RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03219

XXXXXXXXXXXXXXX 	COUNSEL: NONE
	
 	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

Her NGB Form 22, National Guard Bureau Report of Separation and Record of Service, be corrected to change her grade from E-3 to E-5. 

APPLICANT’S CONTENTIONS

She transferred from active duty to the Air National Guard (ANG) in 04 and was not able to perform her monthly drills the last few years due to a back injury. During this time she was living in another state and was also experiencing a financial hardship.  Her supervisor authorized her to adjust her drill work schedule but there is no evidence she ever performed the duty. She feels her demotion was an injustice since she was following her supervisor’s advice.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air National Guard airman first class (E-3).

On 12 Jul 04, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Air National Guard in the grade of E-4.

On 9 Sep 06, according to a document provided by the applicant, her commander notified her he was recommending her for discharge from the ANG and transfer to the Individual Ready Reserve due to unsatisfactory participation.  The reason for this action was failure to attend a total of 20 Unit Training Assemblies within the past twelve months without authorization, justification or excuse. During this period the applicant was an E-3.

On 4 Jan 07, according to the NGB Form 22, the applicant was separated from the ANG in the grade of E-3, with a general (under honorable conditions) character of service.  Her reason for separation is “unsatisfactory participation.”  

On 4 Jan 07, according to Special Order XX-XX, dated 17 Jan 07, the applicant was discharged in
the grade of E-3.

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY/GUIDANCE:

AFI 36-2502, Enlisted Airman Promotion and Demotion Programs. Paragraph 9.4, Reasons for Involuntary Demotion. Airman holding a grade higher than Airman (E-2) may be demoted for unsatisfactory participation in reserve training after five unexcused absences (Category “A” unit program) or one unsatisfactory participation year (Category “B” IMA or category “E” Participating IRR), the commander sends the Airman a certified memorandum, return receipt requested, stressing the seriousness of the situation and advising the demotion action is being initiated). The demotion will be effective as soon as practicable after the Airman has been provided the opportunity to exercise his or her rights as defined in the memorandum advising of the intent to demote. The demotion action must be completed prior to separating the Airman.

AIR FORCE EVALUATION

NGB A1PP recommends denying the application. Based on the documentation provided by the applicant and analysis of official records, there is insufficient evidence showing the applicant was ever promoted to the grade of E-5 or that the grade of E-5 was withheld. The applicant entered into the Air National Guard in the grade of E-4 but was demoted to E-3 prior to her discharge on 4 Jan 07.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 11 May 22 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant entered the ANG in the grade of E-4 and there is no evidence she was ever promoted to E-5.  While there is no demotion order to E-3, it appears based on the Letter of Notification provided by the applicant, she was demoted for unsatisfactory participation pursuant to AFI 36-2502, for failure to attend a total of 20 Unit Training Assemblies.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-03219 in Executive Session on 16 JUN 22:

Panel Chair 
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB A1PP, dated 11 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 11 May 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.