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.
APPLICANT CONTENDS THAT:
His case for Stop-Loss Pay Compensation was closed and not properly evaluated in December 2010. His review of the Veterans Affairs (VA) website indicates that anyone affected by Stop-Loss prior to their separation is entitled to monetary benefits for each month they were extended beyond their date of separation. He was affected by Stop Loss and has been unable to contact the appropriate personnel to be provided the necessary guidance and procedures to receive his proper compensation.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 28 November 2000.
On 13 August 2004, an Air Force Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve, was initiated that indicated the applicant requested that his current enlistment be extended a period of five (5) months for the purpose of qualifying for a temporary duty assignment (TDY).
On 13 August 2004, the applicants unit commander recommended approval of his request for a 5 month extension. 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.
On 13 August 2004, the approval authority approved an extension of the applicants date of separation (DOS) from 27 November 2004 to 27 April 2005.
On 27 April 2005, the applicant was furnished an honorable discharge, with a narrative reason for separation of Completion of Required Active Service, along with a separation program designator (SPD) code of KBK (Normal expiration of Service) and RE code of 4E (Second term or career airmen, grade is senior airman (SrA/E-4), but fewer than 16 years total active federal military service (TAFMS). He was credited with four years and five months.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. The applicant has not provided supporting evidence or documentation that an error or injustice has occurred. The applicant was separated under the provisions of AFI 36-3208, Administrative Separation of Airmen, due to the completion of required active service.
Title 10 United States Code (USC) § 12305 gives the President of the United States Stop-Loss authority. The authority may suspend any provisions of law relating to promotions, retirements, or separations applicable to any member of the armed forces determined to be essential to national security of the United States. The Air Force has implemented Stop-Loss on two occasions since September 2001. From October 2001 through August 2002, Operation Enduring Freedom/Noble Eagle (OEF/NE) and from May 2003 to September 2003, Operation Enduring Freedom I/Iraqi Freedom (OEF/OIF). At the time of the implementation, individuals who were affected by Stop-Loss were identified by control Air Force Specialty Code (AFSC) and notified of the Presidents implementation.
The Retroactive Stop-Loss Pay Compensation was authorized by Public Claim 11-32, Section 310. The retroactive payment was payable to members of the Armed Forces including reserve components who at any time from 11 September 2001 through 30 September 2009 had their enlistment or retirement or separation date involuntarily extended as a result of Stop-Loss. Eligible members would receive $500 per month for each month or partial month they were involuntarily retained under Stop-Loss. The application period for claims submission was 21 October 2009 through 21 October 2010.
On 19 December 2009, the President of the United States signed into law H.R. Department of Defense (DoD) Appropriation Act 2010, which amended section 310 to exclude payment so service members who voluntarily reenlisted or extended their service and received a bonus for such extension or reenlistment subsequent to their involuntary retention under Stop-Loss.
A review of the applicants record indicates that he was not identified nor affected by either of the Stop-Loss initiatives that were implemented in 2001 and 2003 respectively, based on his original DOS of 27 November 2004. If the applicant had been affected by Stop-Loss and eligible for Stop-Loss Pay Compensation, the deadline for submission of claims was 21 October 2010. There are no records or evidence that the applicant submitted or attempted to submit a claim for compensation.
A complete copy of the AFPC/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 15 September 2014 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number BC-2014-00272 in Executive Session on 6 January 2015, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 December 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 26 February 2014.
Exhibit D. Letter, SAF/MRBR, dated 15 September 2014.
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