the FA.” In accordance with guidance at the time of contested FA, AFI 36- 2905 (1 Jul 10), Paragraph 2.3.2.2, “A medical provider must evaluate all members with health issues identified on the FSQ prior to the FA. Member must notify the UFPM of the assessment/training clearance status from the provider. The provider or ARC MLO completes the bottom portion of the FSQ or the Medical Clearance Letter (MCL) if the member has no limitations (Attachment 10 or 11) and an AF Form 469, if applicable.” In accordance with guidance at the time of contested FA, AFI 36- 2905 (1 Jul 10), Attachment 4, Fitness Screening Questionnaire: “1. Have you experienced any of the symptoms/problems listed below and not been medically evaluated and cleared for unrestricted participation in a physical training program? - Unexplained chest discomfort with or without exertion - Unusual or unexplained shortness of breath - Dizziness, fainting, or blackouts associated with exertion - Other medical problems that may prevent you from safely participating in this test - Yes: Stop. Notify your UFPM and contact your PCP/MLO for evaluation/ recommendations (or for ARC, contact the MLO for Duty Limiting Conditions (DLC) documentation and referral to PCP).” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends granting relief for the 25 Mar 13 FA because the member was assessed on components he should have been exempt. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Feb 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, 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 contested FA should be declared void. Although the applicant has not provided a letter from his commander invalidating the FA, he has provided an AF Form 108 signed by his medical provider and an AF Form 469 indicating that he had a medical condition and that precluded him from passing the contested FA. Given his medical provider’s recommendation to invalidate the FA and the exemptions that have been granted to him in the past due to his ongoing medical condition, we find a totality of the evidence supports favorable consideration of this request. Therefore, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 25 March 2013 be declared void and removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01802 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Apr 13, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 15 Oct 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 9 Feb 14. 1 2