DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

AUG  1 4  898 

Office of the Assistant Secretary 

AFBCMR 98-00 178 

8 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 

FOR CORRECTION OF MILITARY RECORDS (AFBCMR) 

SUBJECT:  AFBCMR Application of 

I have carefully reviewed the evidence of record and the recommendation of the Board 

members.  A majority found that applicant had not provided sufficient evidence of error or 
injustice and recommended the case be denied.  I concur with that finding and their conclusion 
that relief is not warranted.  Accordingly, I accept their recommendation that the application be 
denied. 

Please advise the applicant accordingly. 

Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98  00178 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

His  'records.. be  corrected  to  reflect  his  date  of  rank  for 
promotion to the grade of senior airman as 14 Jul 92  rather than 
4  Sep 9 7 .  

APPLICANT COfiTENDS THAT: 

The procedures for an administrative demotion are unreasonable. 

There  were  numerous  errors  in  the  administrative  action  taken 
against him. 

In  support  of  his  request, the  applicant  provided  a  personal 
statement,  copies  of  his  Enlisted  Performance  Reports  (EPRs), 
weight  management  documentation,  letters  of  reprimand  (LORs) , 
character  references,  demotion notification, the  special  order 
demoting  him  from  the  grade  of  senior airman  to  the  grade  of 
airman  first  class,  and  other  documents  associated  with  the 
matter under review. 
Applicant's complete submission 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 senior airman, with a DOR of 4 Sep 9 7 .   His Total 
Active Federal Military Service Date (TAFMSD) is 14 Jul 89. 
Available  documentation  reflects  that  the  applicant  entered 
Phase I of the  Weight Management Program  (WMP) on 1 2   Apr 94. 
On  16 Dec  94,  the applicant received an LOR  for unsatisfactory 
progress in the WMP,  in that he had gained two  ( 2 )   pounds. 

On 30 Jun 95, he received an LOR  for failure to lose any body fat 
percentage. 
Applicant  entered  Phase  I1  of  the  WMP  on  28  Dec  95.  He  was 
placed on probation on 24 Jun 96.  On 6 Jan 97, the applicant was 
reentered into  Phase I as a  result of  exceeding  his weight  by 
18 pounds and his body  fat by one percent, which was his  third 
failure to make satisfactory progress in the WMP. 

On  13  Jan  97,  the  applicant's commander  notified  him  of  his 
intent to recommend to the demotion authority that he be demoted. 
The applicant did not  concur with  the proposed  demotion action 
and  submitted statements in his own behalf.  After  considering 
the information presented, his-  commander still felt demotion was 
appropriate  and  continued  processing  the  case  to  the  demotion 
authority. 
The  applicant  received  the  notification  of  the 
demotion  action  and  acknowledged  receipt  on  2 Apr  97. 
He 
indicated he would not appeal the decision. 

- 

By  Special  Order  AA-05,  dated  21  Mar  97,  the  applicant  was 
demoted  from the grade of  senior airman to the grade of  airman 
first class, effective and with date of rank of 5 Mar 97. 
On  4  Sep  97,  the  applicant's  commander  requested  that  the 
applicant original rank be restored, which the demotion authority 
approved. 

AIR FORCE EVALUATION: 
The  Enlisted  Promotion  Branch,  AFPC/DPPPWB,  reviewed  this 
application  and  recommended  denial. 
DPPPWB  noted  that  the 
applicant  was  administratively  demoted  to  the  rank  of  airman 
first class on  5  Mar  97 for failure to progress  on the Weight 
Management  Program  (WMP) . 
Following  his  six  months  of 
satisfactory progress,  his  commander  reinstated  him  to  senior 
with a new date of rank of 4 Sep 97. 
According to AFI 36-2503, paragraph 1.5 and paragraph 1.5. 1, the 
demotion  authority can  restore  the  individual's original  grade 
between  3-6  months  of  the  effective  date  of  demotion. 
The 
effective date and  the  date of  rank  are  the date on which  the 
demotion  authority approves  restoration in writing.  Applicant 
demotion  was  effective  5  Mar  97.  He  was  restored  to  senior 
airman with new date of rank of 4 Sep 97. 
In the opinion of  DPPPWB, the  restoration action taken for the 
applicant  was  procedurally  correct  and  there  was  no  evidence 
there were any irregularities or that the case was mishandled. 

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2 

AFBCMR 98-00178 

A complete copy of the DPPPWB evaluation, with attachment, is at 
Exhibit B. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Applicant  indicated that he  has  requested the Board  adjust his 
DOR  because  there  are  currently no  options  for a  commander to 
suspend  demotion  in  an  administrative  demotion  action.  When 
demotion action is warranted in an Article 15, the commander has 
several options available to him.  The Manual for Courts-Martial, 
Part V, paragraph 6  allows a commander to suspend punishment to 
include  a  reduction  in  grade. 
AFI  51-202,  Nonjudicial 
Punishment, paragraph 8.3.1. states "When reduction in grade is 
later suspended, the offender's original date of rank  (DOR) held 
before  the  reduction  is  reinstated.  The  applicant  feels that 
reinstatement of  the  DOR  for administrative demotion  should at 
least  be  equal  to  that  of  Article  15  actions.  His  commander 
fully supports his requests, as evidenced by his Statement, and 
believes  it  to  be  in  the  best  interest  of  the  Air  Force  to 
approve his request.  He hopes the Board's decision to adjust his 
DOR will set precedence on future cases that are similar to this 
one. 

