RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01296
INDEX CODE:  108.00
	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 October 2008

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APPLICANT REQUESTS THAT: 

His reenlistment eligibility (RE) code “3E” (second-term or career airman who refused to get retainability for training or retraining or declined to attend PME), be removed from his records.  
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APPLICANT CONTENDS THAT:

He was approved for early separation on 12 September 2006.  He later requested to withdraw his request for early separation due to financial hardship which was approved on 10 April 2007.  He did not complete a retraining package because he was slated to separate on 1 August 2007; therefore, he never declined training.  

The applicant provides no evidence to support his appeal.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

According to the military personnel data system, the applicant is currently serving on active duty in the grade of staff sergeant (E-5) with a date of rank of 1 July 2004.  He has a Total Active Federal Military Service Date of 6 October 1999 and a projected date of separation of 22 October 2009. 

The remaining relevant facts pertaining to this case are presented in the Air Force Evaluation.  

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AIR FORCE EVALUATION:

ARPC/DPPAE recommends the applicant’s request be denied.  DPPAE states the Non-commissioned Officer Retraining Program (NCORP) is a multi-purpose, two phase program designed to rebalance the enlisted force by moving NCOs from career fields with overages to those skills experiencing shortages; and to provide NCOs with a voice in their career development. The Air Staff targeted 130 staff sergeants in the applicant’s Air Force Specialty Code (AFSC) for retraining-out under the NCORP and the applicant was 76 of 228 staff sergeants identified as vulnerable for involuntary retraining.  On 30 August 2006, the applicant submitted an initial retraining application under Phase I.  On 6 September 2006, the Air Force Contact Center (AFCC) informed him of his eligibility for the requested AFSC(s).  However, on 8 August 2006, the applicant requested miscellaneous discharge which was subsequently approved on 12 September 2006.  On 2 February 2007, the applicant’s request for retraining was closed due to inactivity.  On 15 February 2007, the applicant contacted the AFCC inquiring about his withdrawal .  He wanted separation versus retraining, but when his Selective Reenlistment Bonus (SRB) recoupment was more than he wanted to pay, he changed his mind.  On 13 March 2007, the applicant requested his discharge be withdrawn citing the recoupment amount as the primary reason.  His request was approved on 10 April 2007.  

It is DPPAE’s opinion that the applicant attempted to manipulate the system, but his failure to submit a completed retraining application by the 28 February 2007 deadline was because he voluntarily withdrew his approved separation; however, he remained vulnerable as stated in the NCORP implementation message.  The applicant was fully aware of the NCORP and his requirements as demonstrated by his initial application.  In addition, he was aware that he remained vulnerable and the ramifications of not complying with the NCORP requirements.  The applicant’s actions resulted in another NCO further down the list being involuntarily selected for retraining because someone took his place.  

DPPAE states the applicant failed to comply with NCORP requirements and, as such, the RE code of 3E is correct.  The applicant has failed to prove an error or injustice exists.  To permit removal of his RE code seriously undermines the program and most of all, is unjust to those that complied.  The applicant is one of approximately three hundred NCOs that failed to take responsibility as members of the profession of arms and moreover, as noncommissioned officers in the Air Force.  

The DPPAE evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 July 2007, for review and comment within 30 days (Exhibit C).  As of this date, this office has received no response.

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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 an error or an 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 its 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 to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 21 August 2007, under the provisions of AFI 36‑2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence for AFBCMR Docket Number 
BC-2007-01296 was considered:

	Exhibit A.  DD Form 149, dated 23 Apr 07.
	Exhibit B.  Letter, ARPC/DPPAE, dated 18 May 07, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 3 Jul 07.

						XXXXXXXXXX
									Panel Chair