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AF | BCMR | CY2007 | BC-2007-02166
Original file (BC-2007-02166.doc) Auto-classification: Approved

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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