RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-03728
								INDEX CODE:  100.00

	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

								HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The AF IMT 964, PCS, TDY, or Training Declination Statement, dated 12 Sep 08, be removed from his records and he be reinstated in the Air Force.

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APPLICANT CONTENDS THAT:

He did not intend to sign the declination statement, but did so due to a personal hardship.  He requested cancellation of the declination statement; however, his request was disapproved by HQ AFPC.  

He wishes to continue serving in the Air Force, but now his Reentry (RE) code of 3E is preventing him from doing so.

In support of the appeal, the applicant submits a copy of his request to appeal the declination statement.

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

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STATEMENT OF FACTS:

The applicant was approved for retraining in the Explosive Ordinance Disposal (EOD) career field in Dec 07, with a class start date of 23 Sep 08.  On 13 Aug 08, his commander approved his request for cancellation of his orders to retrain due to personal changes in his life.  On 2 Sep 08, HQ AFPC/DPSOA notified him that his request to cancel his retraining could not be supported.  On 12 Sep 08, the applicant signed the AF Form 964 declining to get the required retainability for a permanent change of station (PCS) in conjunction with his retraining.  At that time, he indicated by email he understood he would have to separate on 21 Oct 08, his Date of Separation (DOS), and he would receive an RE code of “3E.”

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, stating, in part, that there is no evidence of an error or an injustice.  The applicant was approved for retraining into the Explosive Ordinance career field and declined to obtain retainability once his request to cancel the class was not supported by leadership.  Further, on 12 Sep 08, he stated in an email that he had signed a declination statement and understood he would be separating on his DOS and would receive an RE code of “3E.”

HQ AFPC/DPSOA’s complete evaluation 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 24 Oct 09 for review and comments, within 30 days.  However, 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.  We took notice of the applicant's complete submission in judging the merits of the case.  Based on the available evidence of record, it appears the applicant made his decision after being advised that if he declined obtaining the required retainability, he would be required to separate on his DOS.  The Air Force office of primary responsibility has addressed the issues of the case and we are in agreement with the expressed rationale 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 Docket Number BC-2008-03728 in Executive Session on 11 June 2009, under the provisions of AFI 36‑2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 08, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPSOA, dated 16 Oct 08.
    Exhibit C.  Letter, SAF/MRBR, dated 24 Oct 08.