RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04711
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His claims for Retroactive Stop Loss Pay be approved for the
periods 25 September 2001 to 30 September 2002 and, 8 January
2003 to 11 July 2003.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was involuntarily mobilized in support of Operation ENDURING
FREEDOM (OEF). He did not have the retainability to deploy and
was involuntarily reenlisted on 25 September 2001 upon boarding
the plane. This involuntary reenlistment is not annotated in the
remarks section of his DD Form 4, Enlistment/Reenlistment
Document Armed Forces of the United States, and, as such, makes
him ineligible for Retroactive Stop Loss Pay. He believes that
based upon his military records, he should qualify for
Retroactive Stop Loss Pay for his 2001-2002 and 2003 deployments
in support of OEF and Operation IRAQI FREEDOM (OIF).
In support of his request, the applicant provides copies of his
claims for Retroactive Stop Loss Pay; his DD Forms 214, Certificate of Release or Discharge from Active Duty; and his
reenlistment contract.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air National Guard who
was transferred to the Retired Reserve effective 18 October 2009
in the grade of senior master sergeant (E-8). According to the
DD Forms 214, provided by the applicant, he was recalled to
active duty and deployed for the periods 25 September 2001 to
30 September 2002, in support of OEF; and, from 8 January 2003 to
11 July 2003, in support of OIF.
The remaining relevant facts, extracted from the applicants
master military personnel records, are contained in the Air Force
evaluation at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the applicant
voluntarily extended his enlistment on National Guard Bureau
(NGB) Form 66, Extension of Enlistment in the Air National Guard
and as a Reserve of the Air Force, from 18 October 1996 to
18 October 2002, making him ineligible for Retroactive Stop Loss
Pay for the period 25 September 2001 to 30 September 2002. His
subsequent voluntary reenlistment for six years makes him
ineligible for both periods of active duty. The applicant has
not provided supporting documentation to show he was
involuntarily extended past an approved separation/retirement
date. He completed his enlistment and reenlisted for another six
years in 2007, retiring on 18 October 2009.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 January 2011 for review and comment within 30 days (Exhibit
D). As of this date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We note the
applicant asserts he was involuntarily reenlisted on 25 September
2001; however, we find no evidence to support his contention.
Therefore, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2010-04711 in Executive Session on 8 September 2011,
under the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-04711:
Exhibit A. DD Form 149, dated 14 Nov 10, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 5 Jan 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 11 Jan 11.
Vice Chair
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