RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03078 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessments (FAs), dated 26 Jul 11 and 26 Oct 11 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: He had a pre-existing medical condition, Asthma that was not yet under control and precluded him from obtaining an overall satisfactory rating on the contested FAs. In support of his appeal the applicant submits; a “Medical Determination” letter, signed by his medical provider on 11 Sep 12, which states he “had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test; and multiple standard FM 600s, Chronological Record of Medical Care, indicating that he has Asthma and would be undergoing a Medical Evaluation Board (MEB). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On the date of the contested FAs the applicant was serving in the Regular Air Force in the grade of Staff Sergeant (E-5). On 26 Jul 11, the applicant participated in a FA, attaining an overall composite score of 35.70, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores: Cardio – 18:52/0.00, Abdominal Circumference – 33.50”/20.00 points, Push-ups – 45/7.70 points, Sit-ups – 47/8.00 points. On 26 Oct 11, the applicant participated in a FA, attaining an overall composite score of 42.30, which constituted an “unsatisfactory” assessment. The applicant was credited with the following component scores: Cardio – 16:49/8.30, Abdominal Circumference – 34.50”/20.00 points, Push-ups – 45/7.70 points, Sit-ups – 43/6.30 points. A list of the applicant’s last five FA results is as follows: Date Composite Score Cardio Rating 19 Aug 13 88.75 Exempt Satisfactory 13 May 13 35.60 15:45/0.00 Exempt 8 Nov 12 92.00 Exempt Excellent 14 Aug 12 28.80 18:01/0.00 Unsatisfactory 16 Feb 12 91.75 Exempt Excellent *26 Nov 11 42.30 16:49/8.30 Unsatisfactory *26 Jul 11 35.70 18:52/0.00 Unsatisfactory 31 Jan 11 84.00 Exempt Satisfactory 25 Nov 10 27.50 Incomplete/0.00 Unsatisfactory 24 May 10 78.00 13:11/36.00 Good *Contested FA On 14 Feb 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), stating “The applicant had a pre-existing injury that was validated by medical, but there was no indication the commander wanted to invalidate the Fitness Assessment.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to change the contested FAs in AFFMS due to lack of supporting evidence. DPSIM states, the applicant provided a memorandum from his Primary Care Manager (PCM) supporting his claim. However, he did not provide documentation from the Unit Commander indicating his/her decision to invalidate the FA in accordance with AFI 36-2905, Fitness Program (AFGM5), paragraph 13, dated 20 Dec 10. 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 28 Feb 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. 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 FAs should be declared void. The Air Force Office of primary responsibility (OPR) recommends denial of the request due to a lack of supporting evidence. The FAAB denied the request stating that while there was evidence to support his medical condition, there was no indication the commander wanted to invalidate the contested FAs. While we note an invalidation letter from the commander was not submitted, we recognize the medical documents and the “Medical Determination Letter” from his medical provider, indicating that he had a pre-existing condition of asthma, which precluded him from passing the contested FAs. In view of this, 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 Assessments, dated 26 Jul 11 and 26 Oct 11 be declared void and removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03078 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 7 Jun 13, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 17 Dec 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 28 Feb 14. 1 2