RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04582 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her pay grade be restored to technical sergeant (E-6). _________________________________________________________________ APPLICANT CONTENDS THAT: She asked for help; however, people were reluctant to get involved. She claims she was falsely accused for not participating in training. She provides 20 pages of her Military Leave and Earning Statements (LES) that show she earned 113 retirement points in 1994-1995 timeframe. In support of her request, the applicant provides a copy of her involuntary demotion order, a copy of NRPCC 1070/124, Naval Reserve Personnel Center Annual Retirement Point Record, a copy of a letter from the Naval Reserve Force Commander, an excerpt from AFI 36-2503-, Administrative Demotion of Airmen, and copies of her LES. Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to the Military Personnel Data System (MilPDS) the applicant has 21 years of satisfactory service and is waiting retirement in the grade of airman first class (E-3). H Reserve Order A-287, dated 12 Jul 95, reflects that she was involuntarily demoted from technical sergeant (E-6) to staff sergeant (E-5). However, her record is absent on further demotion actions. class. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. A1K states that under the Air Force Reserve Demotion Policy, airmen are afforded the opportunity to appeal demotions. A1K attempted to obtain demotion appeal documentation in support of her request; however, the applicant was unavailable for questioning. The AFRC/A1K complete evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 May 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of 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 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. _________________________________________________________________ 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-2010-04582 in Executive Session on 12 Oct 11, under the provisions of AFI 36-2603: The following documentary evidence for Docket Number BC-2010-04582 was considered: Exhibit A. DD Form 149, dated 27 Nov 10, w/atchs. Exhibit B. Letter, AFRC/A1K, dated 21 May 11, w/atch. Exhibit C. Letter, SAF/MRBR, dated 27 May 11.