RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00700

					COUNSEL:  NONE

		HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His retirement pay be adjusted to account for public service 
performed as a Temporary Early Retirement Authority (TERA) 
retiree.


APPLICANT CONTENDS THAT:

While he did not complete the required paperwork prior to the 
end of TERA, he wants public service credit for his years of 
work in the Public and Community arena for the recomputation of 
his retired pay. 

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


STATEMENT OF FACTS:

The applicant is a former service member who retired on 1 Jul 95 
under TERA and was credited with 15 years, 9 months, and 6 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 recommends denial indicating there is no evidence of 
an error or an injustice.  While DMDC indicates that retirees 
may not have been properly advised on the program and that 
relief should be granted when feasible, AFPC/DPSOR indicates 
that it appears the applicant was aware and properly notified of 
the program prior to his retirement.  There is no evidence 
showing the applicant filed the required paperwork for the 
program within the required timeframe.  Furthermore there is no 
evidence the applicant was not properly notified of the program 
prior to his retirement.
Under the National Defense Authorization Act for Fiscal Year 
1993 (FY93 NDAA), Public Law (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.  Qualifying public and community service 
job vacancies included education, conservation, environment 
protection, law enforcement, and public health care positions.  

However, service members were required to register for the 
program prior to retirement and there are no provisions under 
law to retroactively register for employment in public or 
community service organizations.  Furthermore, in order for the 
qualifying public and community service work to be creditable 
towards recomputation of retired pay, such work had to take 
place during the period between the applicant’s retirement from 
active duty (1 Jul 95) and the date the member would have 
attained 20 years of active service (24 Oct 98).

Properly registered applicants were required to turn in proof of 
qualifying public or community service to the Defense Manpower 
Data Center (DMDC) not later than one year after they would have 
reached 20 years of Total Active Federal Military Service 
(TAFMS) had they been continuously on active duty.  The 
applicant retired on 1 Jul 95; therefore, he must have completed 
any creditable service prior to 24 Oct 98, and attempted to 
claim credit for such service prior to 24 Oct 99.  The evidence 
provided indicates the applicant was briefed on the program 
requirements prior to his retirement, but, for whatever reason, 
did not timely file his claim for credit.

A complete copy of the AFPC/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 25 Aug 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction    
36-2603.  Applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the applicant’s failure to file in a timely 
manner.


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00700 in Executive Session on 27 Jan 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 6 Aug 14.
Exhibit D.  Letter, SAF/MRBR, dated 25 Aug 14.