RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01769
                                             INDEX CODE:  100.06
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  4 December 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

The Reenlistment Eligibility (RE) code “3E” (Second-term  or  career  airman
who refused to get retainability for training or retraining or  declined  to
attend PME) be removed from his record and he be available to retrain.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was  misinformed.   On  8  January  2007,  he  submitted  a  request  for
retraining as directed.  During a commander’s call, it was briefed  to  have
the request submitted and wait for a position to be filled.  On  31  January
2007, he received an e-mail that the documents needed  to  be  completed  to
finalize the application.  He was never informed as to  the  suspense  date,
and two senior NCOs advised him on 30 March 2007 that if he had  not  turned
in the completed application by 28 February 2007, he would  be  out  of  the
service by 1 August 2007.   Everything  he  did  was  done  because  he  was
following orders.  Everything he didn’t do was because  he  wasn’t  directed
to do so.

In support of his appeal, he  has  furnished  copies  of  four  pages  of  a
“discussion thread” between himself and AFPC.

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

________________________________________________________________

STATEMENT OF FACTS:

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 26 July 2006, HQ AFPC announced implementation  of  the  FY07 NCORP,  and
identified over 3,000  NCOs,  by  order  of  vulnerability,  susceptible  to
retraining.  In the announcement message, they  asked  NCOs  to  voluntarily
apply for retraining into an  Air  Force  Specialty  Code  (AFSC)  of  their
choice during Phase I (voluntary) of the program that ran from 26 July  2006
– 18 September 2006.  If voluntary targets were not met in any  AFSC,  Phase
II (involuntary)  would  be  implemented,  and  Phase  II  was  subsequently
implemented and ran from 3 January 2007 – 31 May 2007.  All vulnerable  NCOs
identified as vulnerable in Phase I were given  until  15  January  2007  to
submit an initial request, followed by a suspense of  28  February  2007  to
submit a completed application.   Selection  of  vulnerable  NCOs  was  made
across all eligible year groups,  mirroring  assignment  eligibility  (i.e.,
sorted by date of rank; those with  the  least  time  in  grade  (TIG)  will
appear at the top of the list).  The Air Staff  targeted  180 SSgts  in  the
applicant’s AFSC for retraining into the 3P0C1A,  Military  Working  Dog  or
3P0X1B, Combat Arms, AFSCs only, and the applicant was  number  218  on  the
list of vulnerables.

The applicant submitted  an  initial  retraining  application  on  8 January
2007.  He signed and dated the FY07 Phase II NCORP Memorandum on  11 January
2007, and this memorandum stated the  28 February  2007  suspense  date  for
submission of completed applications.  On 31 January  2007,  the  Air  Force
Contact Center (AFCC) advised him that he met the  qualifications  for  both
AFSCs, and to submit his  completed  application  along  with  all  required
documents.  He did not make any further  contact  with  the  AFCC  until  30
March 2007, was subsequently coded with an RE code of  “3E”,  and  currently
has a projected date of separation of 12 December 2007.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  recommends  denial.   The  applicant  failed  to  complete   his
retraining application under Phase II of  the  NCORP,  even  though  he  was
fully aware of the program requirements.  He has failed to  prove  an  error
or injustice exists, and there is no  alternative  solution  available.   To
permit removal of this RE code seriously undermines the  program  and,  most
of all, is unjust to those that complied and were selected  for  involuntary
retraining because of his inaction.  He is one  of  approximately  300  NCOs
that failed to take responsibility as a member of  the  profession  of  arms
and  as  an  NCO  in  the  USAF.   His  own  inaction  placed  him  in  this
predicament; therefore, the RE code of 3E is correct.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 13  July
2007, for review and comment, within 30 days.  However, as of this date,  no
response has been received by this office.

________________________________________________________________

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 an 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.
Evidence has been presented  that  the  applicant  failed  to  complete  his
retraining application under Phase II of the NCORP  even  though  he  signed
the FY07 Phase II NCORP Memorandum on 11 January 2007 which  clearly  stated
the 28 February 2007 suspense date.  Additionally,  the  Air  Force  Contact
Center (AFCC) contacted him on 31 January 2007, and advised  him  to  submit
his completed application along with all  required  documents;  however,  he
did not initiate  any  further  contact  with  them  until  30  March  2007.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01769
in Executive Session on 6 November 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Teri G. Spoutz, Member
                       Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 May 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 27 Jun 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair