RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02090
INDEX CODE:  108.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 January 2009

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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 the wrong information from the Military Personnel Flight (MPF) Contact Center.  He was told that he wouldn’t be forced to retrain since he was so high on the Non-Commissioned Officer (NCO) Vulnerability List.  This information kept him from completing his retraining package.  

In support of his appeal, the applicant provides copies of the NCO Vulnerability List; electronic communications between the applicant and the MPF Contact Center, and his last eight Enlisted Performance Reports (EPRs).  

The applicant’s complete submission, with attachments, 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 December 2002.  He has a Total Active Federal Military Service Date of 7 January 1999 and a projected date of separation of 25 May 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 applicant submitted an initial retraining application on 10 January 2007 under Phase I.  On 30 January 2007, the Air Force Contact Center (AFCC) advised him that there were no quotas available in his requested Air Force Specialty Codes (AFSCs) and to resubmit the application.  The applicant resubmitted, but again there were no quotas available in the AFSCs requested or he did not meet the qualification (stated on 1 February 2007, he did not have normal color vision).  On 7 February 2007, after the applicant submitted his third application, the AFCC advised him he met qualifications for one of his AFSC choices.  On 8 February 2007, the applicant contacted the AFCC and informed them that he did not wish to pursue retraining into his requested AFSC of 3S211.  The applicant made several other contacts after the 28 February 2007 deadline, stating he misunderstood what he needed to do and with questions about when he submitted the initial application.  

DPPAE states the applicant failed to complete his retraining application under Phase II of the program, although he was fully aware of the program requirements.  He voluntarily pulled his request for retraining into the 3S211 AFSC on 7 February 2007 and did not resubmit any further request.  The applicant states he was told not to submit an application, but has failed to provide any evidence, by competent authority, to support his position.  His position on the Vulnerability List as it related to his submitting the required documentation is irrelevant.  The applicant signed and dated the Fiscal Year 2007 Phase II NCORP Memorandum on 9 January 2007, which stated his responsibilities and the results if he failed to comply as directed.  The memorandum clearly mandated his participation.  He 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 31 August 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 6 November 2007, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 
BC-2007-02090 was considered:

	Exhibit A.  DD Form 149, dated 9 Jun 07, with atchs.
	Exhibit B.  Letter, ARPC/DPPAE, dated 23 Jul May 07, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 31 Aug 07.