RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03423
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His 12 Jun 14 fitness assessment be invalidated and removed from
the Air Force Fitness Management System (AFFMS).
APPLICANT CONTENDS THAT:
He was unable to adequately train for the assessment due to
debilitating migraines. He provides copies of a medical
exemption letter from his Primary Care Physician and a letter
from his commander stating the assessment should be invalidated
due to the medical diagnosis.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is a Staff Sergeant (SSgt) currently serving on
Active Duty.
On 12 Jun 14, the applicant received an unsatisfactory rating on
his fitness assessment.
On 21 Jul 14, the 2d AMDS/SGPP provided a Medical Exemption
memorandum stating the applicant was unable to pass the aerobic
component of his fitness assessment on 12 Jun 14 due to being
unable to train adequately secondary to headaches.
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 indicating the applicant has not
exhausted all available avenues of administrative relief prior
to seeking correction of his military records. In Accordance
With (IAW) AFI 36-2905, Fitness Program, dated 12 Oct 13, any
military member can appeal his/her FA via Wing Appeal and
subsequently through the AF Fitness Assessment Appeals Board
(FAAB), within two years of discovering an error/injustice. In
this case, the applicants DD Form 149 was signed after 21 Oct
13 (signed on 31 Dec 13) and the appeal has not been considered
by his Wing commander, nor has it been reviewed by the FAAB;
therefore the applicants request has not been submitted IAW
current Air Force guidance.
The complete 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 10 Oct 14 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 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 addressed. 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03423 was considered:
Exhibit A. DD Form 149, dated 18 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIM, dated 5 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.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 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 03694.docx
According to the documentation submitted by the applicant, on 16 May 14, the applicant received an AF Form 469, exempting him from the 1.5 mile run, 2km walk, and push-up component until 9 Jul 14. 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...
AF | BCMR | CY2014 | BC 2014 02030
In accordance with AFI 36-2905, Fitness Program, when an Airman receives four Unsatisfactory FA scores within a 24-month period and a medical records review by a military health care provider has ruled out medical conditions precluding the Airman from achieving a passing score, the Unit Commander must make a discharge or retention recommendation to the separation authority. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force...
AF | BCMR | CY2013 | BC 2013 05484
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicants request for void/removal of FA dated 30 Jun 10. A complete copy of the AFPC/DPSIM evaluation is at Exhibit B. Exhibit C. Letter, SAF/MRBR, dated 20 Feb 14.
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 00736
APPLICANT CONTENDS THAT: He had a medical condition with his knee, which prevented him from passing the cardio component of the contested FA. 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...
AF | BCMR | CY2014 | BC 2014 01091
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. 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...
AF | BCMR | CY2014 | BC 2014 03935
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 indicating the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. ...
AF | BCMR | CY2013 | BC 2013 05060
The medical condition has been validated through a medical evaluation dated 18 Oct 13. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Feb 14 for review and comment within 30 days. In this respect, we note this Board is the highest administrative level of appeal within the Air Force.