RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02331 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 28 Feb 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: Due to a knee injury, sustained during the FA, he was unable to obtain a minimum passing score the contested FA. In support of the appeal, the applicant submits memoranda a clinical physician assistant and his Flight Superintendent. 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). On 28 Feb 13, the applicant participated in the contested FA and attained an unsatisfactory score (73.90) completing all four components. On 1 Mar 13, AF Form 422 restricted applicant from 1.5 mile run and 1 mile walk. On 2 Jan 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis the applicant did not provide sufficient evidence; specifically AF Form 422. The applicant’s last five FA results are as follows: Date Composite Score Rating 22 Nov 13 87.75 Satisfactory (Exempt from Cardio) 31 May 13 86.00 Satisfactory (Exempt from Cardio) * 28 Feb 13 73.90 Unsatisfactory (Total Score) 10 Aug 12 77.25 Satisfactory (Exempt from Cardio) 31 Jan 12 79.50 Satisfactory * Contested FA In accordance with guidance at the time of contested FA, AFI 36- 2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph a., “If an Airman notifies the FAC of the presence of an illness/injury, the FAC staff (or UFPM where no FAC exists) will not input the scores in AFFMS for the time period specified below. For RegAF and AGR Airmen, the FAC (or UFPM where no FAC exists) will enter the FA results in AFFMS on the 6th duty day if the Commander does not invalidate test results or no response from the Commander is received within this timeframe. For non- AGR and Traditional ARC Airmen, the FAC (or UFPM where no FAC exists) will enter scores into AFFMS at the conclusion of the next UTA if the Commander does not invalidate the test results or no response from the Commander is received within this timeframe.” In accordance with guidance at the time of contested FA, AFI 36- 2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph b., “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. If the FA is invalidated, the Airman will be required to retest on all non-exempt FA components within five duty days from original FA test date. If an AF Form 422 is required, an additional five duty days will be allowed for the AF Form 422 to be generated and provided. Non-AGR and Traditional ARC Airmen will be required to retest the next date they are in appropriate military duty status and official FAs are being conducted. NOTE: Original FA will count unless rendered invalid by the Unit Commander.” In accordance with guidance at the time of contested FA, AFI 36- 2905_AFGM5 (3 Jan 13), Attachment 1, Section 10, Paragraph c., “Airmen should notify their Commander within one duty day of the FA regarding the injury/illness to ensure communication regarding test validity with the MTF and FAC staff occurs prior to score entry into AFFMS.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial and states, in part, that although the applicant had documentation from the medical provider stating there was a valid medical condition, he did not provide an invalidation letter from the unit commander. A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 Feb 14, applicant provided a memorandum in rebuttal of AFPC/DPSIM and FAAB memoranda. In further support of his appeal, the applicant provided an AF Form 422 (1 Mar 13) that restricted him from 1.5 mile run and 1 mile walk. He also stated that he returned to the Fitness Assessment Cell 40 minutes after the contested FA to inform them about the injury but the results were already input into AFFMS. The applicant’s complete submission, with attachments, is at Exhibit E. ________________________________________________________________ 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 believe he has met his burden of establishing the contested FA should be declared void. The Air Force Office of primary responsibility (OPR) disapproved the request, stating while there was evidence to support his medical condition, a commander invalidation letter was not provided and the FAAB concurred with the OPR recommending denial. While we note an invalidation letter from the commander was not submitted, we recognize; the letter from the applicant’s supervisor supporting his request; the letter signed by the applicant’s medical provider indicating, that he did in fact have a medical injury that precluded him from passing the contested FA; and the AF Form 422, date 1 day after the contested FA, exempting him from the cardio component. Given his medical provider’s recommendation to invalidate the FA, the letter from his supervisor, and the AF Form 422 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 28 February 2013 be declared void and removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02331 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member A majority of the Board voted to correct the records, as recommended. xxxxxxxxxxx voted to deny the application and has provided a Minority Report which is at Exhibit E. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Mar 12, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 24 Nov 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 10 Jan 14. Exhibit D. Letter, Applicant, dated 10 Feb 14, w/atchs. Exhibit E. Minority Report, dated 24 Jun 14. Panel Chair 1