RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02320 INDEX CODE: 111.02 XXXXXXXXXXXXXXXXXX COUNSEL: XXXXXX HEARING DESIRED: UNKNOWN ________________________________________________________________ _ APPLICANT REQUESTS THAT: His rank to master sergeant be reinstated and he receive full Unit Training Assembly (UTA) and Annual Tour (AT) pay restitution since his demotion effective date. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was punished several times for the same offense. He had never received a Letter of Reprimand (LOR) prior to this issue. His last Senior Enlisted Performance Report and Civilian Rating Record was top notch. He was rated for immediate promotion on the military side as an Air Reserve Technician (ART) and received a superior performance award on the civilian side. In support of his appeal, the applicant submits copies of two Senior Enlisted Performance Reports; a Civilian Rating Record; Awards and Decorations Information; time line of events; documents surrounding his demotion, three-day suspension, and reinstatement of his security clearance; a Bank of America credit card statement; Government Travel Card (GTC) policy; Government Charge Card Disciplinary Action Policy for Civilian Employees; and his Air Force Commendation Medal citation and order. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The Military Personnel Database indicates the applicant is currently serving in the Air Force Reserve in the grade of technical sergeant (E-6) with an effective date and date of rank of 7 November 2005. He has a projected date of separation of 10 January 2009. As of 14 November 2007, the applicant has 30 years and 4 months of satisfactory federal service. The applicant’s military personnel records are not available for review; however, according to military documents provided by the applicant, he was notified on 14 September 2005 of his commander’s intent to demote him from master sergeant (E-7) to technical sergeant (E-6) under Air Force Instruction (AFI) 36- 2503 (Administrative Demotion of Airmen), Section B, paragraph 17.2; and, AFI 36-2618 (The Enlisted Force Structure), Chapter 4, Section 4.1.1, 4.1.2.3 regarding financial problems; and Chapter 5, paragraph 5.1.6 regarding Senior Non-commissioned Officer Responsibilities. The specific reason for demotion was abuse of his GTC. Specifically, use of his GTC for cash advances and unauthorized purchases while not on official government travel and repeated withdrawals over and above established per diem rates. His commander’s letter noted the applicant had been briefed on several occasions during his military career regarding official uses of the GTC and that he had received an LOR for similar actions on 14 July 2001. The applicant acknowledged receipt of the notification and indicated he nonconcurred with the action, that he would submit documentation in his own behalf, had consulted with legal counsel, requested a personal hearing, and that he would not elect retirement in lieu of the demotion action. A letter from the Information Security Program Manager, dated 21 December 2005, indicates the applicant subsequently received a Letter of Involuntary Demotion dated 25 October 2005. ________________________________________________________________ _ AIR FORCE EVALUATION: AFRC/A1B recommends denial of the applicant’s request. A1B states based on the information made available by the applicant, it is evident he was afforded and received fair and due process. The applicant’s commander followed all guidelines provided in accordance with AFI 36-2503 and exercised appropriate judgment in relation to the offenses. The decision to demote the applicant was not related to the suspension of his security clearance. Restoring the applicant’s grade to master sergeant would undermine the commander’s prerogative to dispense disciplinary action for the respective offenses. The A1B evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant feels he has been punished more severely than deserved. No one explained to him that his retirement grade would also be affected. His family financial circumstances and welfare played a large part in why this situation happened. He didn’t use his GTC for personal gain. He only used it as a result of the financial crisis his family was going through. He is sorry he is in this situation and apologizes for his actions. He is looking forward to retiring this coming November 2008, and hopes that he will be able to retire in the rank of master sergeant. ________________________________________________________________ _ 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. Due to the limited records available and based upon the presumption of regularity in the conduct of governmental affairs, we must assume that the applicant's demotion was proper and in compliance with appropriate directives. The applicant did not provide persuasive evidence showing the information surrounding his demotion was erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority. We find no evidence of error or injustice in the available records and without evidence to support the applicant's appeal; we find no basis upon which to favorably consider this application. Accordingly, we find no compelling basis to recommend granting the relief sought in this application. __________________________________________________________________ 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 in Executive Session on 24 January 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-02320: Exhibit A. DD Form 149, dtd 29 Jun 07, w/atchs. Exhibit B. Letter, AFRC/A1B, dtd 7 Nov 07. Exhibit C. Letter, SAF/MRBR, dtd 16 Nov 07. Exhibit D. Applicant’s Rebuttal, dtd 14 Dec 07.