RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  (BC-2003-00209)
            INDEX NUMBER:  128.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The date of his retirement order, special order  AC-023248,  dated  20
Aug 02, be changed to 1 Jun 02 so that the Air Force will pay for  his
final move upon leaving the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was  briefed  incorrect,  inaccurate,  and  incomplete  information
concerning his permanent change of station (PCS) and retirement moving
entitlements.

In order to relocate his family at government  expense,  he  requested
retirement  during  Operation  Stop  Loss  in  order  to  generate  an
entitlement.  However, he was not able to retire  because  his  career
field was impacted by “Stop Loss.”  He attempted to complete a  waiver
request but “Stop Loss” was lifted before he submitted the waiver.

He submitted his retirement papers  a  second  time  and  was  briefed
during the entire process by personnel at his Base traffic  management
office (TMO) that the only  way  to  move  his  family  at  government
expense was to use his retirement orders.  He complied but  was  later
told he had to pay for shipping because his orders were dated after he
arranged to have his household goods moved.

He made hurried arrangements to ship his household goods  due  to  the
desperate need to reunite his family in order to alleviate the  severe
financial strain of two households.  He also set up the move based  on
the many briefings and assurances he was given that the move would  be
paid for.  The cost of the move  $9,055.00  has  placed  a  tremendous
financial hardship on he and his family.

He believes that requiring him to pay for the move is  unjust  because
the military would have paid for the move if  he  had  his  orders  in
hand.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 11 May 81 through 31 Mar  03.
He retired in the grade of major.

Additional relevant facts pertaining to this case are contained in the
evaluation prepared by the appropriate office of the Air  Force  found
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP  recommends  denial  of  the  applicant’s  request.    The
applicant chose to move his family and  household  goods  due  to  the
implementation of Stop Loss in Sep 01; all utilization  of  retirement
orders entitlements was suspended unless one of the following criteria
was met:

          a.  Individual was exempted from Stop Loss.

          b.  A HHG or Stop Loss waiver was approved.

Applicant contends he was in the process of applying for a  Stop  Loss
waiver, but his AFSC was removed from Stop Loss prior to submission of
the actual waiver.  The Military Personnel Flight  (MPF)  briefed  the
applicant that the government would not reimburse him for his move due
to the fact that he did not have retirement orders in  hand  prior  to
movement of his household goods.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the  applicant  requested
an additional 60 days to make his case to the Board.  He  stated  that
he had some additional information that the  Board  should  take  into
account before making its decision.  He also  submitted  a  letter  of
support from his group commander.

The applicant’s complete response, with attachment, is at Exhibit E.

In response to the applicant’s request, the AFBCMR advised him  on  24
Mar 03 that it could not grant the additional 60  days  he  requested.
However, he was advised that he could request temporary withdrawal  of
his application and that he should respond in writing within  15  days
as to his desire.  To date, further response  has  not  been  received
from the applicant.

The AFBCMR response is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by  existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice.  The Board notes that  Operation  Stop
Loss precluded the applicant from using his  entitlement  to  move  his
family and household goods, an entitlement that he still has not  used.
Although there may be some doubt  as  to  the  applicant’s  efforts  to
obtain a waiver, the  Board  finds  it  reasonable  under  the  special
circumstances of Operation Stop Loss that the applicant was  unable  to
process his waiver request before the  program  ended.   As  such,  the
Board believes that to deny the applicant an entitlement that he earned
after 20 years of honorable service and impose the hardship on  him  of
paying for the movement of his household goods is unusually harsh.  The
Board does not believe that this is a fitting conclusion to  a  twenty-
year career and does in fact constitute an  injustice.   Therefore,  in
the interest of equity and  justice,  the  Board  recommends  that  the
applicant’s records be corrected as indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to  show  that  competent  authority
approved his request for  an  Operation  Stop  Loss  waiver,  and  that
Special Order No. AC-023248 was issued on     1 June 2002, rather  than
20 August 2002.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-
00209 in Executive Session on 4 Jun 03, under the provisions of AFI 36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Marcia Jane Bachman, Member
      Ms. Marilyn Thomas, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 31 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPRRP, dated 24 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Feb 03.
     Exhibit E.  Letter, Applicant, 18 Mar 03.
     Exhibit F.  Letter, AFBCMR, dated 24 Mar 03.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-2003-00209


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXXXXXXXX, XXX-XX-XXXX, be corrected to show
that competent authority approved his request for an Operation Stop
Loss waiver, and that Special Order No. AC-023248 was issued on 1
June 2002, rather than 20 August 2002.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency