RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03684 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Fitness Assessment (FA), dated 20 May 13 be removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: An injury to his right ankle, sustained during the cardio portion of the contested FA, prevented him from attaining a satisfactory score. The disrespectful attitude of the Fitness Assessment Cell (FAC) representative prevented him from understanding the process for reporting an injury during the FA. He was not given sufficient rest time between the muscular fitness and the cardio portion of the FA. An AF Form 469 Duty Limiting Report issued after the contested FA supports his claim of an injury. It lists the following restrictions: no running or walking greater than 100 yards, no impact activity such as jumping. The AF Form 469 also restricts him from the cardio portion of an FA for the period of 29 May 13 to 23 Jul 13. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the regular Air Force as a Technical Sergeant (E-6). On 20 May 13 the applicant participated in the contested FA. He received composite score of 40.00 and a score of 15.25 / 0.00 on the cardio portion of the assessment. On 14 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), on the basis of “Insufficient docs (ex. Commander memorandum or medical docs).” In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM5 (3 Jan 13), 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. 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. If an AF Form 422 Air Force Members Qualification Status is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA, citing the lack of supporting evidence specifically AF Form 422 and medical documents. 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 17 Jan 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, a majority of the Board believe he has met his burden of establishing the contested FA should be declared void. The Air Force Office of Primary Responsibility (OPR) recommends denial, stating that while there was evidence to support his medical condition, a commander invalidation letter was not provided and the FAAB concurred with the OPR and denied the request due to lack of supporting evidence. While an invalidation letter from the commander and an AF FM 422 was not submitted, a majority of the Board recognize the applicant submitted a personal statement and an AF Form 469 signed by his medical provider, indicating that he injured his ankle during the contested FA, which did in fact preclude him from successfully passing the assessment. Given the AF Form 469 was issued shortly after the FA and restricted him from the cardio component of future assessments, a majority of the board find a totality of the evidence supports favorable consideration of this request. Therefore, the majority of the board recommends 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 20 May 2013 be declared void and removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03684 in Executive Session on 30 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By majority vote, the Board voted to correct the records, as recommended. XXXXXXXXXXX voted to deny the applicant's request and has submitted a minority report which is at Exhibit D. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03684 was considered: Exhibit A.  DD Form 149, dated 21 Jul 13, w/atchs. Exhibit B.  Memorandum, AFPC/DPSIM, dated 27 Nov 13, w/atchs. Exhibit C.  Letter, SAF/MRBR, dated 17 Jan 14. Exhibit D. Minority Report, dated 7 Aug 14. Panel Chair