RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01822
		INDEX CODE:  100.06
	
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  29 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 declined to attend PME,” be removed from his records.

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APPLICANT CONTENDS THAT:

He attempted to comply with the requirements throughout the Noncommissioned Officer Retraining Program (NCORP) process, but was at a disadvantage due to miscommunication and confusion about the entire process.  There were several instances of missing and erroneous communications that mislead him and put him at a disadvantage through out the whole process.

In support of his request, applicant provided his personal statement with a list of the miscommunication events, his leave request for 15-19 Jan 07, and e-mails from AFPC regarding his retraining package.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of SSgt.  His Air Force Specialty Code (AFSC) is 3C251, Communications-Computer Systems Control.

The following facts were extracted from the Air Force Evaluation.

On 26 Jul 06, HQ AFPC announced implementation of the FY 07 Noncommissioned Officer Retraining Program (NCORP), 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.  They identified over 3,000 NCOs, by order of vulnerability, susceptible to retraining.  In the announcement message, AFPC asked NCOs to voluntarily apply for retraining into an AFSC of their choice during Phase I (voluntary) of the program that ran 26 Jul 06 – 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 - 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 (i.e., sorted by date of rank; those with the least Time in Grade (TIG) will appear at the top of the list).  Air Staff targeted 130 SSgts in this applicant’s AFSC for retraining-out and the applicant was number 161 on the list of vulnerables.

The applicant submitted an initial retraining application on    25 Jan 07 and on 30 Jan 07, the Air Force Contact Center (AFCC) advised the applicant he did not meet the qualification for retraining or there were no available quotas in the requested AFSCs.  The applicant states he was not aware that he did not submit his application earlier; however, as shown on his discussion threads he received a response from the system approximately one minute after saving the application; nor does this or the five days of leave have any direct impact on the applicant’s failure to submit the completed application by 28 Feb 07.  On 22 Feb 07, applicant resubmitted a retraining application and requested retraining into five other AFSCs.  At 0522 hours on 28 Feb 07, the AFCC advised the applicant that he met the qualifications for most of the requested AFSCs, that he would receive a separate email with all the required documents and that his next step was to submit his application with the requested AFSCs.  At 0532 on 28 Feb 07, the applicant received the additional requirements listing.  

On 1 Mar 07, the AFCC advised the applicant that he had not met the requirements under Phase II.  The applicant had failed to submit his AF Form 422 with the application.  The applicant was provided a second chance to submit the AF Form 411 by 14 Mar 07, but failed to do so.  Finally, the applicant was fully aware of the requirements by his acknowledgement of the FY07 Phase II NCORP Memorandum in which he signed on 25 Jan 07.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed the application and recommends denial.  Looking at the discussion threads, it is clear that there was no communication problem or confusion between the applicant and the AFCC.  The applicant failed to complete the required actions as outlined under the discussion threads.  And there is no error or injustice noted by anyone that caused the applicant to miss a deadline—other than by the applicant.  The applicant failed to complete his retraining application under Phase II of the program, although fully aware of the program requirements and even after he was provided a second opportunity to submit the missing document.  The applicant’s own inaction placed him in the predicament and therefore, the RE code of 3E is correct.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 Jul 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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 injustice.  After through review of the available evidence of record and the applicant’s submission, we are not persuaded that relief is warranted.  In this regard, the Board notes that the applicant failed to complete all requirements of the Noncommissioned Officer Retraining Program after he had acknowledged and voluntarily signed the retraining program memorandum.  Therefore, 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.  In view of the above and absent persuasive 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 issue 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 Docket Number    BC-2007-01822 in Executive Session on 29 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01822 was considered:

    Exhibit A.  DD Form 149, dated 3 Jun 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 2 Jul 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.