RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02477
            INDEX CODE:  112.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 FEB 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect  a  promotion  eligibility  status
(PES) code of eligible for promotion, his promotion  to  the  rank  of
technical sergeant be reinstated and any other actions detrimental  to
his career be reversed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never informed of the requirement to complete an AF  Form  422,
Physical Profile Serial Report and was advised  on  several  occasions
that his training  requirements  were  completed  by  the  appropriate
suspense.

In support of his request, applicant provided a Sworn  Statement  from
the Noncommissioned  Officer  in  Charge  (NCOIC)  Employments,  Email
Traffic Relating  to  Retraining,  Phase  II  NCO  Retraining  Program
Memorandum, Email Traffic from Air Force Contact Center, a copy of a X-
Factor Letter, a Memorandum for Record from Applicant,  Email  traffic
from  NCOIC  Employment  and  three  Letters  of  Support   from   his
Commanders.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the grade of staff sergeant  and  is
stationed at Tyndall AFB, Florida.  He was considered and  tentatively
selected for promotion to the grade of technical sergeant in Air Force
Special Code (AFSC) 2A0X1 during cycle 06E6.  On 16 June 2006,  a  PES
code “C”, which denotes, “a career airman who applies  for  retirement
in lieu of or  declines  to  extend  or  reenlist  to  obtain  service
retainability for a controlled duty assignment,  permanent  change  of
station (PCS), TDY, and retraining; declines retraining as outlined in
AFI 36-2626, Airman Retraining Program;  declines  attendance  to  the
Senior NCO or NCO Academy”  was  updated  to  the  applicant’s  record
rendering him ineligible for promotion.

On 21 July 2005, the Air  Staff  announced  the  FY06  Noncommissioned
Officer Retraining Program (NCORP).  NCORP is  a  multi-purpose,  two-
phased 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.   Phase  I  (voluntary  )  ran  1 August   2005   through
14 October  2005,  and  Phase  II  (involuntary)  was  implemented  on
30 November 2005, in those Air Force Specialty Codes (AFSC)  that  did
not meet voluntary retraining-out targets.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states in part, the applicant was
aware and acknowledged the Air Force’s requirement for retraining  and
failed to comply.  He failed to submit the requirements for retraining
under FY06 NCORP by  the  suspense  established.   The  Phase  II  was
implemented in November 2005 and a final suspense of 15 May  2006  was
established to meet Air Staff retraining-out targets.   He  had  ample
opportunity to obtain the required documentation for competent medical
authorities, but failed to do so until 13 June 2006, as shown  on  the
AF Form 422, until after release of the 06E6 results.  The FY06  NCORP
memorandum clearly stated the applicant had failed to apply or  failed
to submit all administrative requirements for selection of a new  AFSC
by the Air Force.

The DPPAE evaluation, with attachments, is at Exhibit C.

AFPC/DPPPWB recommends  denial.   DPPPWB  states  in  part,  no  error
occurred in the applicant’s consideration  for  promotion.   His  line
number  was  removed  when  he  became  ineligible  for  promotion  in
accordance with promotion policy when a PES code “C”  was  updated  to
his record due to his failure to  submit  administrative  requirements
for involuntary retraining by the established suspense date.

The DPPPWB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He states he did not receive any information on the requirement  of  a
physical profile until after notification from his superior  that  his
line number for technical sergeant had been removed due to declination
of  retraining.   Until  that  time,  he  was   confident   that   all
requirements were met.  He did not receive email traffic  until  after
he was notified to submit a DD Form 149.  A closer look at  the  email
traffic will indicate  his  name  was  never  in  the  address  block.
Therefore, he stands by his statement  of  never  being  notified  via
email to have an AF Form 422 submitted.  He believes  miscommunication
is indeed an error and that is what has occurred  between  AFPC,  ACC,
AETC, and the Tyndall AFB, Military Personnel Flight.  There  were  no
checklist on requirements for retraining  and  the  members  were  not
individually notified via email or from AFPC as they currently are now
through Virtual Military Personnel Flight.

His complete submission, with attachments, is at Exhibit F.

_________________________________________________________________

THE BOARD DETERMINED THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  In this respect, the  applicant  was
selected for  retraining  under  the  involuntary  stage  of  the  NCO
Retraining Program.  Individuals  identified  under  this  stage  were
required  to  complete  a  retraining   application   and   associated
documentation  in  order  to  process  the  retraining.    Under   the
established policy, individuals who failed to complete  the  necessary
paperwork were considered as declining retraining and the  appropriate
administrative actions were taken, amongst which  were  rendering  the
individual ineligible for promotion.   It  appears  that  having  been
selected for the involuntary phase of retraining,  the  applicant  was
notified of the actions required on his part.   However,  all  of  the
necessary paperwork was not completed on time and  action  was  taken,
which removed his promotion selection to  technical  sergeant.   After
reviewing the evidence of record and  the  documentation  provided  in
support of his appeal, we believe  the  administrative  actions  taken
against the applicant were unjust.  Applicant  has  provided  credible
evidence which leads us to believe that he, in good faith, believed he
had completed all actions required on his part  and  that  no  further
action was required.  Documentation provided clearly shows that he was
informed on several occasions that all required  actions  required  of
him had been completed.  The Board notes, AFPC/DPPAE indicates if  the
Board recommended the relief sought  in  this  application,  that  the
applicant could remain on active duty and the promotion  ineligibility
restriction lifted, provided he  retrained  via  OJT  into  the  2T0X1
(Traffic management) or the  2T1X1  (Vehicle  Operations)  AFSC.   The
applicant was contacted and elected to retrain in  the  2T0X1  Traffic
Management AFSC.  Accordingly, it is  our  opinion  that  his  records
should be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

            a. On 16 June 2006, his promotion eligibility status  code
was not changed to reflect code “C”.”

            b. He was promoted to the  grade  of  technical  sergeant,
effective and with a date of rank of 1 October 2006.

           c.  He  was  involuntarily  retrained  into   the   Traffic
Management (2T0X1) Air Force Specialty  Code  via  on-the-job-training
(OJT).

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
02477 in Executive Session on 12 December 2006, under  the  provisions
of AFI 36-2603:

                 Mr. John B. Hennessey, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Teri G. Spoutz, Member

All  members  voted  to  correct  the  record,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Aug 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAE, dated 28 Aug 06.
      Exhibit D. Letter, AFPC/DPPPWB, dated 13 Sep 06.
      Exhibit E. Letter, SAF/MRBR, dated 6 Oct 06.
      Exhibit F. Letter, Applicant, dated 24 Oct 06, w/atchs.




      JOHN B. HENNESSEY
      PANEL CHAIR
AFBCMR BC-2006-02477




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:

            a. On 16 June 2006, his promotion eligibility status code was
not changed to reflect code “C”.

      b. He was promoted to the grade of technical sergeant, effective and
with a date of rank of 1 October 2006.

      c. He was involuntarily retrained into the Traffic Management
(2T0X1) Air Force Specialty Code via on-the-job-training (OJT).








 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency