ADDENDUM TO
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:

Reconsideration to have his retirement pay be recalculated based on participation in the Public and Community Service (PACS) program.

RESUME OF CASE:

By DD Form 149, Application for Correction of Military Record, dated 24 Mar 14, the applicant requested his retirement pay be recomputed upon reaching 62 years of age based on participation in the Public and Community Service (PACS) program.  On 25 Feb 15, the Board considered and denied the application noting the evidence was not sufficient to conclude the applicant was the victim of an error or an injustice.  The Board noted that while the applicant provided evidence indicating he was employed in a qualifying capacity that would qualify for credit under the PACS program, the evidence of record reflected he did not register for this program during the required timeframe.  Furthermore, the comments of the Air Force OPR noted that a Defense Military Data Center (DMDC) representative indicated the Services may not have properly advertised these requirements to the retirees, however, the evidence of record indicated the opposite.  The applicant’s retirement application and DD Form 214 described the requirement and served to put him on notice regarding the requirement to register for the program no later than one year following the enhanced retirement qualification period (ERQP).  For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decision by the Board, see the Record of Proceedings, with Exhibits A through E, at Exhibit F.

By application, dated 21 Jan 16, the applicant requests reconsideration for recalculation of his military retirement pay based on being employed as an Air Force Reserve Officer Training Corps (AFROTC) Instructor from Aug 95 through Dec 15.  He notes a reference to the Temporary Early Retirement Authority (TERA).  He contends he was never made aware that if you did not register with the DMDC, recalculation of retired pay would not be granted.  He further states he would not have knowingly risked losing these earned benefits.  

The applicant’s complete submission with attachment is at Exhibit G.

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action.  After thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in the previous decision.   We note the applicant states he would not have risked losing the benefit earned for participating in the PAC program had he been made aware of the requirement to register for the program within one year following the enhanced retirement qualification period (ERQP).  However, after thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, we found no evidence to support the applicant was not advised regarding the requirements for registering for the program within the required timeframe.  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 24 May 16, 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 F.  Record of Proceedings, date DD Form 149, ‘					  dated 25 Feb 15/exhibits.
	Exhibit G.  DD Form 149, dated 21 Jan 16, w/atchs.