RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01822
            INDEX CODE:  100.06

            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  29 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code 3E “Second-term or career airman  who
refused to get retainability for training or declined  to  attend  PME,”  be
removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He attempted to comply with the requirements throughout the  Noncommissioned
Officer Retraining Program (NCORP) process, but was at  a  disadvantage  due
to miscommunication and confusion about  the  entire  process.   There  were
several instances of missing and erroneous communications that  mislead  him
and put him at a disadvantage through out the whole process.


In support of his request, applicant provided his personal statement with  a
list of the miscommunication events, his leave request  for  15-19  Jan  07,
and e-mails from AFPC regarding his retraining package.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
SSgt.  His  Air  Force  Specialty  Code  (AFSC)  is  3C251,  Communications-
Computer Systems Control.

The following facts were extracted from the Air Force Evaluation.

On 26 Jul 06, HQ AFPC announced implementation of the FY 07  Noncommissioned
Officer Retraining  Program  (NCORP),  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.  They identified over 3,000  NCOs,
by order of vulnerability, susceptible to retraining.  In  the  announcement
message, AFPC asked NCOs to voluntarily apply for retraining  into  an  AFSC
of their choice during Phase I (voluntary) of the program that  ran  26  Jul
06 – 18 Sep 06.  If voluntary targets were not met in  any  AFSC,  Phase  II
(involuntary) would be implemented.  Phase II was implemented and  ran  from
3 Jan 07 - 31 May 07.  All  vulnerable  NCOs  identified  as  vulnerable  in
Phase I were given until 15 Jan 07 to submit an  initial  request,  followed
by a suspense of 28 Feb 07 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).   Air  Staff
targeted 130 SSgts in this  applicant’s  AFSC  for  retraining-out  and  the
applicant was number 161 on the list of vulnerables.

The applicant submitted an initial retraining application on     25  Jan  07
and on 30 Jan 07, the Air Force Contact Center (AFCC) advised the  applicant
he did not meet the qualification for retraining or there were no  available
quotas in the requested AFSCs.  The applicant states he was not  aware  that
he did not  submit  his  application  earlier;  however,  as  shown  on  his
discussion threads he received a response from the system approximately  one
minute after saving the application; nor does  this  or  the  five  days  of
leave have any direct impact  on  the  applicant’s  failure  to  submit  the
completed application by 28 Feb 07.  On 22 Feb 07, applicant  resubmitted  a
retraining application and requested retraining into five other  AFSCs.   At
0522 hours on 28 Feb 07, the AFCC advised the  applicant  that  he  met  the
qualifications for most of the requested AFSCs,  that  he  would  receive  a
separate email with all the required documents and that his  next  step  was
to submit his application with the requested AFSCs.  At 0532 on 28  Feb  07,
the applicant received the additional requirements listing.

On 1 Mar 07, the AFCC  advised  the  applicant  that  he  had  not  met  the
requirements under Phase II.  The applicant had  failed  to  submit  his  AF
Form 422 with the application.  The applicant was provided a  second  chance
to submit the AF Form 411 by 14 Mar 07, but failed to do so.   Finally,  the
applicant was fully aware of the requirements by his acknowledgement of  the
FY07 Phase II NCORP Memorandum in which he signed on 25 Jan 07.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed the application and recommends  denial.   Looking  at
the discussion threads, it is clear that there was no communication  problem
or confusion between the applicant and the AFCC.  The  applicant  failed  to
complete the required actions as  outlined  under  the  discussion  threads.
And there is  no  error  or  injustice  noted  by  anyone  that  caused  the
applicant to miss a deadline—other than by  the  applicant.   The  applicant
failed to  complete  his  retraining  application  under  Phase  II  of  the
program, although fully aware of the program requirements and even after  he
was provided a second opportunity  to  submit  the  missing  document.   The
applicant’s own inaction placed him in the predicament  and  therefore,  the
RE code of 3E is correct.

The DPPAE complete evaluation, with attachments is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 Jul 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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.  After through review of  the  available
evidence of record and the applicant’s  submission,  we  are  not  persuaded
that relief is  warranted.   In  this  regard,  the  Board  notes  that  the
applicant  failed  to  complete  all  requirements  of  the  Noncommissioned
Officer Retraining Program after he had acknowledged and voluntarily  signed
the retraining program memorandum.  Therefore, we  agree  with  the  opinion
and recommendation of the Air Force office  of  primary  responsibility  and
adopt its rationale as the basis for our conclusion that the  applicant  has
not been the victim of an error or injustice.  In  view  of  the  above  and
absent persuasive evidence to the contrary, 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 issue  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 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-
01822 in Executive Session on 29 August 2007, under the  provisions  of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Gregory A. Parker, Member
      Mr. Joseph D. Yount, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01822 was considered:

    Exhibit A.  DD Form 149, dated 3 Jun 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 2 Jul 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.




                                             THOMAS S. MARKIEWICZ
                                             Chair