RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04899
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 16 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition which precluded him from passing the contested FA; however, due to scheduling limitations he was not able to be seen until the following week. As a result the scores were unjustly entered into AFFMS. On 23 Sep 13 he met with his medical provider who validated he had a medical condition
In support of his appeal the applicant submits an AF Form 108, Physical Fitness Education and Intervention Processing, signed by his medical provider and commander.
The applicants complete submission with attachments is at Exhibit A.
________________________________________________________________
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).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 20 Feb 14. 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.
________________________________________________________________
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).
_______________________________________________________________
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.
________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-04899 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:
XXXXXXX, Chair
XXXXXXX, Member
XXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Oct 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 15 Jan 14.
Exhibit C. Letter, SAF/MRBR, dated 20 Feb 14.
AF | BCMR | CY2013 | BC 2013 00265
________________________________________________________________ STATEMENT OF FACTS: In accordance with AFI 36-2905, dated 21 Oct 2013, 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 ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request, as he has...
AF | BCMR | CY2014 | BC 2014 00287
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00287 XXXXXXx COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 28 Sept 12, 15 Jan 13, and 19 Apr 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). The medical condition has been validated through a medical evaluation. In view of this...
AF | BCMR | CY2013 | BC 2013 04884
The FSQ should be completed no earlier than 30 but no later than 7 calendar days prior to FA to provide time for medical evaluation, when indicated; however, failure to complete an FSQ does not invalidate the FA. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 12 Sep 13. In particular, the applicant has provided medical documentation validating that he had a medical...
AF | BCMR | CY2013 | BC 2013 00368
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 ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 27 Dec 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ STATEMENT OF FACTS: IAW AFI 36-2905, dated 21...
AF | BCMR | CY2013 | BC 2013 05442
The medical condition has been validated through a medical evaluation. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 20 Feb 14 for redirection (Exhibit C). In this respect, we note this Board is the highest administrative level of appeal within the Air Force.
AF | BCMR | CY2013 | BC 2013 05484
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 30 Jun 10. A complete copy of the AFPC/DPSIM evaluation is at Exhibit B. Exhibit C. Letter, SAF/MRBR, dated 20 Feb 14.
AF | BCMR | CY2013 | BC 2013 00091
In support of her appeal the applicant submits medical documentation and a medical determination letter signed by her medical provider indicating that she did in fact have a medical condition that precluded her from passing the contested FAs. 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. In view of this and since...
AF | BCMR | CY2013 | BC 2013 00081
A complete copy of the AFPC/DPSIM evaluation is at Exhibit B. 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. 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...
AF | BCMR | CY2014 | BC 2014 00298
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00298 XXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 20 Jul 12 be declared void and removed from the Air Force Fitness Management System (AFFMS). As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law...
AF | BCMR | CY2013 | BC 2013 05435
As of this date, no response has been received by this office (Exhibit C). 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. 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...