RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01591 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His retirement pay be recomputed upon reaching 62 years of age based on participation in the Public and Community Service (PACS) program. APPLICANT CONTENDS THAT: He has been employed as an Air Force Junior Reserve Officer Candidate (AFJROTC) instructor since August 1995, which is qualifying employment under the PACS program, and therefore should be creditable towards recomputed retired pay when he turns age 62. STATEMENT OF FACTS: On 1 May 78, the applicant initially entered the Regular Air Force. On 1 Feb 94, according to the applicant’s AF Form 1160, Military Retirement Actions, the applicant applied for retirement, effective 1 Jul 95, and acknowledged that he was required to register with Public and Community Service Registry for his retirement to be approved. On 30 Jun 95, the applicant was relieved from active duty and retired under Temporary Early Retirement Authority (TERA), effective 1 Jul 95, and was credited with 17 years and 2 months of active service. The remarks section of his DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the following: “Member is retiring as provided by Section 4403 of the FY93 National Defense Authorization Act and may qualify for a recomputation of retired pay at age 62 pursuant to Section 4464 of the same law.” On 1 May 98, the applicant would have attained 20 years Total Active Military Service (TAFMS), had he been continuously on active duty. 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. The authority to participate in the PACS program is found in the Fiscal Year 1993 National Defense Authorization Act (NDAA). Eligible members who retired under TERA were allowed to receive credit for qualifying public and community service toward recomputed retired pay when a member attained the age of 62. To document participation in the PACS program, members were required to turn in proof of public or community service to Defense Manpower Data Collection (DMDC) not later than one year after they would have attained 20 years TAFMS, had they been continuously on active duty. Accordingly, the applicant should have submitted proof of employment no later than 1 May 99. DOD Instruction 1340.19, Certification of Public and Community Service Employment of Military Retirees, states veterans must have performed public/community service within the period beginning on the date of retirement, and ending on the date the retired member would have attained 20 years of creditable service for computing retired pay and also states all reporting should have been completed by the retiree no later than one year following the enhanced retirement qualification period (ERQP). Because the applicant would have attained 20 years of total active federal service on 1 May 98, his ERQP was from 1 Jul 95 to 1 May 98. While DMDC shut down the PACS registration site on 20 Feb 09, a DMDC representative indicated many TERA retirees were not registered and very few provided the information regarding employment during their ERQP. Further, the Services may not have advertised these requirements to the retirees appropriately and relief should be provided through the Services' correction boards whenever feasible. It is recommended the Board deny this request because the applicant did not report his qualifying employment to DMDC as required no later than 1 May 99, nor did he provide evidence of qualifying employment (beginning on the date of his retirement). A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provides additional supporting documentation to validate qualifying employment, from 7 Aug 95 to 31 Jul 98, in the form of his DD Form 2676, Validation of Public of Community Service Employment, which is signed by his employer. 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. 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. While the applicant has presented documentary evidence indicating that he was employed in a qualifying capacity that would qualify for credit under the PACS program, the evidence of record also indicates that he did not register for this program during the time he was required to do so. While we note the comments of the Air Force OPR indicating that a DMDC representative said the Services may not have advertised these requirements to the retirees appropriately, the evidence of record indicates the opposite. In this respect, we note the applicant’s retirement application and DD Form 214 describe this requirement and served to put the applicant on notice regarding the requirement to register for the program no later than one year following the enhanced retirement qualification period (ERQP), or 1 May 99. 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-2014-01591 in Executive Session on 25 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01591 was considered: Exhibit A. DD Form 149, dated 24 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 1 Aug 14. Exhibit D. Letter, Applicant, dated 9 Oct 14 Exhibit E. Letter, SAF/MRBR, dated 17 Nov 14.