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 applicants 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 applicants 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 applicants 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 applicants 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.
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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.
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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. ...
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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,...
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