RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01520
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

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 from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He applied for retraining on 16 Jan 07, 26 Jan 07, and 16 Feb 07.   He
received a message by electronic mail  (e-mail)  from  the  Air  Force
Personnel Center (AFPC) stating he was  eligible  for  two  Air  Force
Specialty Codes (AFSCs).  He did not receive this e-mail until  1  Mar
07.  He called AFPC to inquire of his status  and  received  different
responses concerning his retraining application.  He did  not  decline
anything and there was nothing in his personnel information file (PIF)
stating he declined to retrain.  He has documentation, as  well  as  a
witness, that will show he went through every avenue he could  to  get
his retraining package in on time, and his failure to  do  so  was  no
fault of his own.

In support of his appeal, the applicant provided supportive statements
and documentation pertaining to his 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 Oct  05.   His
Total Active Federal Military Service Date (TAFMSD) is 8 Mar 00.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  recommends  denial  noting  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 Jul  06,
AFPC announced implementation of the Fiscal Year 2007 (FY07) NCORP and
identified over 3000 NCOs, by order of vulnerability,  susceptible  to
retraining.  In the announcement  message,  the  NCOs  were  asked  to
voluntarily apply for retraining into an AFSC of their  choice  during
Phase I (voluntary) of the program that ran from 26 Jul 06  to 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 to  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.   Twenty  (20)
staff sergeants (SSgt) in  the  applicant's  AFSC  were  targeted  for
retraining  and  the  applicant  was  number  25  of  207  individuals
identified as vulnerable for involuntary retraining.  As stated in the
announcement message, those individuals identified as vulnerable  were
informed that once identified for retraining in Phase  I,  they  would
continue to be vulnerable in Phase II unless  retrained,  released  or
separated.  The applicant submitted an initial retraining  application
on 16 Jan 07, and on 26 Jan 07, he requested that it be closed.  There
was no application submitted by the applicant on 26 Jan  07,  but  the
applicant did resubmit his initial retraining application  on  26  Feb
07.

AFPC/DPPAE indicated that on 1 Mar 07, the Air  Force  Contact  Center
(AFCC) informed the applicant of his  eligibility  for  the  requested
AFSCs.  By then, he had already missed the deadline, even though  AFCC
did  not  tell  him.   The  applicant  did  not  submit  a   completed
application as required by 28 Feb 07.  He signed and  dated  the  FY07
Phase  II  NCO  Retraining  Program  Memorandum  on  9 Jan  07.   This
memorandum clearly stated that if he did not complete the requirements
and submit a completed package for retraining not later than (NLT)  28
Feb 07, AFPC would update the RE code as "3E" and he would be  subject
to the administrative action.  He chose to wait  until  two  (2)  days
prior to the program closure to initiate  an  application,  with  full
knowledge that he was to have a completed application submitted by  28
Feb 07.  His decision to wait until the last moment  to  resubmit  his
initial application was to his detriment.

Even if they look at the circumstance in a light most favorable to the
applicant and view the 1 Mar 07 response from AFCC as an error, it was
not the error that caused the  applicant  to  miss  a  deadline.   The
applicant failed to complete his retraining application under Phases I
and  II  of  the  program,  although  fully  aware  of   the   program
requirements.  He was fully aware of the NCORP and his requirement  as
demonstrated by the initial application and the FY07  Phase  II  NCORP
Memorandum he  signed.   To  permit  removal  of  the  RE  code  would
seriously undermine the program and most of all, would  be  unjust  to
those that complied and  were  selected  for  involuntary  retraining.
This applicant is one of approximately three hundred NCOs that  failed
to take responsibility as  members  of  the  profession  of  arms  and
moreover, as NCOs in the USAF.  The applicant’s  own  inaction  placed
him in the predicament and therefore, the RE code of 3E is correct.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachments, was forwarded to
applicant on 3 Jul 07 for review and response within 30 days.   As  of
this date, no response has been received by this office (Exhibit C).

_________________________________________________________________

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  error  or  injustice.   The  applicant’s  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find  his  assertions  and  his  supporting
documentation  sufficiently  persuasive  to  override  the   rationale
provided by the Air Force  office  of  primary  responsibility  (OPR).
After a thorough  review  of  the  facts  and  circumstances,  we  are
persuaded that after being identified as  vulnerable  for  involuntary
retraining, the applicant was fully aware he had to submit a completed
application for retraining by the requisite  date  or  be  subject  to
appropriate administrative action.  No  evidence  has  been  presented
which convinces us that his  failure  to  do  so  was  the  result  of
circumstances beyond his control.  In view of the  foregoing,  and  in
the absence of sufficient evidence to the contrary, we agree with  the
recommendation of the OPR and adopt its rationale as the basis for our
decision that the applicant  has  failed  to  sustain  his  burden  of
establishing  he  has  suffered  either  an  error  or  an  injustice.
Accordingly, 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 AFBCMR Docket Number BC-
2007-01520 in Executive Session on 6 Nov 07, 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 3 May 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAE, dated 8 Jun 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Jul 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair