RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2005-02685
                                       INDEX CODE:  126.04
                                             COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 February 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of staff sergeant (E-5) be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was administratively demoted to the rank  of  senior  airman  (E-4).   He
believes his demotion was not  lawful  under  Air  Force  regulation.    The
reference  to  AFR  39-6,  paragraphs  6c  through  6m   in   AFI   36-2503,
Administrative  Demotion  of  Airmen,  is  unfair  and  not   supported   by
regulation since AFR 39-6 was rescinded and no longer exists.

In support of his  application,  he  provides  a  personal  statement.   The
applicant’s submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Personnel Database  (MilPDS)  indicates  the  applicant  has  a
Total Active Federal Military Service Date of  4  September  1991.   He  was
progressively promoted to the grade of staff sergeant (E-5), with a date  of
rank of 1 September 2000.  He was reduced to the grade of senior airman  (E-
4), with a date of rank of 26 May 2005.

On 3 May 2005, the  commander  notified  the  applicant  of  his  intent  to
recommend demotion to the grade of senior airman  (E-4)  based  on  AFI  36-
2503, paragraph 3.3, Failure to Fulfill NCO Responsibilities,  and  AFI  36-
2618, The Enlisted Force Structure. The specific  reasons  for  this  action
were:  On 19 June 2004, the applicant was arrested by local  British  police
on suspicion of driving under the influence of alcohol and on 25 June  2004,
he was convicted in the Peterborough  Magistrates’  Court  of  Driving  with
Alcohol Level Above Legal Limit; on 13 September  2004,  the  applicant  was
arrested for driving a motor  vehicle  while  disqualified  from  holding  a
driver’s license, operating a motor vehicle  without  an  insurance  policy,
and for driving a motor vehicle at a speed  exceeding  the  specified  speed
limit.  On 6 May 2005, the applicant acknowledged receipt and  indicated  he
did not concur with the proposed demotion.  Applicant requested  a  personal
appearance before the commander.  He was given the  opportunity  to  provide
both  a  written  and  personal  presentation  to  his   commander.    After
considering  the  applicant’s  personal  and   written   presentation,   the
commander recommended the applicant be demoted in rank to senior airman  (E-
4).  On  1 June  2005,  the  demotion  authority  approved  the  recommended
demotion.  The applicant appealed the punishment; however,  his  appeal  was
denied.

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AIR FORCE EVALUATION:

AFPC/JA recommends the application be denied.  AFPC/JA states the  applicant
has provided  no  information  to  suggest  any  impropriety  or  unfairness
meriting the relief he seeks.  While he  is  technically  correct  that  the
reference establishing the basis  for  his  administrative  demotion  is  no
longer valid, it has been properly superseded by a new AFI  which  continues
to establish the exacting standards the Air Force expects of its NCOs.   The
AF/JA evaluation is at Exhibit C.

AFPC/DPPPWB recommends the application be denied.  DPPPWB  states  that  AFI
36-2503 has not been revised since 20 July  1994.   However,  AFR  39-6  was
revised and redesignated/renamed AFI 36-2618, The Enlisted Force  Structure,
in August 1996.  The DPPPW evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 October 2005, copies of the Air Force evaluations were sent  to  the
applicant for review and comment.  As of this date, this  office  has  not
received a response.

_________________________________________________________________

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.   Applicant’s  contentions  are  noted;
however,  we  do  not  find  these  uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the  rationale  provided  by
the Air Force.  Based on the opinion provided by JA,  the  redesignation  of
the Air Force Instruction and a new identifying number did  not  change  the
policies associated with  Noncommissioned  Officer  (NCO)  responsibilities.
While the applicant may believe his demotion  was  unfair,  the  applicant’s
unsatisfactory conduct was not commensurate  with  the  behavior  acceptable
for NCOs.  Therefore, we agree with the recommendations  of  the  Air  Force
and adopt the rationale expressed as the basis for  our  decision  that  the
applicant has failed to sustain his burden that he has  suffered  either  an
error or an injustice.  In view of the foregoing, we conclude that no  basis
exists 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 this application in  Executive
Session on 14 December 2005, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Wallace F. Beard Jr., Member
            Ms. Josephine L. Davis, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2005-02685
was considered:

      Exhibit A.  DD Form 149, dated 10 Aug 05, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/JA, dated 20 Oct 05.
      Exhibit D.  Letter, AFPC/DPPPWB, dated 7 Sep 05.
      Exhibit E.  Letter, SAF/MRBR, dated 21 Oct 05.




                                  THOMAS S. MARKIEWICZ
                                                   Chair