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Decision Text

AF | BCMR | CY2014 | BC 2014 01797
Original file (BC 2014 01797.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01797

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His grade be restored to technical sergeant (E-6).


APPLICANT CONTENDS THAT:

He appealed to be restored to the grade of technical sergeant (E-
6) to his chain of command, but was denied.  Shortly after his 
appeal was denied, two Fitness Assessment (FA) failures, which 
were part of his demotion package, were removed from his Air Force 
Fitness Management System (AFFMS) record; however, he was told by 
his chain of command there was nothing they could do for him.

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


STATEMENT OF FACTS:

On 24 Jun 94, the applicant initially entered the Regular Air 
Force.

On 29 Oct 12, the applicant’s commander notified him he was 
recommending his demotion to the grade of staff sergeant (E-5) IAW 
36-2502, Airman Promotion/Demotion Programs.  The specific basis 
for this action was failure to keep physically fit IAW 36-2905, 
Fitness Programs, as evidenced by four FA failures between         
and      .

On 13 Nov 12, the applicant was demoted by the approval authority.

On 4 Dec 12, the approval authority denied his appeal request and 
upheld the demotion action.

On 3 Jun 13, the applicant submitted a grade restoration request 
to his chain of command.

On 7 Nov 13, upon recommendations from lower-level commanders, and 
a legal review, the approval authority denied the grade 
restoration request.

On 20 Feb 14, according to information provided by the applicant, 
the Fitness Assessment Appeals Board (FAAB) directed the removal 
of two of his FA failures (     and       ) from the applicant’s 
AFFMS record.

On 21 Apr 14, the Secretary of the Air Force Personnel Council 
(SAFPC) conducted a grade determination evaluation in conjunction 
with the applicant’s retirement processing and found the applicant 
served satisfactorily in the higher grade of technical sergeant 
(E-6) and directed the applicant be advanced to that grade on the 
retired list, effective 24 Jun 24, the date the applicant would 
have completed 30 years of service.

On 30 Jun 14, the applicant was relieved from active duty and 
retired in the grade of staff sergeant (E-5), effective 1 Jul 14, 
and was credited with 20 years and 7 days of active service.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial indicating there is no evidence of an 
error or an injustice.  AFI 36-2502, Airman Promotion/ Demotion 
Programs, states, airmen may be demoted for failing to maintain or 
demonstrate the ability and willingness to attain physical 
standards.  Further, AFI 36-2905, Fitness Program, states unit 
commanders may take adverse administrative action upon a member's 
unsatisfactory fitness score on an official FA.  Attachment 14 
provides commanders guidance when selecting the appropriate 
administrative and personnel actions for members who fail to 
attain physical fitness standards.  This table is only 
illustrative and is not binding; commanders may use more than one 
action per failure.  Although two of the six FA failures have been 
removed by the FAAB, the applicant does not have the 
support/approval of his commander, or the demotion authority, to 
restore his rank to Technical Sergeant (E-6).  The applicant still 
has four remaining FA failures, of which the      failure was due 
to poor performance.  Therefore, the commander is within his 
authority to demote the applicant for the remaining FA failures 
and deny the applicant's request for restoration of rank.

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




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant 
on 4 Oct 14 for review and comment within 30 days (Exhibit D).  As 
of this date, no response has been received by this office.


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 an 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 office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  While 
we note the Fitness Assessment Appeals Board (FAAB) has determined 
that two of the four Fitness Assessment (FA) failures that formed 
the basis of the action should be removed, we are not convinced 
that the removal of these FA failures undermines the basis for the 
contested action.  In this respect, we note that the applicant’s 
intent to appeal to the FAAB was specifically noted during the 
installation-level legal review of his plea to have his rank 
restored and, regardless of the fact the two FAs may eventually be 
removed from his record, the chain of command was not persuaded to 
change their previous decision to demote the applicant.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2014-01797 in Executive Session on 25 Feb 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOE, dated 28 May 14.
Exhibit D.  Letter, SAF/MRBR, dated 4 Oct 14.


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