RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01930
		INDEX CODE:  110.02
 		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Dec 22, 2008

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APPLICANT REQUESTS THAT:

His reenlistment (RE) code of 3E (second term or career airman who refuse to get retainability for training or retraining or decline to attend professional military education) be removed.

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APPLICANT CONTENDS THAT:

The initial auto-response from the Air Force Personnel Center (AFPC) was sent to an old e-mail address on 9 Jan 07.

He has been stationed at Mt. Home since May 06.

The initial information that he received did not state what made up a “complete package” and he did not receive that information until 31 Jan 07.

The information he received stated to retake the Armed Services Vocational Ability Test (ASVAB) in order to score higher on the general section, but it did not specify what to do if the scores were not sufficient enough for jobs he elected for retraining.

A specialist was not assigned to the base to answer questions about retraining.

There was not enough information provided to him in order to complete a package.

In support of his request, the applicant provided e-mail correspondence, a virtual military personnel flight (vMPF) printout, and a letter of recommendation from his superior.

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

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STATEMENT OF FACTS:

On 9 Jan 07, the applicant submitted an initial retraining application and AFPC acknowledged receipt of the applicant’s request for retraining.  Documentation indicates the response from AFPC was sent to the applicant’s former e-mail address at Yokota.

On 10 Jan 07, the applicant signed a statement indicating he understood that if he did not complete his retraining application no later than 28 Feb 07, AFPC would update his RE code to 3E and he would be subject to administrative actions.

On 31 Jan 07, the applicant was notified by AFPC through e-mail of retraining options and requirements as well as provided contact numbers if there were any questions about his request.  The e-mail was sent to the applicant’s correct address.

On 24 Apr 07, the applicant contacted AFPC and was informed that he had been identified as declining retraining under the Noncommissioned Officer Retraining Program (NCORP) Declination Policy and advised to appeal to the AFBCMR.

Other relevant facts are outlined in the AFPC/DPPAE opinion at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the applicant’s request.  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.  

On 26 Jul 06, AFPC announced implementation of the FY07 NCORP and identified over 3,000 NCOs, by order of vulnerability, susceptible to retraining.  In the announcement message, NCOs were asked to voluntarily apply for retraining into an Air Force Specialty Code (AFSC) of their choice during Phase I (voluntary) of the program that ran 26 Jul 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 complete 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) appeared at the top of the list).  Air Staff targeted 40 SSgts in this applicant’s AFSC for retraining-out and the applicant was number 10 on the list of vulnerables.

The applicant clearly failed to take actions as directed and discussion threads clearly show no error or injustice.  He signed and dated the FY07 Phase II NCORP Memorandum which clearly stated the 28 Feb 07 suspense and the requirement to submit all documents by that date.  The applicant has failed to prove an error or injustice exists and there is no alternative solution available.  To permit removal of this code seriously undermines the program and most of all, is unjust to those that complied and were selected for involuntary retraining because of his inaction.  The applicant is one of approximately 300 NCOs that failed to take responsibility as a member of the profession of arms and moreover as a NCO in the Air Force.  The applicant’s own inaction placed him in the predicament and therefore, the RE Code of 3E is correct. 

The AFPC/DPPAE complete evaluation, with attachments is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Aug 07 for review and comment within 30 days.  As of this date, this office has not received a 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 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 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.
The following members of the Board considered Docket Number BC-2007-01930 in Executive Session on 6 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 13 Jun 07.
    Exhibit B.  AFPC/DPPAE Memorandum, w/atchs, dated 9 Jul 07.
    Exhibit C.  SAF/MRBR Letter, dated 17 Aug 07.