RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02166
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 JAN 09
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code of “3E” (second-term or career
airman who refuse to get retainability for training or retraining or
decline to attend Professional Military Education (PME)) be changed to
a code which would allow her to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She submitted her application for retraining past the established
deadline due to no fault of her own. She was waiting on the base
clinic to finish her record review.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the
grade of staff sergeant.
Applicant was identified in Phase II of the Fiscal Year 2007 (FY07)
Noncommissioned Officer Retraining Program (NCORP) for involuntary
retraining to the 3P0X1B career field. On 10 Jan 07, she initiated a
retraining application. On 23 Jan 07, The Air Force Contact Center
(AFCC) advised the applicant she met the qualifications for the AFSC
and informed her of the additional requirements and to submit the
application. The applicant received notification of additional
qualifications requirement from the AFCC with a suspense date of 14
Mar 07.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force (Exhibit B).
_________________________________________________________________
AIR STAFF EVALUATION:
HQ AFPC/DPSOA recommends the requested relief be denied. DPSOA states
the NCORP is a multipurpose, 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 Jul 06, HQ Air Force Personnel
Center (AFPC) announced implementation of the FY07 NCORP and
identified over 3000 NCOs, by order of vulnerability susceptible to
retraining. The NCOs were asked to voluntarily apply for retraining
into an Air Force Specialty Code (AFSC) of their choice during Phase I
(voluntary) (26 Jul 06 – 18 Sep 06). The announcement further stated
that if voluntary targets were not met in any AFSC, Phase II
(involuntary) would be implemented. Phase II was implemented from 3
Jan 07 – 31 Mar 07. All NCOs identified as vulnerable were given
until 15 Jan 07 to submit their initial request, followed by a
suspense of 28 Feb 07 to submit a completed application. The
applicant was on a list identified as vulnerable for involuntary
retraining into AFSC 3P0X1A, Military Working Dog or 3P0X1B, Combat
Arms only.
The applicant has failed to prove that her reason for failure to meet
the 28 Feb and 14 Mar 07 suspense was due to the medical facility.
The applicant failed to submit her application in accordance with the
program guidance. The applicant failed to take reasonable steps to
notify the contact center of any pertinent issues that would have
affected her ability to meet the suspense.
The AFPC/DPSOA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
The applicant states she is deployed in Afghanistan and is unable to
get a copy of her AF Form 422. She will return to the states in
November 2007 and will obtain a copy of the AF Form 422 (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 an error or injustice. The office of primary
responsibility finds it unreasonable that the medical facility would
take 60 days to complete the review and the AF Form 22. However, in
our opinion the applicant’s inability to complete the required actions
prior to the established suspense may very well have been the result
of unexplained delays at the clinic, which of course were beyond her
control. Unfortunately, because of her untimely deployment she is now
unable to provide supportive documentation. Taking all the facts of
this case in balance, we believe she has established reasonable doubt
and it is our opinion that doubt should be resolved in her favor.
Accordingly, we recommend her records 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 effective 14 March
2007, her reenlistment eligibility (RE) code was 1M.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2007-02166 in Executive Session on 6 Nov 07, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Gregory A. Parker, Member
Ms. Teri G. Spoutz, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jun 07.
Exhibit B. Letter, HQ AFPC/DPSOA, dated 7 Sep 07.
Exhibit C. Letter, SAF/MRBR, dated 14 Sep 07.
Exhibit D. Letter, Applicant, dated 24 Sep 07 and
8 Nov 07 w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2007-02166
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 XXXXX be corrected to show that effective 14 March
2007, her reenlistment eligibility (RE) code was 1M.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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