RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03055

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  8 APR 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code of 3E (Second-term or  career  airman
who refused to get retainability for training or retraining or  declined  to
attend PME) be removed to allow his reenlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received the 3E code because of  a  late  submission  of  his  retraining
package.  He submitted all applicable paperwork on 19 May  06  to  the  base
retraining office, but due to a personnel shortage, it was not submitted  to
the Air Force Personnel Center (AFPC) until 30 May 06.

In support of his appeal, the applicant provided an expanded  statement  and
documentation pertaining his involuntary retraining.

Applicant’s complete submission, with attachments, 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, having been promoted to that grade on 1 Dec 02.  His Total  Active
Federal Military Service Date (TAFMSD)  is  17  Sep  97,  and  his  date  of
separation (DOS) is 12 Nov 06.

The remaining relevant facts pertaining to this  application  are  contained
in the letters prepared by the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  recommends  denial  noting  that  the  Noncommissioned   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. On 21 Jul 05,  the  Air  Staff  announced
implementation of the Fiscal Year 2006 (FY06) NCORP and Phase I  (voluntary)
which ran from  1  Aug  05  to  14  Oct  05.   Phase  II  (involuntary)  was
implemented on 30 Nov 05 in those Air Force Special Codes (AFSCs)  that  did
not meet the voluntary  retraining-out  targets.   Selection  of  vulnerable
NCOs  was  made  across  all  eligible  year  groups,  mirroring  assignment
eligibility.  According to AFPC/DPPAE, the applicant was number  35  of  195
Aerospace  Ground  Equipment  personnel  targeted   for   retraining.    The
applicant’s AFSC did not meet  the  voluntary  retraining-out  targets,  and
involuntary retraining was implemented on 30 Nov 05.  The applicant did  not
volunteer to retrain under Phase I and twice  failed  to  submit  retraining
documentation as required under  Phase II.   Therefore,  he  was  coded  for
automatic separation in accordance with established procedures.

AFPC/DPPAE indicated that under Phase II, all vulnerable NCOs were  given  a
16 Dec 05 suspense to submit  necessary  documentation  to  determine  their
qualification/suitability for involuntary retraining.  The applicant  failed
to submit his documentation and on  18  Apr  06,  HQ  AFPC  implemented  new
declination guidance for the FY06  NCORP.   Under  this  new  guidance,  all
vulnerable NCOs identified under the program who failed to meet the  initial
16 Dec  05  suspense  were  again  notified   that   if   they   failed   to
complete/submit their requirements by 15 May  06,  it  would  be  determined
that they have declined retraining and would be separated on  their  current
DOS.  In addition, HQ  AFPC  provided  the  FY06  Phase  II  NCO  Retraining
Program Memorandum to all those NCOs that failed  to  meet  the  16  Dec  05
suspense.  The memorandum restated the Air Force position;  established  the
15 May 06 suspense and is the basis for the  applicant’s  current  RE  code.
The applicant was fully aware of this requirement and the suspense as  shown
by his acknowledgement of the memorandum on 21 Apr 06.  Also on 21  Apr  06,
the applicant requested a deferment from retraining and  they  notified  his
major command (MAJCOM) that the request  was  denied.    However,  he  could
submit/apply for enrollment in the Exceptional Family Member Program  (EFMP)
during the assignment process, if selected for involuntary  retraining.   To
this date there is no EFMP request on file, nor has the applicant  submitted
a completed retraining application.

According to AFPC/DPPAE, the  applicant  failed  to  voluntarily  apply  for
retraining under Phase I of the NCORP.  Although fully aware of the  mandate
to submit his documentation for involuntary retraining, he failed to  do  so
on two separate occasions, and has  not  submitted  a  completed  retraining
application.  Despite the applicant’s assertion,  base  officials  delay  in
processing the application was not the reason for his RE code and  mandatory
separation.  On 19 May 06, AFPC updated RE codes on those NCOs  that  failed
to meet the deadline and at no time was the applicant granted a  delay  past
the 15 May 06 suspense to submit an application.

A complete copy of  the  AFPC/DPPAE  evaluation,  with  attachments,  is  at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion  and  furnished  a  response,  which
included a chronological account of events regarding his situation.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES 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,  we  note  the  applicant
was selected for involuntary retraining under  the  Noncommissioned  Officer
Retraining  Program  (NCORP)  and   was   required   to   submit   necessary
documentation to determine  his  qualification/suitability  for  involuntary
retraining to AFPC by 15  May  2006,  or  be  determined  to  have  declined
retraining and face mandatory separation.  Although AFPC/DPPAE  states  that
at no time was the applicant granted a delay past the 15 May 2006  suspense,
documentation  from  the  NCOIC,  Retraining,   and   the   NCOIC,   Command
Training/Enlisted Professional Military  Education  Manager,  indicates  the
applicant was granted hardship consideration which  was  denied  on  17  May
2006, and that AFPC extended the 15 May 2006  suspense  until  19 May  2006.
Although the applicant  turned  in  his  NCORP  paperwork  to  his  Military
Personnel  Flight  (MPF)   on   19   May   2006,   the   retraining   office
representatives were either on leave  or  TDY  and  the  paperwork  was  not
forwarded to AFPC.  As such, through no fault of his  own,  the  applicant’s
NCORP paperwork was not received by AFPC until after 19 May 2006.   We  also
note that AFPC has extended his 12 October 2006  date  of  separation  (DOS)
for the good of the Air Force to allow consideration  of  this  application.
In support of the appeal, the MPF Commander provides a statement  requesting
favorable consideration of the appeal due to no fault of the  applicant  and
accepts fully responsibility for the late submission  of  the  package.   In
view of this, and since the applicant did insure his package  was  given  to
the MPF on 19 May 2006, we believe the  interest  of  justice  can  best  be
served by correcting his records to reflect a  four  (4)  year  constructive
reenlistment.  This will provide him  an  opportunity  to  apply  under  the
Exceptional Family Member Program during the assignment  process  given  his
spouse’s medical condition.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a.    He was honorably discharged on 9 November 2006,  and  reenlisted
in the Regular Air Force for a period of  four  (4)  years  on  10  November
2006.

      b.    He was  involuntarily  retrained  into  the  Vehicle  Operations
(2T1X1) Air Force Specialty Code via on-the-job-training (OJT).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
03055 in Executive Session on 26 October 2006, under the provisions  of  AFI
36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Mary C. Puckett, Member
            Mr. Todd L. Schafer, Member

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

     Exhibit A.  DD Form 149, dated 4 Oct 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 5 Oct 06, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 6 Oct 06.
     Exhibit E.  Letter, Applicant, dated 10 Oct 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair



AFBCMR BC-2006-03055




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 XXXXXXX, XXXXXXX, be corrected to show that he was honorably
discharged on 9 November 2006, he was honorably discharged and on 10
November 2006, reenlisted in the Regular Air Force for a period of four (4)
years, and involuntarily retrained into the Vehicle Operations (2T1X1) Air
Force Specialty Code via on-the-job-training (OJT)






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency