RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00126
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessments (FAs), dated 26 Feb 10, 22 Oct 10, and 1 Mar 12, be declared void and removed from the Air Force Fitness Management System (AFFMS).
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition during the contested FAs, which precluded him from obtaining a satisfactory overall rating.
The medical condition has been validated through a medical evaluation.
The applicants complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
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 Fitness Assessment Appeals Board (FAAB), within two years of discovering the error/injustice.
On 26 Feb 10, 22 Oct 10, and 1 Mar 12, the applicant participated in the contested FA and attained an unsatisfactory composite score for each of the contested FAs.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 26 Feb 10, 22 Oct 10, and 1 Mar 12. 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 18 Feb 14 for redirection (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.
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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-2014-00126 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:
XXXXXXXXX, Chair
XXXXXXXXX, Member
XXXXXXXXX, Member
The following documentary evidence was considered in AFBCMR Docket Number BC-2014-00126:
Exhibit A. DD Form 149, dated 13 Dec 13, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 15 Jan 14.
Exhibit C. Letter, SAF/MRBR, dated 18 Feb 14.
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