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AF | BCMR | CY2012 | BC-2012-02087
Original file (BC-2012-02087.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02087 

 

 COUNSEL: 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Vacate her demotion to the grade of Senior Airman. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The procedures used by her unit for the recommended demotion 
does not follow the procedure outlined in the regulation. 

 

In support of her request the applicant submits a copy of a 
personal memorandum which includes her counsel’s legal analysis 
and copies of documents pertaining to the demotion actions. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Air National Guard 
(ANG) in the grade of E-4, Senior Airman. Her date of rank 
(DOR) is 14 April 2012. 

 

On 24 February 2012, the applicant received notification from 
the unit wing commander that he was recommending her for 
demotion to the grade of E-4, Senior Airman. The specific 
reason for the demotion was; the applicant did on 2 February 
2012, knowingly and willfully made a false accusation of 
unethical behavior against several members of her unit to 
include her squadron commander. 

 

On 24 February 2012, the applicant acknowledged receipt of the 
notification and her rights to legal counsel and to concur or 
non-concur with the demotion action. 

 

Subsequent to the demotion package being found legally 
sufficient on 6 April 2012, the applicant was demoted to the 
grade of Senior Airman, E-4, by special order AQ-49, dated 
14 April 2012. 

AIR FORCE EVALUATION: 


 

NGB/A1PP recommends denial. A1PS states available documentation 
does not support the applicant’s request. Their interpretation 
of the instruction is the unit commander “may” recommend 
demotion of an enlisted ANG member under his/her command. It 
does not state the unit commander “must” take this action. They 
feel the wing commander made the demotion recommendation based 
on the fact that the squadron commander was one of the unit 
members of whom the applicant knowingly and willfully made a 
false accusation of unethical behavior against. A 
recommendation for demotion made by the squadron commander could 
have reasonably been seen as a form of reprisal against the 
applicant. 

 

The complete NGB/A1PP evaluation is at Exhibit C. 

 

NGB/A1PS states they concur with the NGB subject matter expert 
(SME) and therefore, do not recommend relief for the applicant. 
The demotion package was reviewed and found to be legally 
sufficient by the state’s ANG staff judge advocate. 

 

The complete NGB/A1PS evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 September 2012 for review and comment within 
30 days (Exhibit E). To 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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force offices of primary responsibility and adopt 
their 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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 


will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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 
BC-2012-02087 in Executive Session on 23 January 2013, under the 
provisions of AFI 36-2603: 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149 dated 5 May 2012, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PP, dated 27 June 2012. 

 Exhibit D. Letter, NGB/A1PS, dated 2 July 2012. 

 Exhibit E. Letter, SAF/MRBR, dated 17 September 2012. 

 

 

 

 

 

 Panel Chair 
, Panel Chair 

, Member 

 , Member 





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