RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01500
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid Stop Loss payments for the period of 1 Oct 02 until
17 Jan 10.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 2001, he was selected for discharge with a retirement date of
8 Apr 02. In Mar 02, he was informed that his Air Force
Specialty Code (AFSC) was entered in the Stop Loss and he would
not retire.
On 22 Apr 02, he was placed on active duty in support of
Operation Nobel Eagle. From Feb 03 to Sep 04, he was
involuntarily placed on partial mobilization status in support of
Operation Enduring Freedom. After the expiration of his partial
mobilization status, he returned to active duty in support of
Operations Enduring/Iraqi Freedom. He remained on active duty
orders until 17 Jan 10.
He was approved for Stop Loss payments from Apr 02 to 1 Oct
02 (his promotion date). He feels the decision to discontinue
his Stop Loss payments, because he was promoted, was unjust. On
the date he was promoted, his AFSC was still on Stop Loss and he
could not retire. His AFSC was eventually released from Stop
Loss, but not before he was partially mobilized. The earliest
date he could have retired was Sep 04, after his release from
partial mobilization status.
He feels he should be paid from the date he entered active duty
until his final release from active duty (Apr 02 to Jan 10).
In support of his request, the applicant submits copies of his
Stop Loss Payment program application letters and special orders.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 Jan 10, the applicant retired from the Air Force Reserves
in the grade of lieutenant colonel.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPTT recommends denial. DPTT provides the following
facts pertaining to the applicants case:
The Air Force Stop Loss was effective from Sep 01 to Sep
02 and again from May 03 to Jun 03. Public Law 111-32, Section
310, requires a members period of obligated service to be
extended or retirement suspended under a Stop Loss authority to
be eligible for special pay.
Officers have an indefinite appointment. The applicant was
notified of his second deferral for promotion to Lt Col in Aug
01 and given a Mandatory Separation Date (MSD) of 8 Apr 02. His
involuntary retirement was delayed due to Stop Loss. Special
Order (SO) RV-15, dated 18 Apr 02, put him on active duty for the
period of 22 Apr 02 to 7 Sep 02. The order was later amended to
31 Oct 02. He was promoted to Lt Col on 1 Oct 02 and a MSD of
31 Jul 06 (age 60) was established. He was no longer being
retained past an approved retirement date. He was released from
active duty on 31 Oct 02.
Effective 1 Nov 02, the applicant was again placed on active
duty. In 2006, under Title 10, Section 14703, his MSD was
extended to 31 Jul 08. In 2008, he requested another extension
under the same section of law and it was approved to 31 Jul 10.
DPTT states no error or injustice occurred. The applicant was on
partial mobilization. After his promotion, he was no longer
being retained past his approved separation date as a result of
Stop Loss. He was paid for his involuntary extension on active
duty from Apr 02 through Sep 02.
The complete DPTT evaluation is at Exhibit B.
_________________________________________________________________
21
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicanton 20 May 11,for review and comment within 30 days. As of this
date, this office has received no response (Exhibit C).
THE BOARD CONCLUDES THAT:
1.The applicant has exhausted all remedies provided by existinglaw or regulations.
2.The application was timelyfiled.
3.Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
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 this application inExecutive Session on 16 Feb 12,under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
3
The following documentary evidence was considered in AFBCMR BC-
2011-01500:
Exhibit A. DD Form 149, dated 1 Apr 11, w/atchs.
Exhibit B. Letter, HQ AFRC/DPTT, dated 13 May 11.
Exhibit C. Letter, SAF/MRBR, dated 20 May 11.
Panel Chair
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