Applicant's  complete  response  and  additional  documentary 
evidence,  including  a  statement  from  his  commander,  are  at 
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.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the  existence of  probable error or injustice.  The 
Board  took  notice  of  the  applicant's  complete  submission  in 
judging the merits of the case, including the statement from the 
52nd Munitions Support Squadron commander, who appears to be  the 
applicant I s current commander.  However, a majority of the Board 
agrees  with  the  opinion  and  recommendation  of  the  Air  Force 
office of primary responsibility (OPR) and adopts their rationale 
as the basis for its conclusion that the applicant has not been 
the victim of an error or injustice.  Therefore, in the absence 
of  sufficient evidence that the information used as a basis for 
his  demotion  was  erroneous,  that  the  demotion  action  was 
processed  in a manner  contrary to the governing  regulation, or 

3 ,  

AFBCMR 98-00178 

there was an abuse of discretionary authority in the applicant's 
case,  a  majority  of  the  Board  finds  no  compelling  basis  to 
recommend granting the relief sought in this application. 

RECOMMENDATION OF THE BOARD: 
A  majority of  the panel  finds insufficient evidence of error or 
injustice and recommends the application be denied. 

The following members of the Board considered this application in 
Executive Session on  9  Jun 98,  under the provisions of AFI  3 6 -  
2 6 0 3 :  

Mr. David C. Van Gasbeck, Panel Chair 
Mr. Richard A. Peterson, Member 
Mr. Kenneth L. Reinertson, Member 

By  a  majority  vote,  the  Board  voted  to  deny  the  request. 
Mr. Peterson voted  to grant  the  request but  did  not  desire  to 
submit a minority report.  The following documentary evidence was 
considered: 

Exhibit A.  DD Form 1 4 9 ,   dated 14 Jan 98,  w/atchs. 
Exhibit B.  Letter, AFPC/DPPPWB, dated 2 7   Jan 9 8 .  
Exhibit C.  Letter, SAF/MIBR, dated 9  Feb 9 8 .  
Exhibit D.  Letter, applicant, dated 23  Feb 98,  w/atchs. 

D

M
Panel Chair 

 C. VAN GASBECK 

4 

AFBCMR 9 8 - 0 0 1 7 8  

. 

4 

;c 

DEPARTMENT O F  T H E  AIR  FORCE 

HEADQUARTERS  AIR  FORCE  PE RSONN EL CENTER 

RANDOLPH AIR  FORCE  BASE TEXAS 

, 

mMORANDUM FOR AFBCMR 

FROM:  AFPC/DPPPWB 

550 C Street West, Ste 09 
Randolph AFB TX 78 150-47 1 1 

SUBJECT:  Application for Correction of Military Records 

- 

Requested Action.  The applicant, is requesting djustment of his date of rank @OR) 

fiom 4 Sep 97 to 14 Jul92. 

Reason for Request. The applicant was administratively demoted to the rank of A1 C on 
5 Mar 97 for failure to progress on the Weight Management Program (WMP).  Following 6 
months of satisfhctory progress, his commander reinstated him to SRA with a new date of rank 
of 4 Sep 97.  He believes procedures for administrative demotions are unreasonable. 

. Facts.  Per AFI 36-2503, para 1.5 and para 1.5.1, the demotion authority can restore the 
individual’s original grade between 3-6 months of the effective date of demotion. The effective 
date and the date of rank are the date on which the demotion authority approves restoration in 
writing. Applicant demotion was effective 5 Mar 97. He was restored to SRA with new date of 
rank of 4 sep 97. 

Discussion. 
a.  On 13 Jan 97, the applicant’s commander notified him of his intent to recommend to 

-- 

the demotion authority that he be demoted.  The applicant nonconcurred with the proposed 
demotion action and  submitted a letter on 13 Jan 97 on his behalf.  After considering the 
information presented, his commander still felt demotion was appropriate and continued 
processing the case to the demotion authority.  The applicant received the notification of 
demotion action and acknowledge receipt on 2 Apr 97.  He indicated he would not appeal the 
and the applicant was reduced to 
decision.  The demotio 
A1C per Special Order 
commander requested restoration to original grade, which the demotion authority approved. 

(USAFE), 21 Mar 97. On 4 Sep 97 the 

b.  It is the opinion of this office the restoration action taken for the applicant was 

procedurally correct and there is no evidence there were any irregularities or that the case was 

mishandled.  However, should the AFBCMR grant the applicant’s request, his original date of 
rank before the demotion was 14 Jul92. 

