RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03479
COUNSEL: NONE
HEARING DESIRED: YES
_____________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 1411, Extension or Cancellation for Extensions of
Enlistment in the Regular Air Force/Air Force Reserve, be
corrected to reflect he was under the Stop Loss program.
________________________________________________________________
APPLICANT CONTENDS THAT:
His AF Form 1411 and DD Form 4, Enlistment/Reenlistment Document
Armed Forces of the United States, do not show whether his
extensions were involuntary or voluntary.
The extension had to be involuntary because Stop Loss was in
effect; however, the DD Form 1411 does not reflect Stop Loss.
In researching the time period between Dec 2001 through
Dec 2003, his Air Force Specialty Code (AFSC), 2S071, Materiel
Management, was under the Stop Loss program.
He was tasked to deploy in May 2001 and had to extend his
Expiration Term of Service (ETS) in order to have the
retainability for the period he was tasked to deploy.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was retired from the Air Force on
29 Feb 2004 under the provisions of AFI 36-3203, Service
Retirements. He served on active duty for a period of 26 years,
3 months and 23 days.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letters prepared by the appropriate office of the Air
Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the applicant did
not provide any evidence of an error or injustice to warrant the
requested change to his military records. The applicant's
extensions were voluntary and not as a result of Stop Loss.
The applicant submitted a claim for Retroactive Stop Loss
Special Pay (RSLSP) to HQ AFPC/DPSOS on 14 Apr 2010 and was
disapproved on 21 Apr 2010. On 23 Nov 2010, DPSOS received the
member's appeal for RSLSP. His claim was re-adjudicated on
21 Jul 2011 and the applicant was approved for 13 months
compensation. The applicant received $6,500 from the Defense
Finance & Accounting Service (DFAS) on 5 Aug 2011.
The applicant's military records show he was affected by Stop
Loss from 1 Dec 2001 to 1 Dec 2002 and was appropriately
compensated. The applicant's military records also show his
AFSC, 2S071, was not affected by Stop Loss for the period of
2 May 2003 to 31 Dec 2003.
The complete DPSOS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 10 Feb 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
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 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. Absent persuasive
evidence that he was denied rights to which he was entitled or
treated differently from others similarly situated, we find no
basis 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 issue(s)
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 1 May 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-03479:
Exhibit A. DD Form 149, dated 31 Aug 2011.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 31 Jan 2012.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 2012.
Panel Chair
AF | BCMR | CY2012 | BC 2012 05412
The denial letter stated, in part, at no time were you held beyond an approved retirement date due to stop-loss However, PL 111-32, § 310, in addition to covering circumstances extending service beyond an approved retirement date, states or whose eligibility for retirement was suspended pursuant to 10 U.S.C. He is only claiming retroactive stop-loss special pay compensation for the time between 11 September 2001, when the stop-loss rules went into effect, and the 12-month period of...
AF | BCMR | CY2003 | BC-2003-00796
He completed an Air Force (AF) Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve; however, he never received a copy of the updated AF Form 1411. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPAE recommends the application be denied. DPPAE states that when the applicant signed the AF Form 1411, his Air Force Specialty Code (AFSC) was not eligible to receive a Zone C SRB; therefore,...
AF | BCMR | CY2011 | BC-2011-03194
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. The members 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...
AF | BCMR | CY2014 | BC 2014 00272
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00272 COUNSEL: NONE INDICATED HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive retroactive Stop-Loss Pay Compensation. The applicant was ineligible for reenlistment due to one or more of the reasons contained in Air Force Instruction (AFI) 36-2606, Reenlistment in the United States Air Force. The applicant did not file within three years after the alleged error or...
ARMY | BCMR | CY2012 | 20120006262
The second is for service members whose eligibility for retirement was suspended by Stop Loss. It states that RSLSP is a special pay for military members (including RC members) and former and retired members under the jurisdiction of the Secretary who, while serving on active duty at any time from 11 September 2001 to 30 September 2008, had their enlistment or period of obligated service involuntarily extended or whose established date of separation, release from active duty, or approved...
AF | BCMR | CY2011 | BC 2011 01500
He was approved for Stop Loss payments from Apr 02 to 1 Oct 02 (his promotion date). On the date he was promoted, his AFSC was still on Stop Loss and he could not retire. 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...
ARMY | BCMR | CY2011 | 20110019292
The applicant requests, in effect, Retroactive Stop Loss Special Pay (RSLSP) for the period 29 April to 22 December 2004. It shows that "stop-lossed" service members who voluntarily reenlisted or extended their service, and received a bonus for such reenlistment or extension of service, are no longer eligible to receive retroactive stop loss special pay. However, the evidence of record shows the applicant was promoted to SGT (E-5) with a DOR of 3 December 2003 and he incurred a 1-year...
AF | BCMR | CY2005 | BC-2005-01813
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01813 INDEX CODE: 128.05, 112.05 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 11 Dec 06 _________________________________________________________________ APPLICANT REQUESTS THAT: Her Selective Reenlistment Bonus (SRB) be paid based on the full four years she reenlisted for on 23 Dec 04 and not be reduced by the time remaining on the 23-month extension she was...
ARMY | BCMR | CY2012 | 20120005229
He provides the following: * Self-authored statement * DA Form 4187 (Personnel Action), dated 22 March 2003 * Orders 329-007, dated 24 November 2004 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 22 March 2003 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 June 2004 * Orders 085-118, dated 26 March 2003 * Congressional correspondence CONSIDERATION OF...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-02427 INDEX CODE 128.05 112.07 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her nine-month extension executed on 11 Jan 02 be voided (per Exhibit E) and she be allowed to reenlist for six years so she may qualify for a Selective Reenlistment Bonus (SRB). HQ AFPC/DPPAER informally advised the AFBCMR Staff...