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Decision Text

AF | BCMR | CY2014 | BC 2014 03935
Original file (BC 2014 03935.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03935

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Fitness Assessment (FA) dated 14 Feb 13 be removed from his 
record in the Air Force Fitness Management System (AFFMS).


APPLICANT CONTENDS THAT:

He had a heart procedure done shortly before doing the FA, so he 
should not have had to test at that time.  His Medical Provider 
documented that his Primary Care Manager (PCM)/Specialist had 
not cleared him to return to exercise and the exemptions for his 
previous FA, in effect 9 Nov 12, should have remained active 
until 1 Feb 13.       

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


STATEMENT OF FACTS:

The applicant is currently serving as a Technical Sergeant 
(TSgt/E-6).

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 21 
Oct 13, any military member can appeal his/her FA via Wing 
Appear and subsequently through the AF Fitness Assessment 
Appeals Board (FAAB), within two years of discovering an 
error/injustice (in this case the date of discovery was 21 Aug 
14).  In this case, the applicant’s DD Form 149 was signed after 
21 Oct 13 (signed on 17 Sep 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.    

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 13 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 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 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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03935 was considered:

	Exhibit A.  DD Form 149, dated 17 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 21 Oct 14.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Nov 14.
						




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