RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05366

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His 17 Jul 15 Fitness Assessment (FA) be removed from the Air Force Fitness Management System (AFFMS).

APPLICANT CONTENDS THAT:

He had a medical condition that prevented him from achieving a passing score on his 17 Jul 15 FA.  He met with his Primary Care Manager (PCM) to receive a modification to his waiver but there was a time lapse in receiving the waiver due to his PCM being on leave.  However, everything was accomplished to include his commander supporting removing the failed FA from his records.

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

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the Regular Air Force in the grade of Technical Sergeant (TSgt, E-6).

In an email dated 14 Mar 16, the AFBCMR Staff afforded the applicant an opportunity to request that his case be administratively closed to pursue the administrative avenues described in the Air Force evaluation below prior to submitting his application to the AFBCMR (Exhibit C).

AFPC/DP2SSM’s internal guidance states that “Ordinarily, members must file an application within two (2) years after the error or injustice was discovered, or, with due diligence, should have been discovered.  An application filed after the two years time limitation is considered untimely and may be denied by the AF Fitness Assessment Appeals Board (FAAB) on that basis.  At the discretion of the FAAB, the time involved in the appeal to the wing commander or equivalent may be excluded from time limits.”

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 D.    

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records.  

IAW AFI 36-2905, Air Force Fitness Program, dated 21 Oct 13, any military member can appeal his/her FA via Wing Appeal and subsequently through the FAAB, within two years of discovering an error/injustice.  

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 Aug 16 for review and comment within 30 days (Exhibit E).  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.  While we note the Air Force OPR has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued; we also note that, due to no fault of his own, the two years limitation for the applicant to appeal to the FAAB expired while his case was undergoing the AFBCMR adjudication process.  Nonetheless, we point out that the applicant was put on notice of his available administrative remedy prior to the two years expiration date by the AFBCMR Staff and he failed to pursue this avenue.  Nonetheless, since it is at the discretion of the FAAB to waive the two years time limit, we highly recommend the applicant pursue a waiver of the time limit through the FAAB.  Notwithstanding, 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-2015-05366 in Executive Session on 11 Apr 17 under the provisions of AFI 36-2603:

				    , Panel Chair
					 , Member
					, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05366 was considered:

	Exhibit A.  DD Form 149, dated 15 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Email, AFBCMR, dated 14 Mar 16.
	Exhibit D.  Memorandum, AFPC/DP2SSM, dated 6 Jul 16.
	Exhibit E.  Letter, AFBCMR, dated 22 Aug 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.