RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02600
                                             INDEX CODE:  131.05
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED: YES

__________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force pay for him, his family, and their household goods (HHG)  to
be shipped back to Okinawa, Japan,  or  wherever  else  he  chooses  as  a
retirement location.

__________________________________________________________________

APPLICANT CONTENDS THAT:

He had a retirement date of 31 August 2003, 116 days  of  terminal  leave,
and 30 days permissive temporary duty (PTDY) already approved when the  13
March 2003 Stop Loss message was released.  He didn’t receive  a  copy  of
the Stop Loss message until after the Retirements and Separations  section
cancelled his retirement and put his out-processing on hold.  He  withdrew
his retirement  paperwork  so  he  could  get  his  promotion  eligibility
reinstated for the 03E9 promotion cycle.  After he  got  retainability  to
withdraw his retirement, he was given a stateside  assignment.   According
to the 13 March 2003 Stop Loss message, members will not be placed on stop
loss if they depart before 2 May 2003 on terminal leave or PTDY  which  is
immediately followed by terminal leave.  The message also  states  members
having an approved  retirement/separation  date  before  2  May  2003  may
continue to ship household goods  or  depart  on  permissive  TDY/terminal
leave.  He had an approved retirement date and retirement orders as of  18
February 2003.  In addition, he was departing on PTDY immediately followed
by terminal leave on 8 April 2003, prior to the 2 May  2003  cutoff  date.
The Stop Loss message also states  in  paragraph  Q,  “members  that  were
involuntarily extended in the military under the 21  September  2001  Stop
Loss and have an established retirement date as of 2 May 2003 will not  be
involuntarily extended by this Stop Loss message.”   His  31  August  2002
retirement was cancelled and he was voluntarily extended in  the  military
by the 21 September 2001 Stop Loss, and, he had an established  retirement
date of 31  August  2003  as  of  18 February  2003.   Therefore,  he  was
improperly retained in the Air Force under the 13  March  2003  Stop  Loss
message.  The applicant’s complete submission,  with  attachments,  is  at
Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

On 25 March 1977, the applicant enlisted in the Regular  Air  Force  at  the
age of 19 in the grade of airman basic (E-1) for a  period  of  four  years.
He was  progressively  promoted  to  the  rank  of  Senior  Master  Sergeant
effective and with a date of rank of 1 August 1999.

The applicant was  non-selected  for  promotion  by  the  02E9  Supplemental
Evaluation Selection Board and the 03E9 Central Evaluation Board.

On 1 August 2004, the applicant was notified  that  the  Evaluation  Reports
Appeal Board (ERAB) approved voiding his  8  September  2002  EPR;  however,
they disapproved his request for supplemental  promotion  consideration  for
the 03E9 Central Evaluation Board because  the  corrective  action  was  not
initiated prior to the original central evaluation board.

On 4 October 2004, the applicant  was  notified  by  AFPC/DPPPWM,  that  his
records would be considered on 2 May 2005 for  03E9  supplemental  promotion
consideration due to his voided EPR.

The applicant  was  honorably  discharged  from  active  duty  effective  30
September 2004 and retired effective 1 October 2004.  He served 27 years,  3
months, and 7 days on active duty.

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPR recommends denial of the applicant’s request.   DPPR  states  that
while the applicant claims he should  have  been  authorized  to  depart  on
PTDY/Terminal Leave in April 2003, there are no supporting documentation  or
evidence  that  he  was  approved  for  PTDY/Terminal  Leave  prior  to  the
implementation of  Stop  Loss  on  2  May  2003.   Based  on  his  voluntary
withdrawal in July 2002 of his previous retirement application,  he  was  no
longer exempt from the provisions of Message #1 (OEF-I) Air Force Stop  Loss
Approval  and  Guidance  dated  13  March  2003.   Additionally,  having  no
evidence of approved  PTDY/Terminal  Leave,  he  remained  affected  by  the
provisions under the same message.

