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AF | BCMR | CY2001 | 0100226
Original file (0100226.doc) Auto-classification: Denied


                       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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