RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03694
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Fitness Assessment (FA) dated 16 May 14, be declared void
and removed from the Air Force Fitness Management System
(AFFMS).
APPLICANT CONTENDS THAT:
He had a medical condition, a shoulder injury, at the time he
took the FA in question and his AF Form 469, Duty Limiting
Condition Report, was not updated to reflect that he was exempt
from the two kilometer walk. He was exempt from the 1.5 mile
run and the push-up component. He did not realize initially
that the walk involved so much excessive arm swing and further
injured his shoulder during the walk portion of the FA. After
this FA, he went back to the doctor had is AF Form 469 updated,
which now reflects that he is now fully exempt from the cardio
component (both 1.5 mile run and two kilometer walk) and the
push-up component, effective 16 May 14 and expiring on 9 Jul 14.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of
Senior Airman (SrA) during the matter under review.
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 all available avenues of
administrative relief. While the applicant provided an
invalidation memorandum signed by his unit commander, there is
no date on the memorandum to show that the memorandum was signed
within the five duty days. IAW AFI 36-2905, paragraph
3.4.2.1.1. "For RegAF and AGR Airmen, the FAC (or UFPM where no
FAC exists) will enter the FA results in AFFMS on the 6th duty
day if the Commander does not invalidate test results or no
response from the Commander is received within this timeframe."
IAW AFI 36-2905, dated 21 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 applicant's
DD Form 149 was signed after 21 Oct 13 (signed on 25 Aug 14) 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 AFPC/DPSIM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluations was forwarded to the
applicant on 17 Nov 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 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
The following members of the Board considered AFBCMR Docket
Number BC-2014-03694 in Executive Session on 14 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03694 was considered:
Exhibit A. DD Form 149, dated 25 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIM, dated 14 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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