RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05160

   						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His fitness assessment (FA), dated 29 Apr 15, be declared void and removed from the Air Force Fitness Management System (AFFMS) II.

APPLICANT CONTENDS THAT:

The unsatisfactory score he received on the 20 Apr 15 FA was the result of his fitness monitor not accurately counting all of his sit ups.  He performed over 40 sit ups, but the monitor only counted 37.  He told the Fitness Manager he did not agree with the results, retook the FA five days later, and passed.  He has never had a problem with fitness or the FA. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Aug 00.

According to the documentation submitted by the applicant, on 29 Apr 15, he failed his annual FA due to completing only 37 sit ups.  On that date, he documented disagreement with the count of 37 sit ups, contending he performed over 40 sit ups.  The Fitness Manager who counted the sit ups, noted that he did not count some of the applicant’s sit ups because of “improper form.”  

On 30 Mar 16, the applicant applied for reenlistment for an additional four years and two months.  

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/DP2SSM recommends denial due to the applicant failing to exhaust all of his available avenues of administrative remedies.  In accordance with AFI 36-2905, Fitness Program, 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 signed his DD Form 149 on 02 Sept 15, and an appeal has not been considered by his Wing commander, nor reviewed by the FAAB.  Therefore, the applicant failed to exhaust all available avenues of administrative relief prior to applying to the AFBCMR.   

A complete copy of the AFPC/DP2SSM 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 15 Jun 16 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 application was timely filed.

2.  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-2015-05160 in Executive Session on 21 Feb 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05160 was considered:

	Exhibit A.  DD Form 149, dated 1 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 22 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.