RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00394 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: His demotion to the grade of Technical Sergeant (TSgt) be declared void and removed from his record. APPLICANT CONTENDS THAT: The administrative methods and procedures used in his demotion were flawed. The AF Form 3070B, Record of Nonjudicial Punishment Proceedings (MSgt thru CMSgt), is prescribed by AFI 51-202, Nonjudicial Punishment, which is not applicable to Air National Guard (ANG) members not on extended active duty orders. In addition, he was not advised of his avenues of appeal, progressive disciplinary actions appropriate for the severity of the punishment were not used, and the penalty assessed under the Oregon Code of Military Justice (OCMJ) were disproportional to the alleged offense. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the ANG on 4 Feb 77. On 13 Nov 14, the applicant’s commander punished him through nonjudicial punishment under Article 15 of the Oregon Code of Military Justice (OCMJ). The applicant chose not to appeal the commander’s decision. His punishment was immediate reduction in grade from Master Sergeant (MSgt) to TSGT. The reasons for taking this action were: a.  On 20 Sep 13, he willfully disobeyed a lawful order from his superior commissioned officer to cease and desist his harassment of a female MSgt, in violation of Article 90, OCMJ. b.  On 20 Sep 13, he willfully disobeyed a lawful order from a Chief Master Sergeant (CMSgt) to cease and desist in his unwelcomed unprofessional communication with a female MSgt, in violation of Article, 91 OCMJ. c.  Between on or about 20-23 Jun 13, he willfully disobeyed a lawful order from a Senior Master Sergeant (SMSgt) and a CMSgt to cease and desist in his unwelcomed romantic pursuit of a female MSgt, in violation of Article 91, OCMJ. d.  Between on or about 22 Jul-2 Aug 13, he willfully disobeyed a lawful order from a SMSgt and a CMSgt, to cease and desist in his unwelcomed romantic pursuit of a female MSgt, in violation of Article 91, OCMJ. e.  Between 1 Jul 13 and 30 Sep 13, he violated AFI 36-2909, Professional and Unprofessional Relationships, by wrongly persisting in an attempt to enter into a personal relationship with a peer in his squadron, in violation of Article 92, OCMJ. f.  On or about 20 Sep 13, he failed to comply with lawful orders not to harass a female MSgt who was a peer and co-worker in his squadron, conduct which was prejudice to good order and discipline, in violation of Artic 134, OCMJ. On 19 Nov 13, the case was reviewed and determined to be legally sufficient, with reservations. The legal reviewers reservations included that the applicant’s commander used an active duty Article 15 form for administering the punishment rather than the locally developed Oregon form; the evidence against the member was not attached; the wording of the allegations was somewhat non-standard; and, the punishment was in a non-standard format. Under Special Order AA-012, dated 13 Dec 13, by order of the Governor of Oregon, the applicant was demoted to the TSgt, effective 13 Dec 13. Under Special Order EL-2686, dated 6 Apr 15, the applicant retired in the grade of TSgt, effective 10 May 15. 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: NGP/A1PP recommends denial indicating there is no evidence of an error or an injustice. ANGI 36-2503, Administrative Demotion of Airmen, states “Do not use administrative demotions when it is more appropriate to take actions specified under the applicable state military code or the Uniform Code of Military Justice (UCMJ), when applicable,” and “Depending upon an ANG enlisted member’s military status, a member reduced in grade by court martial, judicial or non-judicial punishment under the UCMJ or State Military Code, is demoted to the same grade as a Reserve for the Air Force in the Air National Guard of the United States (ANGUS).” In addition, ORANGI 51-201, Oregon Code of Military Justice, provides authority and guidance for imposing administrative punishment, nonjudicial punishment and demotions, and further supports the decision of the applicant’s commander. Despite the applicant’s contention the progressive disciplinary action preceding this action was insufficient to support the severity of his punishment, he received a No Contact Order on 7 May 13, an LOR on 3 Aug 13 for violating the No Contact Order, and another LOR on 11 Aug 13 for violating the No Contact Order again. The decision was reviewed for legal sufficiency by the Joint Forces HQ Oregon Judge Advocate and approved by the Commander, ANG. A complete copy of the NGP/A1PP evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Oct 15 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 NGP/A1PP and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. 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-2015-00394 in Executive Session on 9 Dec 15 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 26 Jan 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGP/A1PP, dated 3 Apr 15, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 28 Oct 15.