RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00368
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 27 Dec 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
He had a medical condition which precluded him from passing the contested FA; however, due to the holiday season, he was unable to get an immediate appointment with his medical provider. As a result the scores were unjustly entered into AFFMS. On 7 Jan 14 he was evaluated by his provider who validated that he should not have tested on all components of the FA.
In support of his appeal the applicant submits an AF Form 108, Physical Fitness Education and Intervention Processing, signed by his medical provider.
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; states any military member can appeal their 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
In accordance with AFI 36-2905, Fitness Program, 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 within five days of the assessment. 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 five duty days or when capable based on the recommendations of the medical provider and the Exercise Physiologist (EP).
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 27 Dec 13. 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 14 Mar 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-2013-00368 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 21 Jan 14, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 5 Mar 14.
Exhibit C. Letter, SAF/MRBR, dated 14 Mar 14.
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