Recommendation.  Denial, based on the rationale provided. 

Attachment: 
Extract Cy, AFI 36-2503 

Enlisted &motion  Branch 

i 

BY ORDBR OF THE 
SECRETARY OF THE AIR FORCE 

AIR FORClT INSTRUCTION 36-2503 
' 13 JULY 1994 
Pemonnel 

ADMINISTRATNE DEMOTION OF AIRMEN 

Tlris inStructioa SeES administrative standards for demoting. Section A applies to all Air Force enlistcd pesso~el on active 
duty. Section B applies to US Air Forcc Reservw, but not to the Air National Guard This instruCtion impbnts Air Pome 
Policy Directive 36-25, MUimy Promorion and Dcnrolion. 'Ibis instruction r q u h  you to collect and maintain Somation 
protbcted by  rlir  Privacy Act  ~$1974. Tide 10 United Statcs Codc (U.S.C.),  Section 8013 and Bxecutive order 9397 - 
this authority.  On  request, you must show  or give a copy  of  the privacy Act  Statement befort wlldng 
personal informati6n. Systcm of Records Fo35 AF MP C, Milirury Pmsonncl Records Sysrcnr, applies.  Refer to attachment 1 
for Oloasary of Abbreviatiolw, Acronyms and Addresses. 
SUMMARY OF W G E S  

*-  until after that term of enlistmelit expires. 

1.  Demdlons.  pn't use administratl 've demdions when 
it  is  nuwc  apppprhte  to take  actions  specifiad by  the 
uniform code of the Military Justicc 0. 
1.1.  Do not/lemote airmen who have separated. 
12.  Begidadministrative demotion for acriOn during the 
twm of enlistment when the reason for the action fnxurnd, 
when thc commander is not aware of the facts and 
e-. 
1.3.  If  thc commandet has suffiient mson to initiate 
dcsnotian action, use the en&  milimy r c c d  in hiding 
wbetherdcmotion is appropriate. 
1.4.  When appropriate,  give  airmen an oppooounity  to 
ovemome  their  deficiencies  bcfm  demotion  action  is 
Commanders  should  maintain  supporthg 
initiated. 
documcntstion  of all  rehabilitation  and  pddomuy 
OCtiOnS. 
1.5.  Do  not  suspend administrative  &motions.  The 
demotion  autharity,  with  aQlinistraclv *  e jurisdiction, can 
mort tbs i.divjdual's opiginsl g d e .   If thc demotion 
authority r e m  the ailman's arigirrpl grade following the 
demotion,  he or rhc  n u t  do so  ramcdmt  between  3 
months  and  6  months  after  tfie  effective  date  of  the 
15.1.  Restoring  grade  should  be  an  rmcommoll 
.occwmcc.  Thecffcctivcdatcandt&dateofraak(DOR) 
date on which  the  demotion authority  approves 
arc 
nstafahinwriting. 

1.6.  Do not  rtvQkc  dwnotion  orders.  F i  a  source 
document sucl~ as. AF Form 2096. Qassificrrt&fln-'Il.le- 
Job  !hldag  Action,  En  the  airman's  unit  personnel 
records group (UPRG)  with the memorandum approvihg 
the restoration. Notify HQ ApMpc/DpMAJw by message 
of  the  restored grade per AFMAN  36-2622,  B a e  Lcvcl 
(fom&y  APM 30-130, vo1umc 
Miti&y  Personnel ~ s t m .  
1). 

2.  WhoCmDemote. 
2.1. 
The  group  commander.  or  equivalent  level 
commander, may demote MSgts and beIow.  BquivaIcnt 
level commander is d e f d  as a senior Air Force officer in 
the grade of Colonel. E W P L E  An Air Ponx officer in 
charge of an Air Fora Element or a ammadcr above the 
squadron level. 
2.2.  The major COmmdlDd (hdAJCOh4) commander, field 
operating agency O A )  commander, or direct nporting 
unit (DRU)  commander  may demote gndcs  SMSgt and 
CMSgt.  Tbis demotion mtbolity may be delegated to the 
MAJCOM vice commands, chief of staff. deputy chief of 
and personnel W) pCraoMel @PI, 
8tafffM-4'0= 
Numbed  Air  Force  WAF),  or  equivalent 
level 
co- 
'Ihe appellate authority is the next level commdltdec 
2.3. 
and handles dcmotbn appaals. 
2.4.  ThC S m t a t y  of tfie Air Force (Slur) may demote to 
significantly leducc shwgth, grade levels, ar both. 

but may not be further &legated. 

SU- 
OPR:  HQ A F M P C / D P W  (Ms Ciloria Ox=) 

AFR 39-30,18 Novwnber 1991. 

Cutified by:  HQ ~

P

~

RhMa 

W R P U  

Japcph W. M o m )  
( C 0
Pages;:  9/DiiutiolKF 
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