RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00472
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA), dated 30 Apr 12, be declared void and removed from the Air Force Fitness Management System (AFFMS).
APPLICANT CONTENDS THAT:
He had a medical condition at the time he took the FA in question which was not documented on an AF Form 422 and prevented him from achieving a passing score. The physician from his base Medical Center confirmed that during the FA in question 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.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of Technical Sergeant (TSgt/E-6) during the matter under review.
According to the documentation submitted by the applicant, on 10 Jan 12, the applicant received an AF Form 422, Notification of Air Force Members Qualification Status, exempting him from doing pushups until 8 Feb 12.
On 30 Apr 12, the applicant failed the contested FA.
On 12 Aug 12, an enlisted performance report (EPR), rendered for the period 16 Jul 11 through 15 Jul 12, was referred to the applicant for a Does Not Meet standards rating in Block 3, Fitness, due to his failed FA.
On 30 Jul 13, an enlisted performance report (EPR), rendered for the period 16 Jul 12 through 15 Jul 13, was referred to the applicant for a Does Not Meet standards rating in Block 3, Fitness, due to a having failed his FA. The applicant submitted a statement in his own behalf explaining the basis for his fourth FA failure in a 24-month period.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial based upon the fact that the applicant has not exhausted all available avenues of administrative relief. In accordance with AFI 36-2905, Fitness Program, dated 21 Oct 13, any military member can appeal an FA through their Wing, and subsequently through the Air Force Fitness Assessment Appeals Board (FAAB) within two years of discovering an error or injustice. The applicants DD Form 149, Application for Correction of Military Record, was signed on 30 Jan 14, and his appeal had not been considered by his Wing Commander or the FAAB.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7 Jan 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant failed to exhaust 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, we find this application is not ripe for adjudication at this level as a subordinate level of appeal exists that has not first been depleted. Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified 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.
The following members of the Board considered AFBCMR Docket Number BC-2014-00472 in Executive Session on 19 Feb 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIM, dated 12 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 7 Jan 15.
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