DPPR states that in accordance with the JFTR,  members  are  entitled  to  a
home of selection (HOS) which is  anywhere  within  the  Continental  United
States (CONUS) including Alaska  and  Hawaii.   Retiring  members  are  also
entitled to move to their place  of  enlistment  (POE)  or  home  of  record
(HOR).  The applicant’s POE and HOR are the state  of  Missouri;  therefore,
he is not entitled to HHG shipment to an overseas location.

DPPR states the applicant had the option to request either a waiver  to  the
Stop Loss policy, extend his  approved  retirement  date,  or  withdraw  his
retirement request.  He  voluntarily  requested  to  withdraw  his  approved
retirement  on  two  separate  occasions  and  subsequently   requested   an
assignment to a stateside base.  It is DPPR’s  opinion  that  the  applicant
provides no facts warranting an exception to the  JFTR  and  should  not  be
provided an opportunity that other Air Force members are not given.

The DPPR evaluation, with attachments, is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Any action he took (like withdrawing his  retirement  in  July  2003)  would
never have occurred if he were not wrongfully affected  by  the  March  2003
Stop Loss.  His approved AF Form  988s  for  his  PTDY/Terminal  Leave  were
retained by the Military Personnel Office (MPF) Retirements and  Separations
section for their use.  When he was wrongfully subjected to Stop  Loss,  the
paperwork was not given back to him.   When he withdrew  his  retirement  in
July 2003 to make himself eligible for  promotion,  the  MPF  destroyed  the
documents.  He has  supplied  documents  showing  where  Special  Operations
Component,  United  States  Pacific  Command  (SOCPAC)  and  his   commander
approved his overseas PTDY and Terminal Leave Force  Protection  Plan  (FPP)
for April-June 2003 for the purpose of house/job hunting.  They would  never
have  approved  his  FPP  had  his  commander  not  already   approved   his
PTDY/Terminal Leave.  All the documents he  has  provided  in  his  original
package clearly shows he had 30 days PTDY and 116 days  of  Terminal  Leave.
His PTDY was scheduled from 8 April 2003 to 7  May  2003  and  his  Terminal
Leave was scheduled 8 May 2003 to 31 August  2003.   AFPC/DPPR  knows  this,
and they are just trying to cover up their mistake of  wrongfully  retaining
him in the Air  Force  under  the  May  2003  Stop  Loss.   The  applicant’s
rebuttal, with attachments, is at Exhibit E.

__________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to  demonstrate  the
existence of error or injustice.  The  applicant  requests  that  the  Air
Force pay for him, his family, and his HHG to be shipped back to  Okinawa,
Japan, or to whatever location he chooses.  We note that since the  filing
of this appeal, the applicant retired effective 1 October 2004.  Prior  to
his retirement, the Air  Force  granted  the  applicant’s  request  to  be
stationed stateside, after he applied for a one-year extension,  in  order
to transition to “stateside way of life.”  After thoroughly reviewing  the
evidence of record, we find no evidence to show that the applicant was not
afforded the same opportunity for shipment of HHG allowed by the JFTR,  as
any  other  member  in  his  situation.   Therefore,  we  agree  with  the
recommendations of the Air Force and adopt the rationale expressed as  the
basis for our decision that the applicant has failed to sustain his burden
that he has suffered either an error or an  injustice.   In  view  of  the
foregoing, we conclude that no basis  exists  to  recommend  granting  the
relief sought in this application.

4.  The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or without counsel  will  materially
add to our understanding of the issues involved.  Therefore,  the  request
for a hearing is not favorably considered.

__________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

__________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 February 2005, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Mr. Gregory A. Parker, Member
            Mr. Christopher D. Carey, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2004-02600
was considered:

      Exhibit A.  DD Forms 149, dated 16 Aug 04, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPWB, dtd 24 Aug 04, with atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.
      Exhibit E.  Applicant’s Rebuttal, dtd 17 Sep 04, with atchs.
      Exhibit F.  Applicant’s Rebuttal, dtd 6 Oct 04, with atchs.




                             MICHAEL K. GALLOGLY
                                             Panel Chair