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AF | BCMR | CY2013 | BC-2012-02002
Original file (BC-2012-02002.pdf) Auto-classification: Denied
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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