RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04671 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be reinstated to the rank of E-7 (MSgt) on his military records and his military Identification (ID) card reflect the grade of E-7. He is not seeking any additional retirement pay. APPLICANT CONTENDS THAT: A legal investigation was conducted due to suspected Article 134 violations. The results of the investigation were that a criminal offense did not occur and due to lack of evidence the investigation was closed. He was in the rank of E-7 (MSgt) at the time and dating an E-4 (SrA) who was not in his chain of command. His leadership felt this was unbecoming of a Senior Non-Commissioned Officer. This relationship resulted in a marriage with two children. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 13 Oct 88. On 1 Aug 10, the applicant was promoted to the rank of MSgt. On 19 Jan 11, the applicant was demoted to the rank of E-6 (TSgt) as a result of disciplinary actions. On 31 Jan 11, the applicant requested retirement in lieu of administrative demotion. The applicant’s unit commander, wing commander, and MAJCOM/CV recommended disapproval of the applicant’s request. On 6 May 11, the action was found to be legally sufficient and the applicant’s request was referred to The Secretary of the Air Force Personnel Council (SAF/PC) for further action. On 1 Jun 11, HQ AFPC/DPSOR submitted the applicant’s request for retirement in lieu of administrative demotion to SAF/PC for review. On 28 Jul 11, the applicant’s case was considered by the Secretary of the Air Force Personnel Council and the recommendation made by SAF/PC was that the applicant’s retirement in lieu of demotion be disapproved. On 3 Aug 11, The Secretary of the Air Force disapproved the applicant’s retirement and related request for an active duty service commitment waiver. On 10 Feb 12, The Secretary of the Air Force Personnel Council determined the applicant did not serve satisfactorily in any higher grade and would not be advanced under the provisions of Section 8964, Title 10, United States Code. On 29 Feb 12, the applicant retired from active duty in the grade of E-6 and was credited with 23 years, 4 months, and 18 days of active service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The system reflects no error at the time of the applicant's retirement. Enlisted Airmen who were demoted prior to retirement and did not regain the highest grade held on active duty may be advanced on the retired list as determined by the Secretary of the Air Force (SAF) or designee. When an Airman requests retirement, HQ AFPC/DPSOR (Retirements/Separations Branch) prepares a Satisfactory Service Determination (SSD) package and sends it to the SAF or designee, who determines the highest grade held on active duty in which the Airman served satisfactorily. When the Airman’s active service plus their service on the retired list totals 30 years, they are advanced as determined by the SAF or designee. Per the SAF decision, dated 10 Feb 12, the member did not serve satisfactorily in any higher grade and would not be advanced under the provisions of 10 USC §8964. Because of this decision the member's retirement orders continued to reflect the grade of TSgt/E-6. The member was not advanced on the retired list to the higher grade of MSgt/E-7. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOE recommends denial indicating there is no evidence of an error or an injustice. The applicant contends his demotion was inappropriate since an investigation into suspected Article 134 violations did not support elements of a criminal offense. The applicant was demoted for failure to fulfill NCO responsibilities; specifically participating in unprofessional relationships with individuals who were not his spouse. A legal review was conducted and the demotion action was found to be legally sufficient. The commander acted within his authority in accordance with policies and procedures when he directed the applicant be demoted and his retirement in lieu of demotion was disapproved by the SecAF. A complete copy of the AFPC/DPSOE evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 25 Feb 15, for review and comment within 30 days (Exhibit E). 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 opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt their 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-2014-04671 in Executive Session on 11 Aug 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04671 was considered: Exhibit A. DD Form 149, dated 31 Oct 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 12 Dec 14. Exhibit D. Memorandum, AFPC/DPSOE, dated 16 Jan 15. Exhibit E. Letter, SAF/MRBR, dated 25 Feb 15.