RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01500 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be paid Stop Loss payments for the period of 1 Oct 02 until 
17 Jan 10. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In 2001, he was selected for discharge with a retirement date of 
8 Apr 02. In Mar 02, he was informed that his Air Force 
Specialty Code (AFSC) was entered in the Stop Loss and he would 
not retire. 

 

On 22 Apr 02, he was placed on active duty in support of 
Operation Nobel Eagle. From Feb 03 to Sep 04, he was 
involuntarily placed on partial mobilization status in support of 
Operation Enduring Freedom. After the expiration of his partial 
mobilization status, he returned to active duty in support of 
Operations Enduring/Iraqi Freedom. He remained on active duty 
orders until 17 Jan 10. 

 

He was approved for Stop Loss payments from Apr 02 to 1 Oct 
02 (his promotion date). He feels the decision to discontinue 
his Stop Loss payments, because he was promoted, was unjust. On 
the date he was promoted, his AFSC was still on Stop Loss and he 
could not retire. His AFSC was eventually released from Stop 
Loss, but not before he was partially mobilized. The earliest 
date he could have retired was Sep 04, after his release from 
partial mobilization status. 

 

He feels he should be paid from the date he entered active duty 
until his final release from active duty (Apr 02 to Jan 10). 

 

In support of his request, the applicant submits copies of his 
Stop Loss Payment program application letters and special orders. 

 

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

 

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STATEMENT OF FACTS: 

 

On 17 Jan 10, the applicant retired from the Air Force Reserves 
in the grade of lieutenant colonel. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ ARPC/DPTT recommends denial. DPTT provides the following 
facts pertaining to the applicant’s case: 

 

 The Air Force Stop Loss was effective from Sep 01 to Sep 
02 and again from May 03 to Jun 03. Public Law 111-32, Section 
310, requires a member’s period of obligated service to be 
extended or retirement suspended under a “Stop Loss authority” to 
be eligible for special pay. 

 

 Officers have an indefinite appointment. The applicant was 
notified of his second deferral for promotion to Lt Col in Aug 
01 and given a Mandatory Separation Date (MSD) of 8 Apr 02. His 
involuntary retirement was delayed due to Stop Loss. Special 
Order (SO) RV-15, dated 18 Apr 02, put him on active duty for the 
period of 22 Apr 02 to 7 Sep 02. The order was later amended to 
31 Oct 02. He was promoted to Lt Col on 1 Oct 02 and a MSD of 
31 Jul 06 (age 60) was established. He was no longer being 
retained past an approved retirement date. He was released from 
active duty on 31 Oct 02. 

 

 Effective 1 Nov 02, the applicant was again placed on active 
duty. In 2006, under Title 10, Section 14703, his MSD was 
extended to 31 Jul 08. In 2008, he requested another extension 
under the same section of law and it was approved to 31 Jul 10. 

 

DPTT states no error or injustice occurred. The applicant was on 
partial mobilization. After his promotion, he was no longer 
being retained past his approved separation date as a result of 
Stop Loss. He was paid for his involuntary extension on active 
duty from Apr 02 through Sep 02. 

 

The complete DPTT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicanton 20 May 11,for review and comment within 30 days. As of this 
date, this office has received no response (Exhibit C).

THE BOARD CONCLUDES THAT:

1.The applicant has exhausted all remedies provided by existinglaw or regulations.
2.The application was timelyfiled. 
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 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 this application inExecutive Session on 16 Feb 12,under the provisions of AFI 36-
2603:



The following documentary evidence was considered in AFBCMR BC-
2011-01500: 

 

 Exhibit A. DD Form 149, dated 1 Apr 11, w/atchs. 

 Exhibit B. Letter, HQ AFRC/DPTT, dated 13 May 11. 

 Exhibit C. Letter, SAF/MRBR, dated 20 May 11.