RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02650 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His Fitness Assessment (FA), dated 17 Dec 13, be declared void and removed from the Air Force Fitness Management System (AFFMS). 2. The Referral Enlisted Performance Report (EPR) rendered for the period of 20 Dec 12 through 19 Dec 13 be declared void and removed from his official military personnel records. APPLICANT CONTENDS THAT: During his FA he experienced a great amount of chest pain and difficulty breathing. The administrator noticed his discomfort and asked if he had experienced an injury during the test. He told him about the chest pain and difficulty breathing and was directed not to sign the bottom portion of the AF Form 4446, Air Force Fitness Assessment Scorecard, and to go to the hospital. He made an appointment and his Primary Care Manager (PCM) concluded that he had a pulmonary issue that adversely impacted his ability to perform. A few months after his FA, his pulmonary specialist is almost certain he has asthma. The tests and doctor visits are still ongoing. Based on this documented medical condition, he does not believe he should have received either a failed FA or a referral EPR. In support of his request, the applicant provided a copy of his AF Form 108 and a memorandum from his PCM validating his medical issue. 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 Senior Airman. On 17 Dec 13, the applicant failed his FA. On 20 Dec 13, the applicant received a referral EPR. He provided rebuttal comments and claimed excessive chest pain and unfamiliarity with the testing procedures as the reasons for his FA failure. On 27 Dec 13, the Additional Rater carefully considered the applicant’s rebuttal comments and concurred with the rater’s assessment. The applicant’s last five FA results are as follows: 18 Aug 14 Satisfactory 26 Feb 14 Excellent * 17 Dec 13 Unsatisfactory 03 Jun 13 Satisfactory 20 Dec 12 Excellent * Annotates contested FA. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial as the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of this military record. According to the applicant, he had a medical condition that precluded him from passing his FA. In accordance with AFI 36- 2905, Fitness Program, dated 21 Oct 13, any military member can appeal his/her FA via the 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’s DD Form 149 was signed after 21 Oct 13 (signed 31 Dec 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 IAW current Air Force guidance. A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. AFPC/DPSID recommends denial as the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of this military record. They do not believe the applicant has provided sufficient documentation or evidence to prove his assertions that the contested evaluation was rendered unfairly or unjustly. Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record. It is determined that the report was accomplished in direct accordance with all applicable AF policies and procedures. They contend that once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record. The burden of proof is on the applicant and in this case he has not substantiated his case. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 Aug 15 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 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 offices of primary responsibility have 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-2014-02650 in Executive Session on 15 Sep 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02650 was considered: Exhibit A. DD Form 149, dated 10 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIM, dated 5 Sep 14. Exhibit D. Memorandum, AFPC/DPSID, dated 10 Aug 15 Exhibit E. Letter, SAF/MRBR, dated 20 Aug 15.