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 applicant’s 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: 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.