RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00226
		INDEX CODE:  100.05

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be returned to his Primary Air Force Specialty Code (AFSC) of Security Forces Specialist (3PO51).

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APPLICANT CONTENDS THAT:

He was miscounseled regarding his training options.  As a result, he was approved for retraining into Personnel (3S0X1), an AFSC he did not request.

In support of his appeal, the applicant provided expanded statements, Date Eligible to Return from Overseas (DEROS) Notification documents, Report on Individual Person (RIP) documents, and his retraining application.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of staff sergeant as the Noncommissioned Officer In Charge (NCOIC) of Formal Training. His Duty AFSC is 3S051.  His Total Active Federal Military Service Date (TAFMSD) is 13 Jul 94.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Enlisted Retraining Section, AFPC/DPPAE, reviewed this application and recommended denial.  DPPAE noted that on 9 Nov 98, the applicant’s retraining application was forwarded to HQ AFPC/DPPAET for consideration under the Career Airman Reenlistment Reservation System (CAREERS).  Based on his DEROS, the applicant was not eligible to apply for retraining until the Jan - Aug 99 time frame.  The applicant's retraining application was cancelled and reloaded in the system utilizing a Fiscal Year 2000 quota and scheduled for a course that coincided with his DEROS.  Upon notification of approved retraining, the applicant stated he wanted to decline retraining but was informed by the MPF that he must accept retraining or separate.  His only preference for retraining AFSCs was Personnel (3SOX1).  The applicant was approved for retraining in 3SOX1 per his request and scheduled to attend formal training starting 8 Jun 00.

According to DPPAE, first-term airmen, specifically 4-year enlistees stationed overseas, are authorized to apply for retraining under the CAREERS between their 35th month through their 43rd month of service and between their 15th and 9th month prior to DEROS.  First-term airmen are authorized declination of approved retraining without forced separation.  Upon notification of approved retraining, applicants have 10 calendar days to accept or decline retraining.  On 17 Dec 98, the applicant was briefed on his retraining options as indicated on the Retraining Approval Report on Individual Person (RIP) which he acknowledged by his signature.

As stated, the applicant acknowledged with his signature his option to decline retraining.  The RIP the applicant signed is a tool used by Military Personnel Flights (MPFs) to counsel members and document records for historical purposes.  All applicants approved for retraining must document the same RIP by indicating their understanding of their options and desire to accept or decline retraining.  The applicant signed the document after being briefed of his options.  Therefore, the applicant was not miscounseled.  Furthermore, retraining history files indicated he applied for 3SOX1 as his only choice.

A complete copy of the DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response and additional documentary evidence which are attached at Exhibit E.

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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 probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence that the applicant was treated differently than others similarly situated or in support of his assertion that he was miscounseled, we find no compelling 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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 3 May 01, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 12 Mar 01.

    Exhibit D.  Letter, SAF/MIBR, dated 23 Mar 01.
    Exhibit E.  Letter, applicant, undated, w/atchs.

                                   
                                   Panel Chair