AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02002
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His demotion from technical sergeant (E-6) to senior airman be
reversed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The publication that governs airman demotions has been obsolete
since 31 Dec 09. The obsolete instruction is reflected on his
demotion order as the authority for the demotion. AFI 36-2502,
Airman Promotion/Demotion Programs, applies to active duty
service members and not Air Force Reserve personnel.
In support of his request, the applicant provides an excerpt from
AFI 36-3502 and a copy of his demotion orders.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve (AFR)
in the grade of senior airman. He was demoted to the grade of
senior airman with a date of rank of 1 Jul 90 and an effective
date of 1 Apr 11.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force Reserve Command (AFRC), which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial by stating that AFR enlisted members
are promoted and demoted IAW the AFR Enlisted Promotion and
Demotion Policy, which is executed IAW AFPD 36-25, Military
Promotion and Demotion. Further, AFI 33-360, Publications and
Forms Management, para 2.8.2, states “AFPDs and AF supplements to
DoDDs may only be directly implemented by AFIs and AFMANs.
However, if no departmental-level guidance is provided (e.g.,
AFIs, AFMANs, etc.), field activities may issue instructions to
directly implement AFPDs and AF supplements to DoDDs.” In this
case, after the AFRC/JA provided advice to the commander, the
commander issued verbal instructions to directly implement AFPD
36-25. Subsequently, it was determined the former content of AFI
2503, Administrative Demotion of Airman, and AFI 36-2502, Airman
Promotion Program, dated 6 Aug 02, would continue to be used as
the procedural guidance to implement the AFR Enlisted Demotion
and Promotion Policy. Therefore, the demotion action was
determined to be legally sufficient and a valid personnel action.
The complete AFRC/A1K evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
1. The governing instructions does not discuss why he was
demoted. This instruction does not discuss specific guidance
that is to be used to ensure everyone is treated the same. The
AFRC evaluation admits that there are no current governing
instructions in place with regard to Reserve demotions.
2. If the AFRC/CC provided “verbal instructions,” why were the
instructions not put into a written notification of the intent to
demote him? Also, why was he not given a reason why this
demotion action was being taken?
3. The obsolete instructions that govern Reserve demotions are no
longer available to review. If an instruction cannot be
reviewed, how do airmen know that the instructions say? In
addition, the instructions states that it only applies to active
duty members and it does not apply to Reserve members.
The applicant’s complete submission is 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 error or injustice. We took note of
the applicant’s arguments regarding the validity of the demotion
instructions ,however, we agree with AFRC/A1K recommendation that
the use of the former AFI 36-2503 and Air 36-2502 as the
procedural guidance when implementing Air Force Reserve enlisted
demotions and promotions was proper. Therefore, we agree with
the opinion and recommendation of AFRC/A1K 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.
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 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 AFBCMR Docket
Number BC-2012-02002 in Executive Session on 10 Jan 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 12, w/atchs.
Exhibit B. Letter, AFPC/A1K, dated 16 Aug 12.
Exhibit C. Letter, SAF/MRBR, dated 27 Aug 12.
Exhibit D. Letter, Applicant, dated 17 Sep 12.
Panel Chair
, Panel Chair
, Member
, Member
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