RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01673

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her current rank of Senior Airman (E-4) be corrected to Staff Sergeant (E-5).

APPLICANT CONTENDS THAT:

She was involuntarily demoted to Senior Airman (E-4) after she was released to the Inactive Ready Reserve (IRR) on 2 Dec 11.  At the time of her release, she was a Staff Sergeant (E-5).  She did not receive any notice of demotion, nor was she offered the opportunity to appeal the decision.  She was unaware of the involuntary demotion until she retrieved her records from Air Reserve Personnel Center (ARPC).

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

STATEMENT OF FACTS:

On 29 Nov 11, the applicant’s request for reassignment to ARPC was approved by the Commander, 315th Airlift Wing.

On 2 Dec 11, the applicant was relieved from the 315th Aerospace Medicine Squadron and assigned to ARPC by Reserve Order A-19, Assignment Order, in the grade of E-5, Staff Sergeant.

On 26 Sep 14, the applicant was relieved from the 315th Aerospace Medicine Squadron and assigned to ARPC by Reserve Order A-189, Assignment Order, in the grade of E-4, Senior Airman.

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:

AFRC/A1K recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

After a thorough review of the applicant’s records, it was determined she was erroneously demoted.  Air Force Instruction 36-2502, Enlisted Airman Promotion/Demotion Programs (dated 12 Dec 14, Incorporating Change 2, 14 Oct 16), Chapter 9, paragraph 9.4, Reasons for Involuntary Demotion through paragraph 9.4.5.2, outline the reasons for involuntary demotion.  Paragraph 9.5, Who Notifies the Airman of Demotion Action outlines the correct procedures for demotion action.  

The applicant’s unit commander approved her request for reassignment to Air Reserve Personnel Center on 29 Nov 11.  Reserve Order A-19, Assignment Order, transferring the applicant to the IRR, effective 2 Dec 11, reflects the rank of Staff Sergeant.

The Military Personnel Data System shows a demotion date to Senior Airman, effective 13 Jul 12, and a duplicate Assignment Order to the IRR, Reserve Order A-189, dated 26 Sep 14, reflects the lower grade.  However, there is no demotion action/orders for the applicant in Personnel Records Display Application.

A complete copy of the AFRC/A1K 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 29 Dec 16 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.  Sufficient 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 and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant’s record be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to void the involuntary demotion to Senior Airman, reinstate the rank of Staff Sergeant, and reverse any service dates impacted by the erroneous demotion action.

The following members of the Board considered AFBCMR Docket Number BC-2016-01673 in Executive Session on 6 Jun 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01673 was considered:

	Exhibit A.  DD Form 149, dated 12 Apr 16, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, 20 Dec 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 29 Dec 16, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.