RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03194 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be paid Retroactive STOP LOSS pay for the period 11 September 2001 to 31 October 2004. _________________________________________________________________ APPLICANT CONTENDS THAT: During the period specified, he was recalled to regular active duty under the Limited Period Recall Program. His original orders were for a period of 42 months with an Expiration Term of Service (ETS) of 31 October 2000. An amendment to those orders involuntarily extended him from a period of 42 months to a total of 90 months, with a new ETS of 31 October 2004. While he hadn’t applied for retirement, he remained on active duty well beyond the timeline of his original recall orders. Based on the published criteria for the eligibility of Retroactive STOP LOSS Pay Compensation, he clearly meets the required eligibility. In support of his request, the applicant provides a copy of his disapproval package for Retroactive STOP LOSS Pay from the Air Force Personnel Center (AFPC). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force Reserve who retired effective 1 November 2010, in the rank of chief master sergeant (E-9). He was voluntarily recalled to active duty effective 1 May 1997 from the Air Force Reserve (AFRES) for 42 months as authorized under Title 10, United States Code (USC), Section 672(d), (voluntarily recalled to active duty). His military record indicates his status as Functional Category X (personnel of the Air Force Reserve and Air National Guard serving on active duty under Title 10, USC, Section 672(d), later renumbered Title 10, USC, Section 12301(d)), his service component as “V” (Reserve), and his date of separation (DOS) code as “39” (voluntarily recalled to active duty “for organizing, administering, etc., Reserve Components”). Both his initial 31 October 2000 DOS and his voluntary extension to 31 October 2004 were established under the voluntary authority in Title 10, USC, 672(d). The remaining relevant facts, extracted from the applicant’s military service records, are contained in the Air Force evaluation at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR states that Retroactive STOP LOSS payments are authorized for members who applied for separation or retirement to be effective on or after 2 October 2001; or, on or after 2 May 2003, whose separation or retirement was suspended for STOP LOSS. Members holding Air Force Specialty Code (AFSC) 3S000 (Personnel Systems Manager) who requested a separation or retirement to be effective on or after 2 October 2001, had their separations or retirements suspended for STOP LOSS. AFSC 3S000 was released from STOP LOSS on 22 June 2002 and those members whose separations or retirements were suspended for STOP LOSS were authorized to separate or retire not later than 31 December 2002. AFSC 3S000 was not subject to the 2 May 2003 STOP LOSS. Members holding AFSC 3S000 who requested separation or retirement on or after 2 October 2001 and had their separation or retirement suspended for STOP LOSS, and who separated or retired not later than 31 December 2002, may be authorized Retroactive STOP LOSS Payment. STOP LOSS was not in effect when the applicant was voluntarily recalled to active duty (1 May 1997) to a 31 October 2000 DOS, or when his tour was voluntarily extended (24 September 1999) to a 31 October 2004 DOS. Air Force STOP LOSS applied only to members who requested separations and retirements effective on or after 2 October 2001, that were suspended for STOP LOSS. The member’s military records do not indicate he applied to separate from his voluntary contract between 2 October 2001 and 22 June 2002, the period AFSC 3S000 was subject to STOP LOSS. In addition, the applicant was not recalled to active duty under the Limited Period Recall Program as he asserts. He was voluntarily recalled to active duty under Title 10, USC, Section 672(d), by the Air Force Reserve, as is shown on his orders (Special Order AJ-138, dated 2 April 1997). He was not involuntarily extended on active duty, but voluntarily extended in his Title 10, USC, Section 672(d) active duty tour until he retired from the Air Force Reserve effective 10 November 2010. The applicant’s original claim for Retroactive STOP LOSS Payment covering the period 11 September 2011 to 31 October 2004 was denied by AFPC. Retroactive STOP LOSS Payments do not apply to any separation or retirement dates suspended earlier than 2 October 2001. The STOP LOSS release date for AFSC 3S000 was 22 June 2002 and members who had requested separations or retirements suspended for STOP LOSS were authorized to separate or retire not later than 31 December 2002. In that the applicant had not requested to separate or retire while his AFSC was subject to STOP LOSS from 2 October 2001 to 22 June 2002, he is not authorized Retroactive STOP LOSS Payment. The complete DPSOR 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 29 February 2012, 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 an error or an 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. 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-2011-03194 in Executive Session on 31 July 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03194 was considered: Exhibit A. DD Form 149, dated 12 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 31 Jan 12 Exhibit D. Letter, SAF/MRBR, dated 29 Feb 12.