RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01385 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive retroactive Stop Loss Special Pay. APPLICANT CONTENDS THAT: His original Date of Separation (DOS) of 15 Jul 03 was involuntarily extended over four months as a result of Stop Loss. He was never contacted by the Department of Defense (DoD) about filing a claim for retroactive Stop Loss Special Pay. During the retroactive Stop Loss Special Pay claim period he was in college, and the Department of Veterans Affairs (DVA) had his contact information that the DoD could have used to contact him about filing his claim. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 7 Feb 96. On 16 Mar 01, the applicant signed an AF Form 1411, Extension or Cancellation of Extensions of Reenlistment in the Regular Air Force/Air Force Reserve, requesting a voluntary extension of his enlistment for 4 months in order to qualify for Permanent Change of Station (PCS) assignment. That same day, the approval authority approved the extension request granting his DOS of 15 Jul 03 to be extended to 15 Nov 03. On 31 Dec 03, the applicant was furnished an honorable discharge, and was credited with 7 years, 10 months, and 24 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOR-SEP recommends denial indicating there is no evidence of an error or an injustice. Stop Loss was implemented during Operation ENDURING FREEDOM/IRAQI FREEDOM. Retirements and separations of individuals in certain high-demand Air Force Specialty Codes (AFSCs) were suspended effective 2 May 03. Stop Loss was terminated on 23 Jun 03 for all personnel. The 2009 Supplemental Appropriations Act gave DoD 120 days to establish Retroactive Stop Loss Special Pay. This was implemented on 21 Oct 09. The eligibility requirement was for any members of the Armed Forces, who at any time from 11 Sep 01 to 30 Sep 09 who had an approved separation or retirement date and were prevented from leaving the service at their prescribed time (Stop Loss). Eligible personnel could submit claims beginning 21 Oct 09. The claim period ran for one year and the deadline to submit claims was 21 Oct 10. AFPC produced a listing of officer and enlisted personnel who had been affected by Stop Loss so they could be contacted about filing a claim. They checked the master listing of affected individuals and did not find the applicant’s name on the list. The applicant’s request was not timely filed within three years of discovery of the alleged error or injustice. Notwithstanding the timeliness of the application, a review of the applicant’s records revealed that his original DOS was 15 Jul 03. Personnel records showed that the applicant completed and signed an AF Form 1411, requesting a voluntary extension of his enlistment for 4 months in order to qualify for Permanent Change of Station (PCS) assignment. The AF FM 1411 was approved on 16 Mar 01, changing the applicant’s DOS to 15 Nov 03. Stop Loss was terminated on 23 Jun 03. The applicant’s DOS was already set to consummate afterwards, therefore, it would have rendered him ineligible for Stop Loss retroactive pay since he was not prevented from leaving the service at his prescribed time. They were unable to determine why his DOS was further extended to 31 Dec 03, but they opined that it was due to another voluntary request submitted by the applicant. A complete copy of the AFPC/DPSOR-SEP 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 31 Jul 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2.  The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; 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 an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-01385 in Executive Session on 4 Nov 15 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01385 was considered: Exhibit A.  DD Form 149, dated 26 Mar 15, w/atch. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSOR-SEP, dated 9 Apr 15,   w/atch. Exhibit D.  Letter, SAF/MRBR, dated 31 Jul 15.