RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01997
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Fitness Assessments (FA), dated 8 Jan 14 and 29 Apr 14, be declared void and removed from the Air Force Fitness Management System (AFFMS).
APPLICANT CONTENDS THAT:
He had a medical condition, patellofemoral syndrome, which caused ongoing knee pain and prevented him from obtaining a passing score on the contested FAs. He is scheduled to have arthroscopic lateral release surgery on 14 May 14 to correct his condition.
In support of his appeal the applicant submits medical documentation, to include an AF Forms 469 and 422 which validate his medical condition, and a letter from his medical provider indicating that a medical condition prohibited him from successfully completing the 30 Apr 14 FA.
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 2013, 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 he had an ongoing medical condition which prevented him from passing his FAs administered on 8 Jan 14 and 29 Apr 14 and therefore, requests removal. However, in this case, the applicant's DD Form 149 was signed after 21 Oct 13 (signed on 1 Dec 13) and the appeal has not been considered by his Wing Commander, nor has it been reviewed by the FAAB; thus, the applicant's request has not been submitted per 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 4 Aug 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 and once a final decision has been rendered the applicant will no longer be able to avail himself of the existing subordinate levels of administrative review. 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. The applicant should therefore be advised that the Board is returning this portion of his application without action. Furthermore, the Board cannot grant reconsideration on this portion of his request unless and until he has exhausted all other avenues of relief. 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 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-2014-01997 in Executive Session on 17 Dec 14, under the provisions of AFI 36-2603:
XXXXXXXXX, Panel Chair
XXXXXXXXX, Member
XXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 May 14, w/atch.
Exhibit B. Letter, AFPC/DPSIM, dated 20 May 14.
Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
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