RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01520
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code of 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 applied for retraining on 16 Jan 07, 26 Jan 07, and 16 Feb 07.  He received a message by electronic mail (e-mail) from the Air Force Personnel Center (AFPC) stating he was eligible for two Air Force Specialty Codes (AFSCs).  He did not receive this e-mail until 1 Mar 07.  He called AFPC to inquire of his status and received different responses concerning his retraining application.  He did not decline anything and there was nothing in his personnel information file (PIF) stating he declined to retrain.  He has documentation, as well as a witness, that will show he went through every avenue he could to get his retraining package in on time, and his failure to do so was no fault of his own.

In support of his appeal, the applicant provided supportive statements and documentation pertaining to his retraining.

Applicant’s complete submission, with attachments, 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, having been promoted to that grade on 1 Oct 05.  His Total Active Federal Military Service Date (TAFMSD) is 8 Mar 00.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial noting the Noncommissioned 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.  On 26 Jul 06, AFPC announced implementation of the Fiscal Year 2007 (FY07) NCORP and identified over 3000 NCOs, by order of vulnerability, susceptible to retraining.  In the announcement message, the NCOs were asked to voluntarily apply for retraining into an AFSC of their choice during Phase I (voluntary) of the program that ran from 26 Jul 06  to 18 Sep 06.  If voluntary targets were not met in any AFSC, Phase II (involuntary) would be implemented.  Phase II was implemented and ran from 3 Jan 07 to 31 May 07.  All vulnerable NCOs identified as vulnerable in Phase I were given until 15 Jan 07 to submit an initial request, followed by a suspense of 28 Feb 07 to submit a completed application.  Selection of vulnerable NCOs was made across all eligible year groups, mirroring assignment eligibility.  Twenty (20) staff sergeants (SSgt) in the applicant's AFSC were targeted for retraining and the applicant was number 25 of 207 individuals identified as vulnerable for involuntary retraining.  As stated in the announcement message, those individuals identified as vulnerable were informed that once identified for retraining in Phase I, they would continue to be vulnerable in Phase II unless retrained, released or separated.  The applicant submitted an initial retraining application on 16 Jan 07, and on 26 Jan 07, he requested that it be closed.  There was no application submitted by the applicant on 26 Jan 07, but the applicant did resubmit his initial retraining application on 26 Feb 07.  

AFPC/DPPAE indicated that on 1 Mar 07, the Air Force Contact Center (AFCC) informed the applicant of his eligibility for the requested AFSCs.  By then, he had already missed the deadline, even though AFCC did not tell him.  The applicant did not submit a completed application as required by 28 Feb 07.  He signed and dated the FY07 Phase II NCO Retraining Program Memorandum on 9 Jan 07.  This memorandum clearly stated that if he did not complete the requirements and submit a completed package for retraining not later than (NLT) 28 Feb 07, AFPC would update the RE code as "3E" and he would be subject to the administrative action.  He chose to wait until two (2) days prior to the program closure to initiate an application, with full knowledge that he was to have a completed application submitted by 28 Feb 07.  His decision to wait until the last moment to resubmit his initial application was to his detriment.

Even if they look at the circumstance in a light most favorable to the applicant and view the 1 Mar 07 response from AFCC as an error, it was not the error that caused the applicant to miss a deadline.  The applicant failed to complete his retraining application under Phases I and II of the program, although fully aware of the program requirements.  He was fully aware of the NCORP and his requirement as demonstrated by the initial application and the FY07 Phase II NCORP Memorandum he signed.  To permit removal of the RE code would seriously undermine the program and most of all, would be unjust to those that complied and were selected for involuntary retraining.  This applicant is one of approximately three hundred NCOs that failed to take responsibility as members of the profession of arms and moreover, as NCOs in the USAF.  The applicant’s own inaction placed him in the predicament and therefore, the RE code of 3E is correct.

A complete copy of the AFPC/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, with attachments, was forwarded to applicant on 3 Jul 07 for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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 error or injustice.  The applicant’s complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find his assertions and his supporting documentation sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  After a thorough review of the facts and circumstances, we are persuaded that after being identified as vulnerable for involuntary retraining, the applicant was fully aware he had to submit a completed application for retraining by the requisite date or be subject to appropriate administrative action.  No evidence has been presented which convinces us that his failure to do so was the result of circumstances beyond his control.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we agree with the recommendation of the OPR and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, 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 AFBCMR Docket Number BC-2007-01520 in Executive Session on 6 Nov 07, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 May 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAE, dated 8 Jun 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Jul 07.