RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04664 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessments (FAs) dated 17 Jul 12, 26 Nov 12, and 28 May 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: The contested FA failures were unjust because he had a documented medical condition which precluded him from attaining a satisfactory score. He was taking medications which caused rapid weight gain and his mobility had been limited by medical conditions that restricted the distance he could walk. He has submitted a list of medications and a letter from his civilian physician which corroborates his contention. In support of his appeal the applicant submits; a Medical Determination letter, signed by his medical provider on 11 Jun 13, which states the applicant “had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test.” 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 as a Technical Sergeant (E-6) in the Regular Air Force. Applicant participated in the contested FAs on 17 Jul 12, 26 Nov 12, and 28 May 13. For each assessment he was exempted on the cardio and sit-up portions. The applicant failed to meet minimum requirements on the abdominal circumference portion of each test. On 20 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating “There was not enough or specific details of the medical condition provided from the applicant’s medical provider.” In accordance with (IAW) guidance at the time of contested FA, AFI 36-2905_ Fitness Program AFGM4&5 (26 Jun 13 & 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 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided. IAW AFI 36-2905_ AFGM4&5 (26 Jun 13 & 3 Jan 13), paragraphs 2.3.2 through 2.3.2.2 All members must complete the Fitness Screening Questionnaire (FSQ) prior to FA. The FSQ should be completed no earlier than 30 calendar days, but no later than 7 days prior to FA to provide time for medical evaluation, when indicated; however, failure to complete FSQ does not invalidate the FA. A medical provider must evaluate all members with health issues identified on the FSQ prior to the FA. Member must notify the Unit Fitness Program Manager (UFPM) of the assessment/training clearance status from the provider. ________________________________________________________________ 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, AFGM5, paragraph 13, (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 7 Mar 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 warranting partial relief. While the applicant contends he had a medical condition that precluded him from successfully completing three of his FAs, we believe he has met his burden of establishing that only the FA dated, 28 May 2013 should be declared void. The office of primary responsibility (OPR) recommends denial of the request due to lack of supporting evidence; specifically, a commander invalidation memorandum. However, since the applicant was not injured of became ill during the administration of the FAs, but rather had a documented medical condition which precluded him from attaining a satisfactory score, the commander could not have invalidated them. Although the lack of such evidence is not a sufficient basis to deny the request, the applicant has not provided any support from his leadership. The FAAB denied the request due to a lack of details about the applicant’s medical condition. While the applicant’s submission is void of any support from the commander, he has provided a “Medical Determination Letter,” dated 11 Jun 2013 from his medical provider indicating that a medical condition precluded him from passing the contested FAs; and a letter, dated 28 Jun 13, from an off-base provider stating the medication he was prescribed can cause rapid weight gain. In view of this, we find sufficient evidence to support favorable consideration for the FA dated 28 May 13. However, given that the FAs dated 17 Jul 12 and 26 Nov 12 occurred approximately 7 and 11 months, respectively, prior to his provider’s medical recommendation, we find insufficient evidence for us to conclusively determine this portion of his request should be favorably considered. However, should the applicant provide such evidence, we would be willing to reconsider his request. Therefore, in view of the above and in absence of evidence to the contrary, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS 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 May 2013, be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-04664 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 pertaining to AFBCMR Docket Number BC-2013-04664 was considered: Exhibit A. DD Form 149, dated 23 Sep 13, w/atchs. Exhibit B. Memorandum, AFPC/DPSIM, dated 8 Jan 14, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 7 Mar 14. Panel Chair