RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  (BC-2003-00209)
		INDEX NUMBER:  128.00
	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The date of his retirement order, special order AC-023248, dated 20 Aug 02, be changed to 1 Jun 02 so that the Air Force will pay for his final move upon leaving the Air Force.

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APPLICANT CONTENDS THAT:

He was briefed incorrect, inaccurate, and incomplete information concerning his permanent change of station (PCS) and retirement moving entitlements.

In order to relocate his family at government expense, he requested retirement during Operation Stop Loss in order to generate an entitlement.  However, he was not able to retire because his career field was impacted by “Stop Loss.”  He attempted to complete a waiver request but “Stop Loss” was lifted before he submitted the waiver.  

He submitted his retirement papers a second time and was briefed during the entire process by personnel at his Base traffic management office (TMO) that the only way to move his family at government expense was to use his retirement orders.  He complied but was later told he had to pay for shipping because his orders were dated after he arranged to have his household goods moved.  

He made hurried arrangements to ship his household goods due to the desperate need to reunite his family in order to alleviate the severe financial strain of two households.  He also set up the move based on the many briefings and assurances he was given that the move would be paid for.  The cost of the move $9,055.00 has placed a tremendous financial hardship on he and his family.

He believes that requiring him to pay for the move is unjust because the military would have paid for the move if he had his orders in hand.

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

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STATEMENT OF FACTS:

The applicant served on active duty from 11 May 81 through 31 Mar 03.  He retired in the grade of major.

Additional relevant facts pertaining to this case are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial of the applicant’s request.  The applicant chose to move his family and household goods due to the implementation of Stop Loss in Sep 01; all utilization of retirement orders entitlements was suspended unless one of the following criteria was met:

	    a. Individual was exempted from Stop Loss.

	    b. A HHG or Stop Loss waiver was approved.

Applicant contends he was in the process of applying for a Stop Loss waiver, but his AFSC was removed from Stop Loss prior to submission of the actual waiver.  The Military Personnel Flight (MPF) briefed the applicant that the government would not reimburse him for his move due to the fact that he did not have retirement orders in hand prior to movement of his household goods.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant requested an additional 60 days to make his case to the Board.  He stated that he had some additional information that the Board should take into account before making its decision.  He also submitted a letter of support from his group commander.

The applicant’s complete response, with attachment, is at Exhibit E.

In response to the applicant’s request, the AFBCMR advised him on 24 Mar 03 that it could not grant the additional 60 days he requested.  However, he was advised that he could request temporary withdrawal of his application and that he should respond in writing within 15 days as to his desire.  To date, further response has not been received from the applicant.

The AFBCMR response is at Exhibit F.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The Board notes that Operation Stop Loss precluded the applicant from using his entitlement to move his family and household goods, an entitlement that he still has not used.  Although there may be some doubt as to the applicant’s efforts to obtain a waiver, the Board finds it reasonable under the special circumstances of Operation Stop Loss that the applicant was unable to process his waiver request before the program ended.  As such, the Board believes that to deny the applicant an entitlement that he earned after 20 years of honorable service and impose the hardship on him of paying for the movement of his household goods is unusually harsh.  The Board does not believe that this is a fitting conclusion to a twenty-year career and does in fact constitute an injustice.  Therefore, in the interest of equity and justice, the Board recommends that the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to XXXXX be corrected to show that competent authority approved his request for an Operation Stop Loss waiver, and that Special Order No. AC-023248 was issued on     1 June 2002, rather than 20 August 2002.

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The following members of the Board considered Docket Number BC-2003-00209 in Executive Session on 4 Jun 03, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 31 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPRRP, dated 24 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Feb 03.
     Exhibit E.  Letter, Applicant, 18 Mar 03.
     Exhibit F.  Letter, AFBCMR, dated 24 Mar 03.

                                   

AFBCMR BC-2003-00209

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXX, XXX-XX-XXXX, be corrected to show that competent authority approved his request for an Operation Stop Loss waiver, and that Special Order No. AC-023248 was issued on 1 June 2002, rather than 20 August 2002.