Overview

Demotion PolicyDemotion AuthorityReasons for DemotionDemotion Process

MP 1: Demotion Policy

• Administrative not Punitive– Administrative can be used to correct behavior– Punitive demotion is to punish the member

• Must Not be Used in Lieu of Disciplinary Actions Punishable Under the Appropriate SCMJ/UCMJ

• Applies to Grades E-2 through E-9

• Used as a Corrective Tool

• Basis for Demotion – Must Occur During Members Current Enlistment /

Extension

• Demotion Action – Must Be Completed During

Enlistment / Extension– Demotion action must reflect member’s

appropriate grade

MP 1: Demotion Policy

MP 2: 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 2: 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• WHY NOT?

MP 3: Reasons For Demotion

• Failure to Fulfill NCO Responsibilities• Unsatisfactory Participation• Failure to meet fitness standards

MP 3: Reasons for Demotion

• Failure to Complete Training• Failure to Attain and Maintain Grade/Skill

Relationship• Voluntary Change of Assignment• AGR Priority Placement Program Position

Declination• Expiration of ANGI 36-2101, Assignments

Within the ANG-Overgrade Status

MP 4: 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 specified time– 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 4: Demotion Process

• After Assessment of Member’s Response the Immediate Commander Could:– Terminate Action – Forward to MPF

• MPF Reviews Package then Forwards Package to the Demotion Authority

MP 4: Demotion Process

• Demotion Authority– Legal review– Render decision– Return to MPF

• MPF– Notifies the immediate commander of decision– Sends squadron/member a copy of demotion order

MP 4: Demotion Process

Summary

Demotion PolicyDemotion AuthorityReasons for DemotionDemotion Process