RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00787
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The Fitness Assessments (FA) dated 10 Jun 13 and 25 Sep 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).
APPLICANT CONTENDS THAT:
She had a pre-existing medical condition, asthma, which prevented her from obtaining a passing score on the contested FAs. She has since seen a lung specialist who confirmed her diagnosis and has started treatment. After her asthma was treated she obtained a passing score of 81.44 and believes that had she been treated prior to the contested FAs she would have passed.
In support of her appeal, the applicant submits an AF Form 108, Physical Fitness Education Intervention Processing, signed by her medical provider and commander, which indicates that she had a medical condition that precluded her from passing the
25 Sep 13 FA. Additionally, she provides medical documentation that validates her condition and shows that she was prescribed inhalers for asthma on 14 Nov 13.
The applicants complete submission, with attachments, is at Exhibit A.
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).
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. The applicant contends that she had a medical condition which prevented her from passing her FAs administered on 10 Jun 13 and 25 Sep 13 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 her Wing Commander, nor has it been reviewed by the FAAB; thus, the applicant's request has not been submitted in accordance with current Air Force guidance.
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 22 Sep 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 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, 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 basis to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified that she has not exhausted all available avenues of administrative relief prior to submitting her 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-2014-00787 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:
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The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Dec 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 18 Mar 14.
Exhibit C. Letter, SAF/MRBR, dated 22 Sep 14.
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