RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00031
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 8 Jan 10 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
She never took the contested FA on 8 Jan 10 and was not due to test until six months later. The applicant explains that a new version of the Fitness AFI 10-248 came out on 10 Jan 2010, but did not take effect until July 2010. This change to the AFI enacted the six month testing. The numbers required match up with a test graded a year later by the same Physical Training Leader. The scores inputted match up partially with the grading system that came out two days after the new AFI (AFI36-2905) was announced, though the AFI was not effective until July 2010. This shows it was inputted in error.
In support of her appeal the applicant submits a Memorandum for Record explaining the discovery and why it is faulty, as well as her FA score sheet that shows the duplicate scores.
The applicants complete submission with attachments is at Exhibit A.
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STATEMENT OF FACTS:
IAW AFI 36-2905, dated 21 Oct 2013; any military member can appeal his/her Fitness Assessment through a Wing-Level Appeals Board and through the AFPC Fitness Assessment Appeals Board (FAAB), within two years of discovering the error/injustice.
At this time the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of military records.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 8 Jan 10. Specifically, the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of military records.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 4 Apr 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
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THE BOARD CONCLUDES THAT:
1. The applicant has not 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. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this and since this avenue of administrative relief was available at the time the applicant submitted his application, we find it would be inappropriate to consider this application for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no compelling basis to recommend granting the relief sought in this application.
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THE BOARD DETERMINES THAT:
The applicant be notified that he has not exhausted all available avenues of administrative relief prior to submitting his application to the BCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00031 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:
XXXXXXXXX, Chair
XXXXXXXXX, Member
XXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 7 Mar 14.
Exhibit C. Letter, SAF/MRBR, dated 4 Apr 14.
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