RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03365

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Fitness Assessment (FA) dated 13 Apr 15 be removed from the Air Force Fitness Management System (AFFMS).

APPLICANT CONTENDS THAT:

He had medical a condition that prevented him from achieving a passing score on the contested FA.  Failure of his PT test was justified by an unknown hernia that caused pain and restricted his capability of completing the sit-up portion of the PT test.  He finished the rest of the PT test, then made an appointment at the medical clinic and was seen the next day.  Using an ultrasound the doctor discovered there was an inguinal hernia.  He was referred to a surgeon for consultation.  The surgeon confirmed he needed surgery to repair the hernia and that it was the reason he had failed the sit-up portion of the PT test.  

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 Staff Sergeant (SSgt, E-5).

On 13 Apr 15, the applicant participated in a FA, attaining an overall composite score of 73.2, which constituted an “unsatisfactory” assessment.  He was credited with the following composite scores:  Cardio – 12:56/44.90 points, Abdominal Circumference – 34.5/20.00 points, Push-ups – 49/8.30 points, Sit-ups – 35/0.00 points.

The applicant’s Fitness Screening Questionnaire did not reflect that he had any medical concerns that needed to be evaluated.

The applicant’s AF Form 4446, Air Force Fitness Assessment Scorecard, did not reflect he had a medical illness or injury.

On 15 Apr 15, an AF Form 469, Duty Limiting Condition Report, was initiated exempting the applicant from completing sit-ups through 15 May 15.

On 11 May 15, the applicant underwent a Computerized Tomography scan and was diagnosed with a left inguinal hernia containing fat which extends into the left scrotum.

On 12 May 15, the applicant’s medical provider prohibited the applicant from heavy lifting or strenuous activity until further notice.  It was further noted that the applicant would undergo surgery in June 15.

On 8 Jul 15, AF Form 469, was initiated exempting the applicant from completing all components of physical training except the abdominal circumference until 6 Sep 15.

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 B.    

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.  

According to AFI 36-2905, Fitness Program, dated 21 Oct 13, any service member can appeal their FA via Wing Appeal and subsequently through the AF Fitness Assessment Appeals Board (FAAB), within two years of discovering an error or injustice.  In this case, the applicant’s 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 applicant’s request has not been submitted in accordance with current Air Force guidance.

They recommend denial of the request as the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records.  

They contacted the applicant on 17 Feb 16, informing him about the fitness appeals processes and recommended he submit an appeal to his Wing/CC.

A complete copy of the AFPC/DP2SSM 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 14 Mar 16, 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 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 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-2015-03365 in Executive Session on 23 Jun 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03365 was considered:

	Exhibit A.  DD Form 149, dated 26 Jul 15, w/atchs.
	Exhibit B.  Memorandum, AFPC/DP2SSM, dated 17 Feb 16.
	Exhibit C.  Letter, SAF/MRBR, dated 14 Mar 16.