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AF | BCMR | CY2010 | BC-2010-04104
Original file (BC-2010-04104.txt) Auto-classification: Denied
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 

 

 



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