RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01504
INDEX CODE:  108.00
	XXXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  14 November 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 given conflicting information with regard to the Noncommissioned Officer Retraining Program (NCORP).  The Air Force only targeted 20 staff sergeants in his Air Force Specialty Code (AFSC) for retraining-out.  He was number 30 of 30 staff sergeants identified as vulnerable for involuntary retraining.  On 16 February 2007, he asked the Air Force Contact Center (AFCC) what would happen if he did not complete his application before the deadline.  Their response was “this will open you up to the possibility of being retrained into a career field not of your choosing.”  Instead of being retrained into a career field not of his own choosing, he was assigned an RE code of “3E,” denying his possibility to reenlist and not scoring his promotion test for the grade of technical sergeant (E-6).  

In support of his application, the applicant provides NCORP notification and electronic transmissions, along with a copy of his leave form for 22-23 February 2007.  

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

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of staff sergeant (E-5) with a date of rank of 1 June 2005.  According to the military personnel data system, he has a total active federal military service date of 10 October 2001 and a projected date of separation of 6 October 2009. 

On 12 January 2007, the applicant signed a statement acknowledging he had been notified and counseled that he must retrain under the Fiscal Year 2006 NCORP.  As part of his acknowledgment of understanding and acceptance, he signed the statement:  “I understand that if I do not complete the requirements and submit a completed package for retraining NLT 28 Feb 07, AFPC will update reenlistment eligibility code “3E” and I will be subject to the administrative actions listed above.”  The referenced administrative actions on the statement included:

	a. Member will separate on DOS/ETS and will be ineligible for promotion/extension for the remainder of the enlistment.  Furthermore, identify reenlistment eligibility (RE) code “3E” may preclude the member from enlisting in another branch of military and may also under other future force shaping initiatives.

	b. Member will be ineligible for WAPS testing during the upcoming promotion cycle.  If the member is determined to have declined retraining and has tested for promotion, the promotion test will not be scored.  

	c. If the member elects to separate, member still remains eligible for any PCS, TDY, or training for which the member has sufficient retainability.  If member is selected for Phase II retraining and has the necessary retainability, the member cannot decline retraining IAW AFI 36-2626, Table 3.4, and rule 2.  
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AIR FORCE EVALUATION:

ARPC/DPPAE recommends the applicant’s request be denied.  DPPAE states the applicant failed to comply with NCORP requirements and as such, his RE code of “3E” is correct.  The applicant was aware of the requirements and did submit an initial application under Phase II, but failed to complete the requirements to submit a completed application.  

DPPAE states the 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 applicant submitted an initial retraining package on 17 January 2007 and on 5 February 2007.  The AFCC informed the applicant that there were no quotas in his requested AFSCs and to resubmit.  On 23 February 2007, the applicant again submitted AFSCs for retraining.  Upon receipt, the AFCC advised the applicant of his eligibility for the requested AFSC of 3E711, Fire Protection Helper, and to submit the required documents not later than 28 February 2007.  On 24 April 2007, after not receiving the applicant’s completed package, his application was closed due to inactivity.

DPPAE states the applicant has failed to prove an error or injustice exists or any evidence of conflicting information.  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.  As announced in the messages and the memorandum he signed on 12 January 2007, failure to meet the deadline would be considered declined retraining.  The applicant failed to complete his retraining application under Phase II of the program, although fully aware of the program requirements.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He has maintained an impeccable record and continually distinguished himself by being a loyal and dedicated follower of all lawful orders from his superiors, while applying himself to the highest standards of the Air Force.  His record speaks for itself.  The justice he is seeking is to be given the opportunity to either stay in his present career field, or be retrained into any career field the Air Force deems necessary.  His goal is to remain a member of the Air Force, and serve the best interests of the Air Force.  

The applicant’s rebuttal, with attachments, is at Exhibit D.

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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.

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 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 9 August 2007, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 
BC-2007-01504 was considered:

	Exhibit A.  DD Form 149, dated 8 May 2007, w/atchs.
	Exhibit B.  Letter, AFPC/DPPAE, dated 16 May 07, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 20 Jun 07.
	Exhibit D.  Applicant’s Rebuttal, dated 7 Jul 07, w/atchs.