RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04711 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His claims for Retroactive Stop Loss Pay be approved for the periods 25 September 2001 to 30 September 2002 and, 8 January 2003 to 11 July 2003. _________________________________________________________________ APPLICANT CONTENDS THAT: He was involuntarily mobilized in support of Operation ENDURING FREEDOM (OEF). He did not have the retainability to deploy and was involuntarily reenlisted on 25 September 2001 upon boarding the plane. This involuntary reenlistment is not annotated in the remarks section of his DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, and, as such, makes him ineligible for Retroactive Stop Loss Pay. He believes that based upon his military records, he should qualify for Retroactive Stop Loss Pay for his 2001-2002 and 2003 deployments in support of OEF and Operation IRAQI FREEDOM (OIF). In support of his request, the applicant provides copies of his claims for Retroactive Stop Loss Pay; his DD Forms 214, Certificate of Release or Discharge from Active Duty; and his reenlistment contract. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air National Guard who was transferred to the Retired Reserve effective 18 October 2009 in the grade of senior master sergeant (E-8). According to the DD Forms 214, provided by the applicant, he was recalled to active duty and deployed for the periods 25 September 2001 to 30 September 2002, in support of OEF; and, from 8 January 2003 to 11 July 2003, in support of OIF. The remaining relevant facts, extracted from the applicant’s master military personnel records, are contained in the Air Force evaluation at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states the applicant voluntarily extended his enlistment on National Guard Bureau (NGB) Form 66, Extension of Enlistment in the Air National Guard and as a Reserve of the Air Force, from 18 October 1996 to 18 October 2002, making him ineligible for Retroactive Stop Loss Pay for the period 25 September 2001 to 30 September 2002. His subsequent voluntary reenlistment for six years makes him ineligible for both periods of active duty. The applicant has not provided supporting documentation to show he was involuntarily extended past an approved separation/retirement date. He completed his enlistment and reenlisted for another six years in 2007, retiring on 18 October 2009. The complete DPTT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 January 2011 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 error or injustice. We note the applicant asserts he was involuntarily reenlisted on 25 September 2001; however, we find no evidence to support his contention. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their 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 AFBCMR Docket Number BC-2010-04711 in Executive Session on 8 September 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-04711: Exhibit A. DD Form 149, dated 14 Nov 10, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 5 Jan 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 11 Jan 11.