Overview
Administrative vs Punitive DemotionsTypes of Admin DemotionDemotion PolicyDemotion AuthorityDemotion Process
MP 1: Admin Vs Punitive
Administrative demotions are not punitiveAdministrative demotion can be used to correct
behaviorPunitive 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
InvoluntaryTo correct behavior after less severe measures have
failedUnsatisfactory participation (6 or more unexcused
absences from UTA)Failure to fulfill NCO responsibilitiesFailure to meet fitness standardsFailure to complete trainingFailure 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 personnelExample: First Sergeant position
*Without abandonment of a claim, privilege, or right, and without an admission of liability
Basis for Demotion Based on factMust have occurred during members current
enlistment/extensionException: new evidence surfaces after enlistment
Demotion Action Must be completed during enlistment/extensionDemotion 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 & belowSquadron commanders recommend demotion
action
MP 4: Demotion Authority
Authority must be convincedMust have sufficient reasonDemotion authority may consider everything in
member’s fileDoes not have to determine what may be
admissible in courtRemember no law was broken or UCMJ/SCMJ not
violated, hence administrative
MP 5: Demotion Process
Immediate CommanderConsult with servicing Staff Judge AdvocateInform member in writing in person or by certified
mailState specific reasonsProvide factsInform member of right to legal counselProvide concurrence instructionsProvide acknowledgement of receipt instructions
MemberAcknowledge receipt within 5-days of deliveryMay consult with counsel before electing to
concur or nonconcur with recommendationSubmit documentation on his/her behalf within
specified timeMay 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 AuthorityLegal reviewRender decisionReturn to FSS
FSSNotifies the immediate commander of decisionSends squadron/member a copy of demotion
order
MP 5: Demotion Process
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