RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03666 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the grade of technical sergeant (E-6). _________________________________________________________________ APPLICANT CONTENDS THAT: The Demotion Authority cited a rescinded Air Force Instruction (AFI). He notes the AFI that was cited states, “Airmen may be demoted when, after entry into the weight management program, they cannot maintain body fat standards as outlined in AFI 40- 502, Air Force Weight Management Program (formerly AFR 35-11).” The demotion was based on an AFI which was not legal for over 4 years due to it being rescinded on 1 Jan 04. He received an e- mail from the Air Force Personnel Center (AFPC) stating the absence of supporting documentation for the demotion in his personnel record identifies that parts of the governing AFI were not followed. In support of his request, the applicant provides copies of e- mail communications and a copy of his demotion decision letter. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 26 Jun 91. The applicant was demoted to staff sergeant on 18 Jul 08 as a result of punishment imposed by his commander for failing to maintain physical fitness standards. The applicant also received four referral Enlisted Performance Reports (EPRs) during the period of 15 May 07 and 21 Aug 10 for failing to maintain physical fitness standards. His retirement order, dated 18 Aug 10, reflects he was retired in the grade of staff sergeant (E-5) effective 1 Jul 11. He served 20 years and 5 days on active duty. On 20 Apr 11, a special order to amend his retirement order was generated that states, “REMARKS: AS READS: “HIGHEST GRADE HELD ON ACTIVE DUTY: SSGT (E-5)” IS AMENDED TO READ: “HIGHTEST GRADE HELD ON ACTIVE DUTY: TSGT (E-6)”. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. The applicant was demoted to staff sergeant because he was unable to maintain his fitness. The demotion AFI in effect at the time was AFI 36-2503, dated 13 Jul 94; paragraph 3.4.1 references AFI 40-502, which had been changed to AFI 10-248, effective 25 Sep 06, and is now AFI 36-2905 (effective 1 Jul 10). Since the demotion AFI was not rewritten until 31 Dec 09, its reference to AFI 40-502 at the time of the demotion action was valid. Regardless of how the Instruction was designated/labeled, the fact remains that the applicant failed to meet AF fitness standards and his commander had the authority to administratively demote him for that reason. The complete DPSOE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Nov 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 timely filed. 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. 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-2011-03666 in Executive Session on 15 Mar 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 4 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 10 Nov 11.