RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00226
INDEX CODE: 100.05
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be returned to his Primary Air Force Specialty Code (AFSC) of
Security Forces Specialist (3PO51).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled regarding his training options. As a result, he
was approved for retraining into Personnel (3S0X1), an AFSC he did not
request.
In support of his appeal, the applicant provided expanded statements,
Date Eligible to Return from Overseas (DEROS) Notification documents,
Report on Individual Person (RIP) documents, and his retraining
application.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
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 as the Noncommissioned Officer In Charge (NCOIC) of
Formal Training. His Duty AFSC is 3S051. His Total Active Federal
Military Service Date (TAFMSD) is 13 Jul 94.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in this
Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Enlisted Retraining Section, AFPC/DPPAE, reviewed this application
and recommended denial. DPPAE noted that on 9 Nov 98, the applicant’s
retraining application was forwarded to HQ AFPC/DPPAET for
consideration under the Career Airman Reenlistment Reservation System
(CAREERS). Based on his DEROS, the applicant was not eligible to
apply for retraining until the Jan - Aug 99 time frame. The
applicant's retraining application was cancelled and reloaded in the
system utilizing a Fiscal Year 2000 quota and scheduled for a course
that coincided with his DEROS. Upon notification of approved
retraining, the applicant stated he wanted to decline retraining but
was informed by the MPF that he must accept retraining or separate.
His only preference for retraining AFSCs was Personnel (3SOX1). The
applicant was approved for retraining in 3SOX1 per his request and
scheduled to attend formal training starting 8 Jun 00.
According to DPPAE, first-term airmen, specifically 4-year enlistees
stationed overseas, are authorized to apply for retraining under the
CAREERS between their 35th month through their 43rd month of service
and between their 15th and 9th month prior to DEROS. First-term
airmen are authorized declination of approved retraining without
forced separation. Upon notification of approved retraining,
applicants have 10 calendar days to accept or decline retraining. On
17 Dec 98, the applicant was briefed on his retraining options as
indicated on the Retraining Approval Report on Individual Person (RIP)
which he acknowledged by his signature.
As stated, the applicant acknowledged with his signature his option to
decline retraining. The RIP the applicant signed is a tool used by
Military Personnel Flights (MPFs) to counsel members and document
records for historical purposes. All applicants approved for
retraining must document the same RIP by indicating their
understanding of their options and desire to accept or decline
retraining. The applicant signed the document after being briefed of
his options. Therefore, the applicant was not miscounseled.
Furthermore, retraining history files indicated he applied for 3SOX1
as his only choice.
A complete copy of the DPPAE evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response and
additional documentary evidence which are attached at Exhibit E.
_________________________________________________________________
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 probable 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 their 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 that the
applicant was treated differently than others similarly situated or in
support of his assertion that he was miscounseled, 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 3 May 01, under the provisions of AFI 36-2603:
Mr. Henry Romo, Jr., Panel Chair
Mr. William H. Anderson, Member
Mr. John E. B. Smith, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 12 Mar 01.
Exhibit D. Letter, SAF/MIBR, dated 23 Mar 01.
Exhibit E. Letter, applicant, undated, w/atchs.
HENRY ROMO, JR.
Panel Chair
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