RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-05251 COUNSEL:	NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His Fitness Assessment (FA), dated 15 Oct 14, be removed from the Air Force Fitness Management System (AFFMS).

APPLICANT CONTENDS THAT:
In September 2014 he was put on a no run/no walk profile due to a meniscus ligament tear in his knee that occurred during a mandated program within his unit. This medical issue has had multiple effects. Promotion line number was lost to the rank of Master Sergeant (E-7). In addition, the ability to retest for promotion was lost due to High Year Tenure (HYT) of twenty years. He was not informed of the failure until 17 Dec 14. His Enlisted Performance Report (EPR) closeout date was 30 Nov 14. Therefore with a fitness failure, he received a referral EPR.

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

STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of master sergeant (E-7).

According to AF Form 910 Enlisted Performance Report for the period of 2 May 13 through 30 Nov 14 the applicant earned an overall rating of “5”.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E.

AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice.	In Accordance With	(IAW)	AFI 36-

2905, Fitness Program, dated 21 Oct 13, any military  member can appeal his/her Fitness Assessment (FA) via Wing Appeal 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 (signed on 17 Dec 14) and the appeal has not been considered by his Wing commander, nor has it been reviewed by the Fitness Assessment Appeals Board (FAAB); therefore, the applicant's request has not been submitted in accordance with current Air Force guidance.

The applicant contends that he had a medical condition that prevented him from achieving a passing score on his FA administered on 15 Oct 14.  According to the applicant, he had a documented medical condition that precluded him from achieving a passing score on his FA. The applicant stated he has been on a no run/no walk profile due to a meniscus ligament tear in his left knee. The applicant tested on only the sit-up, push-up, and abdominal circumference component. The applicant failed the FA due to the waist measurement. Since the applicant was exempt from the cardio component he was not considered for the BMI or BFA testing. The applicant did not provide an AF Form 469, Duty Limiting Condition Report, for his exemptions; however, he did provide his medical record for his most recent medical visit dated 06 Oct 14. The applicant did not provide any documentation from the medical authority to discuss the abdominal circumference problems the applicant was experiencing.

A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
AFPC/DPSID has no recommendation. The applicant's Enlisted Performance Report (EPR), with a closeout date of 30 Nov 14 is not reflecting as a referral EPR and was never made a matter of record; therefore there is no action required by this office.

A complete copy of the AFPC/DPSID evaluation is at Exhibit D.
AFPC/DPSOE has no recommendation. Upon review of the applicant’s request, it is determined no action is required by this office. Since the applicant never received a referral EPR with a close out date of 30 Nov 14, his line number for promotion to master sergeant for cycle 14E7 was never removed. The applicant was therefore promoted to master sergeant with a date of rank (DOR) of 1 Mar 15.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 15 Sep 15 for review and comment within 30 days (Exhibit F). 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.

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	all	available	avenues	of	
administrative	relief	have	not	been	exhausted;	and	the	
application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.

The following members of the Board considered AFBCMR Docket Number BC-2014-05251 in Executive Session on 15 Dec 15 under the provisions of AFI 36-2603:

Panel Chair Member Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 17 Dec 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSIM, dated 5 Feb 15. Exhibit D.	Memorandum, AFPC/DPSID, dated 11 Sep 15. Exhibit E.	Memorandum, AFPC/DPSOE, dated 14 Sep 15. Exhibit F.	Letter, SAF/MRBR, dated 15 Sep 15.