RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00515

			COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

The Fitness Assessments (FAs), dated 11 Jun 12, 4 Sept 12, and 29 May 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

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APPLICANT CONTENDS THAT:

She was diagnosed with Asthma after her third FA failure.  This pre-existing medical condition precluded her from obtaining a satisfactory overall rating for each FA.

In support of her appeal the applicant submits medical documentation validating her condition; an incomplete AF Form 108; and two letters, signed by her medical provider and section commander, indicating that she did in fact have a medical condition and also requesting removal of the contested FAs. 

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

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STATEMENT OF FACTS:

Air Force Instruction (AFI) 36-2905, Fitness Program, dated 21 October 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 an error or injustice.

In accordance with AFI 36-2905, if an Airman becomes injured or ill during the FA and is unable to complete all required components, he or she will have the option of being evaluated at the Medical Treatment Facility (MTF).  However, the test will still count unless rendered invalid by the Unit Commander within five days of the assessment.  If the medical evaluation validates the illness or injury, the Unit Commander may invalidate the test results.  The Airman will then be required to retest within five duty days or when capable based on the recommendations of the medical provider and the Exercise Physiologist (EP).

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request for void/removal of FAs dated 11 Jun 12, 4 Sept 12, and 29 May 13. Specifically, the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of military records. 

A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, was forwarded to the applicant on 4 Apr 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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THE BOARD CONCLUDES THAT:

1.	The applicant has not exhausted all remedies provided by existing law or regulations; however, for the reasons noted below the Board recommends excusing the applicant’s failure to exhaust other administrative remedies.

2.	The application was timely filed.

3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  Although the applicant has failed to exhaust the existing subordinate levels of review prior to seeking relief before this Board, we find a sufficient basis to remove the contested FAs.  We note the applicant submitted medical documentation validating her condition, as well as a letter from her medical provider indicating that her condition affected her performance and recommending that the three contested FAs be invalidated.  Moreover, she provided a “Commander Invalidation Memorandum,” signed by her section commander, who recognizes the medical provider’s evaluation and requests that the FAs be removed from her records.  Since this is sufficient evidence to grant the application, there would be nothing to be gained by insisting that the applicant apply for subordinate review. Therefore, being mindful of administrative economy, we recommend her records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessments, dated dated 11 Jun 12, 4 Sept 12, and 29 May 13 be declared void and removed from the Air Force Fitness Management System.

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The following members of the Board considered AFBCMR Docket Number BC-2014-00515 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 3 Feb 14, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 7 Mar 14 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 14.