RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03518 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His voluntary release on 1 Jun 92 be changed to a retirement under the Temporary Early Retirement Authority (TERA). _________________________________________________________________ APPLICANT CONTENDS THAT: He was not given the opportunity to cross-train or retire. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 256 AF, Honorable Discharge Certificate and an expanded statement. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 28 Apr 77, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the rank of staff sergeant with a date of rank of 1 Oct 88. He served as a Law Enforcement Supervisor. His DD Form 214 reflects he was voluntarily released from active duty on 1 Jun 92 with a narrative reason for separation of Voluntary release/transfer to another service component for early release program – SSB. He received a lump sum Special Separation Benefit (SSB) payment of $40,985.40. He was credited with 15 years, 1 month and four days of active service. SSB authority was added to Title 10, United States Code (USC) by Public Law (PL) 102-190 effective 5 Dec 91 (10 USC, Section 1174a). To qualify for this incentive, a member must have served on active duty for more than 6 but less than 20 years and transfer to a Reserve component, as well as meet criteria specified by the Secretary of the Air Force (SecAF) according to the needs of the Air Force. If a member receives an SSB payment and subsequently qualifies for retired pay or VA disability compensation, the SSB payment is subject to recoupment in the same proportion in which it was earned. In the National Defense Authorization Act for Fiscal Year 1992 (FY92 NDAA), PL 102-484, 23 Oct 92, Congress enacted the TERA, which permitted selected military members to retire early and accrue additional military retirement credits if they gained employment with qualifying public or community service organizations. Section 534 of that law gave the Secretary of Defense authority to allow the service Secretaries to permit early retirement for selected military members with more than 15 but less than 20 years of service who agreed to register for employment in public or community service organizations. PL 107- 314, NDAA for FY 2003, Section 554, extended TERA to 1 Sep 02 at which time the TERA authority expired. The Secretary of Defense did not authorize the service Secretaries the use of TERA authority until 12 Mar 93 as a force shaping draw down tool; not as an entitlement. The SecAF first implemented the use of TERA authority for retirements effective not earlier than 1 Oct 94. Effective close of business 30 Oct 95, the enlisted program was closed for applications and there was no guarantee that all existing applications would be approved. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: APFC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. The applicant was not eligible to retire under TERA because he requested to be separated prior to its enactment. Further, his request is not timely filed having been submitted more than 19 years after his separation from the AF. AFPC/DPSOR's complete 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 22 Dec 11, for review and comment within 30 days. 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; 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. The applicant contends he was not provided the opportunity to cross- train or retire under TERA, and now requests his records reflect he was retired rather being voluntarily separated with a Special Separation Benefit (SSB). After a thorough review of the evidence of record, we are not convinced he has been the victim of an error or injustice. The applicant requested to be released from active duty and received a special separation benefit. Furthermore, his separation from active duty occurred prior to the enactment of TERA. 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 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-2011-03518 in Executive Session on 12 Apr 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03518 was considered: Exhibit A. DD Form 149, dated 29 Aug 11, w/atchs. Exhibit B. Letter, Applicant’s Military Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 8 Dec 11. Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11.