RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05139
COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 15 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
He was injured during the contested FA and taken to the local hospital. He was unaware of the time restriction for his commander to invalidate the FA score.
He has provided a commanders letter explaining the circumstances of the injury and indicating that the contested FA should be removed.
His DD 149 Application for Correction of Military Record was submitted one day after the implementation of AFI 36-2905, Fitness Program, dated 21 Oct 13. In the interest of administrative expediency, and in light of the commanders explicit recommendation to invalidate the FA, the board may wish to consider the case at this time rather than deferring it back to the Fitness Assessment Appeals Board (FAAB).
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
At the time of the contested FA the applicant was serving as a Senior Airman (E-4) in the regular Air Force.
On 15 Aug 13, the applicant participated in the contested FA and attained an unsatisfactory composite score.
In accordance with (IAW) AFI 36-2905, Fitness Program, dated 21 Oct 13, states any military member can appeal their FA through a Wing-Level Appeals Board and through the AFPC/FAAB, within two years of discovering the error/injustice.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 15 Aug 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 28 Mar 14 for redirection (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicants contentions, we agree with the opinion and recommendation of the Air Force office of primary responsibility that the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. However, for the sake of expediency and given the supporting evidence provided by the applicant, we find a sufficient basis to recommend favorable consideration of his request. In this respect, we note the applicant provides a letter from his commander requesting the FA be invalidated and indicating that he in fact did have a medical condition which precluded him from passing the contested FA. Therefore, we recommend the applicants records be corrected as indicated below.
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THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 15 Aug 13 be declared void and removed from the Air Force Fitness Management System.
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The following members of the Board considered AFBCMR Docket Number BC-2013-05139 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:
XXXXXXXXXXX, Chair
XXXXXXXXXXX, Member
XXXXXXXXXXX, Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Oct 13, w/atch.
Exhibit B. Memorandum, AFPC/DPSIM, dated 11 Mar 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Mar 14.
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