RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04104 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her rank/grade on her NGB Form 22, Report of Separation and Record of Service, be changed from staff sergeant/E5 to technical sergeant/E6. ________________________________________________________________ APPLICANT CONTENDS THAT: In July or August of 1995, she took a mandatory urinalysis during a weekend drill. The commanding officer had a security police escort her to the restroom to make sure she took the test. She was allowed to speak with counsel regarding the case, which dragged on for a year. She was eventually demoted, but she believes it was due to racial bias. In support of her appeal, the applicant provides a personal statement, her rating decision from the Department of Veterans Affairs, copies of her demotion orders, her NGB Form 22 and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air National Guard on 23 May 1985. On 16 February 1996, the applicant was demoted to the grade of staff sergeant. She retired on 16 September 1997 in the grade of staff sergeant. She was credited with 22 years, 3 months and 23 days of total service for pay. On 4 November 2011, per the applicant’s request, her case was administratively closed. It was reopened on 29 November 2011. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1POE recommends denial. Special Order AJ-175, states the authority for the applicant’s demotion was in accordance with AFI 36-2503, Administrative Demotion of Airmen, which states airmen may be demoted who do not fulfill noncommissioned officer responsibilities. She voluntarily retired with an honorable discharge. Her discharge was accomplished in accordance with Air Force policies and procedures. There is no evidence provided showing an error or injustice. The complete A1POE evaluation is at Exhibit B. NGB/A1PS concurs with the A1POE, the subject matter expert, and recommends denial of the applicant’s request. The complete A1PS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 29 February 2012 for review and comment within 30 days. As of this date, this office has received no response (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission and the available evidence of record in judging the merits of the case; however, we agree with the opinion and recommendation NGB/A1POE and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 2010-04104 in Executive Session on 5 April 2012, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dtd 8 Apr 10 and 28 Oct 10, w/atchs. Exhibit B. Letter, NGB/A1POE, dated 7 Feb 12. Exhibit C. Letter, NGB/A1PS, dated 15 Feb 12. Exhibit D. Letter, SAF/MRBR, dated 29 Feb 12. Chair