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

Summary

Administrative vs Punitive DemotionsTypes of Admin DemotionDemotion PolicyDemotion AuthorityDemotion Process