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AF | BCMR | CY2013 | BC 2013 05191
Original file (BC 2013 05191.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05191

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 2 Oct 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

He had a medical condition during the contested FA, which precluded him from obtaining a satisfactory overall rating.

He was on a profile for his right hip and had been going to therapy.

He was placed on a short notice Temporary Duty (TDY) a month before his FA and missed a month of therapy.

The medical condition has been validated through a medical evaluation.  

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 2 Oct 13, the applicant participated in the contested FA and attained an unsatisfactory composite score.

IAW AFI 36-2905, Fitness Program, dated 21 Oct 2013, states any military member can appeal their FA 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).

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request for void/removal of FA dated 2 Oct 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.
________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachment, was forwarded to the applicant on 20 Feb 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 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, we find this application is not ripe 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 following members of the Board considered AFBCMR Docket Number BC-2013-05191 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:

	Ms. XXXXXXXX, Chair
	Ms. XXXXXXXX, Vice Chair
	Ms. XXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05191 was considered:

	Exhibit A.  DD Form 149, dated 4 Dec 13, w/atch.
	Exhibit B.  Letter, AFPC/DPSIM, dated 15 Jan 14.
	Exhibit C.  Letter, SAF/MRBR, dated 20 Feb 14.




                                   XXXXXXXX
                                   Chair




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