RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03194 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be paid Retroactive STOP LOSS pay for the period 11 September 
2001 to 31 October 2004. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

During the period specified, he was recalled to regular active 
duty under the Limited Period Recall Program. His original 
orders were for a period of 42 months with an Expiration Term of 
Service (ETS) of 31 October 2000. An amendment to those orders 
involuntarily extended him from a period of 42 months to a total 
of 90 months, with a new ETS of 31 October 2004. While he hadn’t 
applied for retirement, he remained on active duty well beyond 
the timeline of his original recall orders. Based on the 
published criteria for the eligibility of Retroactive STOP LOSS 
Pay Compensation, he clearly meets the required eligibility. 

 

In support of his request, the applicant provides a copy of his 
disapproval package for Retroactive STOP LOSS Pay from the Air 
Force Personnel Center (AFPC). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Air Force Reserve who 
retired effective 1 November 2010, in the rank of chief master 
sergeant (E-9). He was voluntarily recalled to active duty 
effective 1 May 1997 from the Air Force Reserve (AFRES) for 
42 months as authorized under Title 10, United States Code (USC), 
Section 672(d), (voluntarily recalled to active duty). His 
military record indicates his status as Functional Category X 
(personnel of the Air Force Reserve and Air National Guard 
serving on active duty under Title 10, USC, Section 672(d), later 
renumbered Title 10, USC, Section 12301(d)), his service 
component as “V” (Reserve), and his date of separation (DOS) code 
as “39” (voluntarily recalled to active duty “for organizing, 
administering, etc., Reserve Components”). Both his initial 
31 October 2000 DOS and his voluntary extension to 31 October 
2004 were established under the voluntary authority in Title 10, 
USC, 672(d). 

 


The remaining relevant facts, extracted from the applicant’s 
military service records, are contained in the Air Force 
evaluation at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOR recommends denial. DPSOR states that Retroactive STOP 
LOSS payments are authorized for members who applied for 
separation or retirement to be effective on or after 2 October 
2001; or, on or after 2 May 2003, whose separation or retirement 
was suspended for STOP LOSS. Members holding Air Force Specialty 
Code (AFSC) 3S000 (Personnel Systems Manager) who requested a 
separation or retirement to be effective on or after 2 October 
2001, had their separations or retirements suspended for STOP 
LOSS. AFSC 3S000 was released from STOP LOSS on 22 June 2002 and 
those members whose separations or retirements were suspended for 
STOP LOSS were authorized to separate or retire not later than 
31 December 2002. AFSC 3S000 was not subject to the 2 May 2003 
STOP LOSS. Members holding AFSC 3S000 who requested separation 
or retirement on or after 2 October 2001 and had their separation 
or retirement suspended for STOP LOSS, and who separated or 
retired not later than 31 December 2002, may be authorized 
Retroactive STOP LOSS Payment. 

 

STOP LOSS was not in effect when the applicant was voluntarily 
recalled to active duty (1 May 1997) to a 31 October 2000 DOS, or 
when his tour was voluntarily extended (24 September 1999) to a 
31 October 2004 DOS. Air Force STOP LOSS applied only to members 
who requested separations and retirements effective on or after 
2 October 2001, that were suspended for STOP LOSS. The member’s 
military records do not indicate he applied to separate from his 
voluntary contract between 2 October 2001 and 22 June 2002, the 
period AFSC 3S000 was subject to STOP LOSS. In addition, the 
applicant was not recalled to active duty under the Limited 
Period Recall Program as he asserts. He was voluntarily recalled 
to active duty under Title 10, USC, Section 672(d), by the Air 
Force Reserve, as is shown on his orders (Special Order AJ-138, 
dated 2 April 1997). He was not involuntarily extended on active 
duty, but voluntarily extended in his Title 10, USC, Section 
672(d) active duty tour until he retired from the Air Force 
Reserve effective 10 November 2010. 

 

The applicant’s original claim for Retroactive STOP LOSS Payment 
covering the period 11 September 2011 to 31 October 2004 was 
denied by AFPC. Retroactive STOP LOSS Payments do not apply to 
any separation or retirement dates suspended earlier than 
2 October 2001. The STOP LOSS release date for AFSC 3S000 was 
22 June 2002 and members who had requested separations or 
retirements suspended for STOP LOSS were authorized to separate 
or retire not later than 31 December 2002. In that the applicant 
had not requested to separate or retire while his AFSC was 


subject to STOP LOSS from 2 October 2001 to 22 June 2002, he is 
not authorized Retroactive STOP LOSS Payment. 

 

The complete DPSOR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 29 February 2012, 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 an error or an injustice. We took 
notice of the applicant's 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 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-2011-03194 in Executive Session on 31 July 2012, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 


 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-03194 was considered: 

 

Exhibit A. DD Form 149, dated 12 Aug 11, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSOR, dated 31 Jan 12 

Exhibit D. Letter, SAF/MRBR, dated 29 Feb 12. 

 

 

 

 

 

 Panel Chair