RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05080
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessments (FAs), dated 28 Oct 09 and 19 Jan 10 be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
She had a medical condition during both contested FAs, which precluded her from obtaining a satisfactory overall ratings.
She went through an MEB a little over a year ago and should not have taken the run/walk portion of both of the FAs.
The medical condition has been validated through a medical evaluation.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
On 28 Oct 09 and 19 Jan 10, the applicant participated in the contested FAs and attained an unsatisfactory composite score.
IAW AFI 36-2905, Fitness Program, dated 21 Oct 13; 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, 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).
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request for void/removal of FAs dated 28 Oct 09 and 19 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 9 Feb 14 for redirection (Exhibit C).
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THE BOARD CONCLUDES THAT:
1. The application was timely filed.
2. 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 her 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 she 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-2013-05080 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:
Ms. XXXXXXXXX, Chair
Ms. XXXXXXXXX, Vice Chair
Ms. XXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 13, w/atch.
Exhibit B. Memorandum, AFPC/DPSIM, dated 15 Jan 14.
Exhibit C. Letter, SAF/MRBR, dated 9 Feb 14.
XXXXXXXXX
Chair
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