RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-00122
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was deployed to Iraq and was not given a fair advantage to complete the necessary requirements.

In support of his request, applicant provided copies of his deployment orders.

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

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STATEMENT OF FACTS:

According to the military personnel data system, the applicant is currently serving on active duty in the Air Force in the grade of staff sergeant (E-5) with a date of rank of 1 Jul 06.  He has a Total Active Federal Military Service Date of 16 Oct 01 and a projected date of separation of 25 Sep 09.  His Air Force Specialty Code (AFSC) is 3P0X1 – Security Forces. 

The remaining relevant facts pertaining to this case are presented in the Air Force Evaluation.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends the applicant’s request be denied.  DPSOA states the Non-commissioned 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.  The Air Staff targeted 180 NCOs in the applicant’s AFSC/grade (3P0X1 – Security Forces) to retrain into the 3P0X1 – “A-Military Working Dog Handler” and “B-Combat Arms” sub-career fields.  Since voluntary targets were not met in the applicant’s AFSC during Phase I (Voluntary), the Air Staff directed implementation of Phase II (Involuntary) directing retraining into the A and B sub-career fields of Security Forces.  

According to records on file with Air Force Retraining, the applicant was number 1 out of 180 (involuntary phase) SSgts identified as vulnerable for involuntary retraining into 180 quotas.

DPSOA states they reviewed the documents submitted by the applicant and conducted a review of the discussion threads—communication between the applicant and Air Force Retraining.  The applicant did have system access and was able to communicate with AFPC.

The member did apply from his deployed location on 10 Jan 07, meeting the initial application suspense date of 15 Jan 07.  However, he applied for Combat Arms only and was advised on 19 Feb 07 he did not meet the qualifications for Combat Arms because of his mechanical score and did not have time to be retested.  He was also told there would be no extensions and he was given the requirements to apply for the Dog Handler positions.  On 20 Feb 07, he sent a response stating it did not make sense to him that he could not get an extension and requested what other options he had.  On 21 Jan 07, he was sent a response reminding him he was notified on Jul 06 of the process and again was told he could still apply for the Dog Handler positions; however, that he needed to meet the 28 Feb 07 suspense.  The applicant made no further contact with AFPC and did not meet the 28 Feb 07 suspense, even though he still had 8 days left from that point.

The applicant was aware of the program requirements, but failed to submit the application as required and instructed.  The Air Staff determined a greater need for members in applicant’s AFSC to fill more critical, undermanned skills.  The NCORP is used for that purpose and the applicant failed to meet the requirements for involuntary retraining into that AFSC, resulting in another NCO being involuntarily selected to take his place; as such, the RE code of 3E is appropriate.  

The complete DPSOA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 Feb 09, 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.

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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 error or 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 was notified of the actions required on his part.  Applicant contends he was deployed to Iraq when he was notified of the NCORP, and was not given a fair advantage to complete the necessary requirements.  It appears the applicant was aware of the program’s suspense date; however, felt because he was in a deployed location and there were no testing facilities, he should have been granted an extension.  Although DPSOA states the applicant was aware of the program requirements, but failed to submit the application as required and instructed, we believe some leniency should be given in this case. It is our opinion the applicant made what we believe to be reasonable effort to complete the actions required of him, but due to circumstances beyond his control was unable to do so.  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.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00122 in Executive Session on 14 April 2009, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member




All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number       BC-2009-00122 was considered:


     Exhibit A.  DD Form 149, dated 22 Dec 08, w/atchs.
     Exhibit B.  HQ AFPC/DPSOA, dated 29 Jan 09.
     Exhibit C.  Letter, SAF/MRBR, dated 13 Feb 09.




                                   
                                   Panel Chair


AFBCMR BC-2009-00122




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 APPLICANT be corrected to show that on 28 February 2007, his reenlistment eligibility (RE) code was 1M.






		
		Director
		Air Force Review Boards Agency
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