RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00059
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 5 Dec 12 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
The sit up component of the contested FA was unjustly administered by the Fitness Assessment Cell (FAC) representative.
The FAC administrator stopped the sit-up portion of his test due to stretching in the down position for a fraction of a second. The stretching was a result of cramping that came from traveling internationally only 48 hours prior to the assessment.
After he failed the contested FA, he waived his right for the 42-day waiver and retook his FA 2 days later, passing with a 89.20. Additionally, he has never before failed an FA.
In support of his appeal the applicant submits his Waiver for 42-Day Testing Period, and his DTS orders which indicate that he was on over 50 days of training events right before he failed the FA.
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 the time the application was submitted the applicant had 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 5 Dec 12. 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-2013-00059 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:
XXXXXXXX, Chair
XXXXXXXX, Member
XXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 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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