RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00414
XXXXXXXXXX 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).
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not understand that the 1.0 mile walk test had changed to a pass/fail assessment. The instructions read by the Fitness Assessment Cell (FAC) were unclear and he was not aware of the test failure until the next day. He completed a retest the next week and passed with a 100 percent.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The Applicant was serving as a Master Sergeant (E-7) in the regular Air Force during the matter under review.
In accordance with 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 27 Dec 13, the applicant participated in the contested FA and attained an unsatisfactory composite score.
On 27 Apr 14 the applicant submitted a DD 149 Application for Correction of Military Record.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 27 Dec 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 was forwarded to the applicant on 21 Mar 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.
________________________________________________________________
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 Board; 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-2014-00414 in Executive Session on 21 May 14, under the provisions of AFI 36-2603:
XXXXXXXXXX, Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jan 14, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 24 Feb 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 Mar 14.
AF | BCMR | CY2014 | BC 2014 02012
In support of his appeal, the applicant submits a Medical Determination Letter, signed by his medical provider, which stated that, he had a documented medical condition that precluded him from achieving a passing score in a non-exempt portion of the FA test. The applicants complete submission, with attachments, is at Exhibit A. Air Force Instruction (AFI) 36-2905, Fitness Program, dated 21 Oct 2013, states that any military member can appeal his or her own FA through a Wing-Level...
AF | BCMR | CY2014 | BC 2014 02523
In support of his appeal, the applicant submits a Medical Determination Letter, signed by his medical provider and indicating he had a condition that precluded him from passing the FAs dated 4 Jun 12 and 23 Aug 12 and a commander invalidation memorandum, requesting that the FA dated 30 May 13 be removed. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for the removal of the contested FAs due to the applicant not exhausting all administrative remedies. ...
AF | BCMR | CY2014 | BC 2014 01677
Examiners Note: In his application the member states that he submits a memorandum from his medical provider and a letter from his commander. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for the removal of the contested FA due to the applicant not exhausting all administrative remedies. Furthermore, the Board cannot grant reconsideration on this portion of his request unless and until he has exhausted all other avenues of relief.
AF | BCMR | CY2013 | BC 2013 00059
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00059 XXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 5 Dec 12 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ STATEMENT OF FACTS: IAW AFI 36-2905, dated 21 Oct...
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 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...
AF | BCMR | CY2014 | BC 2014 00787
Air Force Instruction (AFI) 36-2905, Fitness Program, dated 21 Oct 13, states that any military member can appeal his or her own FA through a Wing-Level Appeals Board and through the AFPC Fitness Assessment Appeals Board (FAAB), within two years of discovering the error or injustice. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for the removal of the contested FAs due to the applicant not exhausting all administrative remedies. As such, an applicant must...
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 00236
At the time the application was submitted, the applicant had not exhausted all available avenues of administrative relief prior to seeking correction of military records. ________________________________________________________________ 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. In view of this and since this avenue of administrative relief was available at the time the...
AF | BCMR | CY2014 | BC 2014 00709
AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for the removal of the contested FA due to the applicant not exhausting all administrative remedies. In this respect, this Board is the highest administrative level of appeal within the Air Force. Exhibit B. DD Form 149, dated 24 Mar 14, w/atchs.