RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00709
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA) dated 9 Jan 14 be declared void and removed from the Air Force Fitness Management System (AFFMS).
APPLICANT CONTENDS THAT:
He was diagnosed with a viral lung infection, which prevented him from passing the cardio component of the contested FA. While participating in the 1.5-mile run his breathing became more labored than usual and he began wheezing. He completed the run with a time of 14:27, which ultimately precluded him from achieving an overall satisfactory rating on the contested FA.
Later that day, he was still having trouble breathing and was seen by his medical provider who diagnosed him with the viral lung infection. His medical provider prescribed him a nebulizer filled with albuterol, as well as a 5-day prednisone steroid, antibiotic, and albuterol inhaler regiment to prevent respiratory arrest. Additionally, he was given a restriction of no run/walk test for 30 days to mitigate the risk of another bronchial episode. He was unaware that he had this medical condition during the FA, which caused a bronchial restriction and resulted in the increased run-time.
In support of his appeal, the applicant submits a personal letter to the board; an AF Form 600, Chronological Record of Medical Care; AF Forms 469, Duty Limiting Condition Report; and an AF IMT 1042, Medical Recommendation for Flying or Special Operational Duty. These documents validate that he had a medical condition during the contested FA.
The applicants complete submission, with attachments, is at Exhibit A and B.
STATEMENT OF FACTS:
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.
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.
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 or she will have the option of being evaluated at the Medical Treatment Facility (MTF). However, the test will still count unless rendered invalid by the Unit Commander within five days of the assessment. If the medical evaluation validates the illness or 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).
Examiners Note: On 25 Feb 14, the applicant sent an e-mail requesting that his case be administratively closed to pursue another avenue of correction. On 31 Mar 14, the applicant submitted another DD FM 149, which reopened his case. In the new application and an e-mail sent to the BCMR by the applicant on 25 Apr 14, he indicates that that he pursued removal through his chain of command and his WG/CC; however, it was determined that removal of this FA was outside the intent of that avenue since it was neither incorrect or unjust, but instead due to a pre-existing medical condition.
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. The applicant contends that he had a pre-existing medical condition which prevented him from passing his FA administered on 9 Jan 14 and therefore, requests removal. However, in this case, the applicant's DD Form 149 was signed after 21 Oct 13 (signed on 31 Dec 13) and the appeal has not been considered by the Fitness Assessment Appeals Board (FAAB). Therefore, DPSIM further recommends the applicant submit his appeal for consideration by the FAAB in accordance with AFI 36-2905, Figure 10.1.
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 26 Sep 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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, this Board is the highest administrative level of appeal within the Air Force. While we note the applicant indicates he pursued removal through his chain of command and his Wing Commander, he has not yet pursued relief from the FAAB. 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, until such time as all available administrative avenues are exhausted, the board must deny consideration of the requested relief.
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.
The following members of the Board considered AFBCMR Docket Number BC-2014-00709 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jan 14, w/atchs.
Exhibit B. DD Form 149, dated 24 Mar 14, w/atchs.
Exhibit C. Letter, AFPC/DPSIM, dated 26 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 26 Sep 14.
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