RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03033 COUNSEL:None HEARING DESIRED: NO APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 29 Nov 2012 be declared void and removed from the Air Force Fitness Management System (AFFMS). APPLICANT CONTENDS THAT: A misdiagnosed knee injury precluded him from achieving a passing score during the contested FA. In support of the appeal, the applicant submits a Memorandum For Record dated 10 May 13 from his medical provider, indicating he had a three-year history of knee pain that started after sustaining a fall and developed pain during the sit-up component of the contested FA. An MRI showed degenerative change of the meniscus. He completed therapy in 2010 and 2012. He was placed on a no run or sit-up profile, but still had pain when walking during the contested FA and failed his test. He was referred to an orthopedist, underwent surgical meniscus repair on 15 Feb 13, and as of 10 May 13 was still undergoing postoperative rehabilitation. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of staff sergeant (E-5). On 29 Nov 2012, applicant participated in the contested FA and attained an unsatisfactory score (23.56) after failing to complete the cardio portion of the test. The applicant’s last five FA results are as follows: Date Composite Score Rating 19 Aug 13 69.67 Unsatisfactory *23 May 13 70.67 Unsatisfactory 25 Feb 13 73.33 Unsatisfactory 29 Nov 12 23.56 Unsatisfactory 14 Aug 12 9.25 Unsatisfactory * Contested FA In accordance with guidance at the time of contested FA, AFI 36- 2905_AFGM4 (26 Jun 12), 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.” Additionally, Paragraph a states, “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. NOTE: Original FA will count unless rendered invalid by the Unit Commander.” AIR FORCE EVALUATION: AFPC/DPSIM recommends denial and states in part, that he did not provide documentation of an invalidation memorandum 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: A copy of the Air Force evaluation was forwarded to the applicant on 21 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. 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 the applicant has not been the victim of an error or injustice. While the applicant has provided a statement from his medical provider indicating he had a three-year history of knee pain that started after sustaining a fall and developed pain during the sit-up component of the contested FA, he has not met his burden of proving the contested FA should be removed from the AFFMS. In this respect, we note the applicant has not provided a letter of support or invalidation memorandum from the commander. 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 XXXXXXXXXXXXX, XXXXXXXXXXXXXXXXX has signed as Acting Panel Chair. The following members of the Board considered AFBCMR Docket Number BC-2013-03033 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-2013-03033: Exhibit A. DD Form 149, dated 21 Jun 13, w/atch. Exhibit B. Memorandum, AFPC/DPSIM, dated 13 Dec 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 28 Feb 14. 1 2