Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 03620
Original file (BC 2014 03620.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-03620

 						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED



APPLICANT REQUESTS THAT:

His 19 May 14 Fitness Assessment (FA) be removed from the Air 
Force Fitness Management System (AFFMS).  


APPLICANT CONTENDS THAT:

He had an asthmatic reaction while completing the FA which caused 
a run time of 14:13.

His primary care manager states he exacerbated a medical condition 
during the FA.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is on active duty in the Regular Air Force in the 
grade of Technical Sergeant (TSgt, E-6).  

In a letter dated 23 Dec 14, SAF/MRBR afforded the applicant an 
opportunity to request that his case be administratively closed to 
pursue the administrative avenues described in the Air Force 
evaluation below prior to submitting his application to the 
AFBCMR.


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  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, Air Force Fitness Program, 
dated 21 Oct 13, any military member can appeal his/her FA via an 
appeal to their wing commander and subsequently through the Air 
Force Fitness Assessment Appeals Board (FAAB) within two years of 
discovering an error/injustice.  In this case, the applicant’s DD 
Form 149 was signed after 21 Oct 13 and the appeal has not been 
considered by his wing commander, nor has it been reviewed by the 
FAAB; therefore, the applicant’s request has not been submitted 
IAW current Air Force guidance.  

A complete copy of the 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 23 Dec 14 for review and comment within 30 days (Exhibit C).  
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 an 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.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered.

 

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-2014-03620 in Executive Session on 14 Apr 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 19 Aug 14, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 7 Nov 14.
	Exhibit C.  Letter, SAF/MRBR, dated 23 Dec 14.

 

Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 05761

    Original file (BC 2013 05761 .txt) Auto-classification: Denied

    In Accordance With (IAW) AFI 36-2905, Fitness Program, dated 21 Oct 13, any military member can appeal their FA through a wing-level appeals board and then through the AFPC Fitness Assessment Appeals Board (FAAB) within two years of discovering the error/injustice. The applicant did not file an appeal through the Evaluation Report Appeals Board (ERAB) under the provisions of AFI 36-2406, Officer and Enlisted Evaluation Systems. Exhibit D. Letter, SAF/MRBR, dated 17 Oct 14.

  • AF | BCMR | CY2014 | BC 2014 03423

    Original file (BC 2014 03423.txt) Auto-classification: Denied

    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 00059

    Original file (BC 2013 00059.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00059 XXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 5 Dec 12 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ STATEMENT OF FACTS: IAW AFI 36-2905, dated 21 Oct...

  • AF | BCMR | CY2014 | BC 2014 00126

    Original file (BC 2014 00126.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Feb 14 for redirection (Exhibit C). 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 adjudication at this level, as there exists a subordinate level of appeal that...

  • AF | BCMR | CY2013 | BC 2013 00236

    Original file (BC 2013 00236.txt) Auto-classification: Denied

    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. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 14 Mar 14 for review and comment within 30 days. In view of this and since this avenue of administrative relief was available at the time the...

  • AF | BCMR | CY2014 | BC 2014 04187

    Original file (BC 2014 04187.txt) Auto-classification: Denied

    In a letter dated 13 Jan 15, SAF/MRBR afforded the applicant an opportunity to request that his case be administratively closed to pursue the administrative avenues described in the Air Force evaluation below prior to submitting his application to the AFBCMR. The applicant failed to provide an invalidation memorandum from his Unit Commander and he has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. Exhibit D. Letter,...

  • AF | BCMR | CY2014 | BC 2014 03671

    Original file (BC 2014 03671.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03671 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her 16 Mar 11 and 14 Jul 11 Fitness Assessments (FAs) be removed from the Air Force Fitness Management System (AFFMS). The applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. Exhibit B.

  • AF | BCMR | CY2014 | BC 2014 00709

    Original file (BC 2014 00709.txt) Auto-classification: Denied

    AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request for the removal of the contested FA due to the applicant not exhausting all administrative remedies. In this respect, this Board is the highest administrative level of appeal within the Air Force. Exhibit B. DD Form 149, dated 24 Mar 14, w/atchs.

  • AF | BCMR | CY2013 | BC 2013 00368

    Original file (BC 2013 00368.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00368 XXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA), dated 27 Dec 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ STATEMENT OF FACTS: IAW AFI 36-2905, dated 21...

  • AF | BCMR | CY2013 | BC 2013 05484

    Original file (BC 2013 05484.txt) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s 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.