RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03744
INDEX CODE: 108.00
XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 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 changed to allow him to continue his career in the Air
Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was misinformed when he was selected for retraining in 2007 under Phase
II of the Noncommissioned Officer Retraining Program (NCORP) when
leadership advised him that he did not need to complete section two of the
retraining application since he was on a 3-year controlled tour with the
Tactical Response Team (TRT). However, this information was incorrect and
his RE code was subsequently changed to “3E” and he was not allowed to
reenlist or change duty stations.
In support of his appeal, the applicant provides a letter of support.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the military personnel data system, the applicant is currently
serving on active duty in the grade of staff sergeant (E-5) with a date of
rank of 1 October 2005. He has a Total Active Federal Military Service
Date of 8 September 1999 and a projected date of separation of 19 June
2008.
The remaining relevant facts pertaining to this case are presented in the
Air Force Evaluation at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSOA recommends the applicant’s request be denied. DPSOA states the
NCORP is a multi-purpose, two phase program designed to rebalance the
enlisted force by moving noncommissioned officers (NCOs) from career fields
with overages to those skills experiencing shortages; and to provide NCOs
with a voice in their career development. The applicant failed to submit
his retraining application in accordance with program guidance; therefore,
the “3E” RE Code is correct. Even though he was aware of his vulnerability
for not submitting an application as outlined in the announcement message,
he accepted the advice of a junior enlisted airman and opted not to apply.
According to the documentation submitted on behalf of the applicant, he was
informed to “fill out the package but not follow-up with EPRs or other
required documents;” however, there is no evidence he ever initiated a
retraining application. Contrary to the assertions in the cited memorandum
of support, the Air Force did not offer the applicant cross-training into
the Military Working Dog (MWD) Air Force Specialty Code (AFSC) after he
failed to submit the completed application by required deadline of 28
February 2007. In fact, the MWD AFSC was one of only two AFSCs he was
eligible to select retraining into during Phase I, or be involuntarily
retrained under Phase II. Additionally, the applicant contends he is on an
assignment code which restricts him from a Permanent Change of Station
(PCS) for three years from his hire date. As shown on the military
personnel data system (MilPDS) report on individual personnel (RIP)
supplied by this office, there is no such code placed on him by the Air
Force. Although his unit or major command may prevent him from
volunteering for any duty for a period of three years, this local
requirement does not take precedence over an Air Force directive to balance
its enlisted force. The applicant’s attempt to move into the technical
school instructor position was a viable option only during Phase I as
stated in the announcement message. Upon the implementation of Phase II,
Air Force needs decided the career paths for NCOs that failed to volunteer
and take an active role in their careers. Volunteer actions are not
considered during Phase II.
It is DPSOA’s opinion that there is no evidence of error or injustice in
this case.
The DPSOA evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He is not saying that his RE code of “3E” is incorrect or that there was
any error on the part of the Air Force; however, he was never properly
informed about the retraining situation, he was given inaccurate
information about his assignment and its conditions, he was never properly
advised or counseled on his role in the application process, and he was
given poor advice from a superintendent on the appropriate actions to be
taken. Therefore, he should not be punished for these miscommunications.
_________________________________________________________________
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 injustice. In this respect, the applicant was selected for
retraining under the involuntary stage of the NCORP. Individuals
identified under this stage were required to submit a completed retraining
application and associated documentation in order to process the
retraining. Having been selected for the involuntary phase of retraining,
the applicant contends he and his supervisor relied on guidance from
appropriate personnel in the Commander’s Support Staff (CSS), regarding his
requirement to submit a retraining package. Although the NCORP Phase II
message clearly indicates what documents were required in the retraining
package, we believe that the applicant was misinformed by the CSS, and in
good faith, believed he had completed all actions required on his part.
After reviewing the evidence of record, most notably his years of honorable
service in the Air Force, and his desire to continue his career, we believe
in the interest of justice his records should be corrected to the extent
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 on 28 February 2007, his
reenlistment eligibility (RE) code was 1M.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 15 May 2008, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Gregory A. Parker, Member
Ms. Terri G. Spoutz, Member
The following documentary evidence for AFBCMR Docket Number BC-2007-03744
was considered:
Exhibit A. DD Form 149, dated 1 Nov 07, w/atch.
Exhibit B. Letter, AFPC/DPSOA, dated 3 Dec 07, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 18 Jan 08.
Exhibit D. Applicant’s Rebuttal, not dated.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2007-03744
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 XXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 28 February
2007, his reenlistment eligibility (RE) code was 1M.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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