RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05619

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

1.  His demotion to senior airman (E-4) should be reconsidered because it was based upon an invalid fourth consecutive FA failure within a two year period, under the provisions of AFI 10-248.  His 21 April 2010 Fitness Assessment (FA) score was declared void and removed from the Air Force Fitness Management System (AFFMS), thereby nullifying the basis of his demotion (four fitness failures).  In addition, his demotion action took place after AFI 10-248 was superseded by AFI 36-2905, Fitness Program.  

2.  His demotion action was conducted in an improper manner.  He did not receive paperwork or corrective actions for his FA failures until the third failure.  A letter of reprimand (LOR) was issued in January 2011 for his 28 September 2010 FA failure.  The LOR cited AFI 10-248 which was superseded 1 July 2010.  

3.  The Notification of Failure and Corrective Action letters were placed in his personal information file (PIF) after his demotion action and not presented to him at any time.  Also, there is no record of his demotion action in the automated records management system (ARMS). 

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of senior airman (E-4).  

On 15 April 2010, the applicant participated in a FA and attained a composite score of 70.60, which constituted a poor assessment, his second unsatisfactory assessment.  

On 21 April 2010, the applicant participated in a FA and attained a composite score of 62.85, which constituted a poor assessment, his third unsatisfactory assessment, which was later declared void and removed.

On 27 September 2010, the applicant participated in a FA and attained a composite score of 68.30, which constituted a poor assessment, his fourth unsatisfactory assessment.  

On 26 January 2011, the applicant received a Letter of Reprimand (LOR) for his 27 September 2010 fitness assessment failure.  The commander indicated his lack of progress violated AFI 10-248.

On 26 January 2011, the applicant acknowledged receipt and chose not to respond.  

On 7 February 2011, the applicant’s commander determined the LOR would be maintained and placed in an unfavorable information file (UIF) and a control roster would be established.  

On 2 March 2011, the applicant’s commander initiated an administrative demotion notification, stating his intent to recommend the applicant be administratively demoted to the grade of senior airman in accordance with AFI 36-2502, Airman Promotion/Demotion Programs, paragraph 6.3.5, Failure to Keep Fit.  

On 18 May 2011, an unsigned order indicates the applicant was demoted to the grade of senior airman, effective and with a date of rank of 12 April 2011.  

The applicant’s last seven FA results are as follows:

Date 
Composite Score
Rating
17 December 2012
77.20
Satisfactory
28 June 2012
77.80
Satisfactory
30 November 2011
Exempt 
Exempt 
3 May 2011
81.60
Satisfactory
31 January 2011
72.30
Unsatisfactory
27 September 2010
68.30
Unsatisfactory
*21 April 2010
62.85
Poor
15 April 2010
70.60
Poor
6 May 2009
77.65
Good

* Declared void and removed from applicant’s records.

On 31 October 2011, the inspector general advised the applicant that after consultation with the judge advocate it was opined that while his commander could invalidate the 21 April 2010 FA, he would not be compelled to reinstate him to the grade of staff sergeant.  

On 31 October 2011, the applicant’s commander determined the 21 April 2010 FA was invalid; however, he did not vacate the demotion action.  

On 25 January 2013, AFPC/DPSIM, indicated the 21 April 2010 FA had been deleted from the Air Force Fitness Management System (AFFMS).  

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial of the applicant’s request to be restored to the grade of staff sergeant (E-5).  In accordance with AFI 10-248, commanders may review and determine personnel actions for those individuals who are identified as poor fit for less than 180 days.  In addition, commanders will review and determine personnel actions for those individuals who are identified as poor fit for greater than 180 days and each subsequent test thereafter.  In this case, the applicant’s FA was declared invalid; however, it does not negate the commander’s decision to administratively demote the applicant for failure to maintain fitness standards.  The demotion action was procedurally correct and the commander acted within his authority.  

A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his argument that his demotion action was based on an erroneous fourth FA failure.  His administrative demotion notification specifically indicated that he was being demoted for his fourth FA failure.  Since his 21 April 2010 FA was removed from his record, which was the basis for his demotion action, his rank should be restored.  Also the demotion action was not procedurally correct.  It was not until what was considered his third failure that paperwork was initiated.  Specifically, a letter of reprimand (LOR) was not issued for the 27 September 2010 failure until 26 January 2011 and cited a violation of AFI 10-248, which at the time was superseded by AFI 36-2905.  There is no demotion action or demotion order in his personnel records.  It appears that the military personnel data system (MILPDS) was updated to reflect his demotion action based on an incomplete demotion order; however, the automated records management system (ARMS) does not contain a record of his demotion.  More importantly, his current commander supports his rank being restored to staff sergeant.  

A complete copy of the applicant’s response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant contends that his former grade should be restored because his demotion was based upon four consecutive fitness assessment (FA) failures, but one of the four failures was later declared void and removed from his records.  We don’t disagree with the comments of AFPC/DPSOE indicating it was within the commander’s authority to administratively demote the applicant for failure to maintain fitness, regardless of the number of consecutive FA failures; however, the fact of the matter is that the basis for the action was the applicant’s four consecutive FA failures and, in our view, the removal of one of those failures because it should never have been administered severely undermines the clear and unambiguous basis for the contested action.  Furthermore, we are not convinced the applicant would have faced demotion action for what would have been three consecutive FA failures had the FA that was removed never been administered in the first place.  Therefore, in view of the above, and noting the unequivocal support of the applicant’s current commander, we believe it would be in the interest of justice to recommend the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his 12 April 2011 administrative demotion be set aside and that all his associated rights and privileges be restored.

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The following members of the Board considered AFBCMR Docket Number BC-2012-05619 in Executive Session on 19 September 2013, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05619 was considered:

	 Exhibit A.  DD Form 149, dated 25 November 2012, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSOE, dated 7 February 2013.
	 Exhibit D.  Letter, SAF/MRBR, dated 24 February 2013.
	



                                   
                                   Chair






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