RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-00986
						COUNSEL:  NONE
                      				HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Demotion Order ABE3-01, dated 31 October 2012, be revoked 
and he be returned to the rank of master sergeant (E-7) 

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APPLICANT CONTENDS THAT:

Due process was not followed to request demotion as referenced 
under Air National Guard Instruction (ANGI) 36-2503.  There was 
no documentation leading up to or warranting demotion, no 
supporting documentation of rehabilitation or probation actions, 
and no opportunity to overcome deficiencies.  In addition, the 
demotion order was not signed by the correct authority in 
accordance with ANGI 36-2503.  

In support of his appeal, the applicant provides copies of 
Notification of Involuntary Demotion Action, Defense Counsel 
Memorandum, Special Order ABE3-01, Letter of Appeal, and letters 
of support.  

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

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STATEMENT OF FACTS:

The applicant is currently a member of the Massachusetts Air 
National Guard (ANG) serving in the grade of technical sergeant 
(E-6).  

On 9 August 2012, the applicant was notified of his commander’s 
intent to demote him from the grade of master sergeant to 
technical sergeant for lack of leadership skills, failure to set 
a proper example for his team, and conduct unbecoming of a 
senior non-commissioned officer (SNCO) who has had a negative 
impact upon good order and discipline within the squadron.  His 
commander indicated that despite several mentoring efforts and 
preparation of an improvement plan, the applicant failed and 
refused to live up to the standards imposed upon him by Air 
Force Instruction 36-2618, Chapter 5, and the proud tradition of 
SNCOs.  

On 31 October 2012, the applicant was demoted to the grade of 
technical sergeant by order of The Adjutant General (TAG) of 
Massachusetts.  

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AIR FORCE EVALUATION:

NGB/A1PP recommends denial.  A1PP states the applicant was 
notified by his commander of the recommendation of involuntary 
demotion action resulting from his continued violation of SNCO 
responsibilities by the operation of his personal motor vehicle 
on the installation with an expired inspection sticker which was 
in direct violation of several orders from his superiors not to 
operate the vehicle on the installation until he obtained a 
valid inspection sticker.  His commander also identified the 
applicant’s lack of leadership skills and failure to set a 
proper example to his team resulting from this issue.  

The Defense Counsel of the 104th Fighter Wing recommended the 
demotion be terminated immediately noting the demotion as 
deficient for several reasons.  The applicant’s commander and 
the Joint Force Headquarters (JFHQ) of Massachusetts non-
concurred with the Defense Counsel stating the demotion was 
warranted.  In addition, the JFHQ Staff Judge Advocate negated 
all contentions by the Defense Counsel.  

The complete A1PP evaluation, with attachments, is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 15 March 2013, for review and comment within 30 
days (Exhibit D).  As of this date, this office has received no 
response.

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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 an 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 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.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-00986 in Executive Session on 14 November 2013, 
under the provisions of AFI 36-2603:

	                        , Panel Chair
	                        , Member
	                        , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-00986:

Exhibit A.  DD Form 149, dated 10 Feb 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, NGB/A1P, dated 13 Mar 13, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 13.




                  
Panel Chair