Overview  Administrative vs Punitive Demotions  Types of Admin Demotion  Demotion Policy  Demotion Authority  Demotion Process

MP 1: Admin Vs Punitive  Administrative demotions are not punitive  Administrative demotion can be used to correct behavior  Punitive demotion is to punish the member because a law was broken or a violation of SCMJ/UCMJ occurred  Applies to grades E-2 through E-9

MP 2: Types of Admin Demotion  Involuntary  To correct behavior after less severe measures have failed  Unsatisfactory participation (6 or more unexcused absences from UTA)  Failure to fulfill NCO responsibilities  Failure to meet fitness standards  Failure to complete training  Failure to attain grade/skill relationship

MP 2: Types of Admin Demotions  Voluntary (*without prejudice)  Change of assignment (job position)  DSG FSS position to full-time MX position  Max tour length for full-time personnel  Example: First Sergeant position *Without abandonment of a claim, privilege, or right, and without an admission of liability

 Basis for Demotion  Based on fact  Must have occurred during members current enlistment/extension  Exception: new evidence surfaces after enlistment  Demotion Action  Must be completed during enlistment/extension  Demotion action must reflect member’s appropriate grade MP 3: Demotion Policy

MP 4: Demotion Authority  The State Adjutant General (TAG) exercises demotion authority  May delegate demotion authority to wing/group commanders for TSgt & below  Squadron commanders recommend demotion action

MP 4: Demotion Authority  Authority must be convinced  Must have sufficient reason  Demotion authority may consider everything in member’s file  Does not have to determine what may be admissible in court  Remember no law was broken or UCMJ/SCMJ not violated, hence administrative

MP 5: Demotion Process  Immediate Commander  Consult with servicing Staff Judge Advocate  Inform member in writing in person or by certified mail  State specific reasons  Provide facts  Inform member of right to legal counsel  Provide concurrence instructions  Provide acknowledgement of receipt instructions

 Member  Acknowledge receipt within 5-days of delivery  May consult with counsel before electing to concur or nonconcur with recommendation  Submit documentation on his/her behalf within specified time  May request personal interview with immediate commander MP 5: Demotion Process

 After assessment of member’s response the immediate commander could:  Terminate action  Proceed with demotion and forward to FSS  FSS reviews package then forwards package to the demotion authority MP 5: Demotion Process

 Demotion Authority  Legal review  Render decision  Return to FSS  FSS  Notifies the immediate commander of decision  Sends squadron/member a copy of demotion order MP 5: Demotion Process

Summary  Administrative vs Punitive Demotions  Types of Admin Demotion  Demotion Policy  Demotion Authority  Demotion Process