RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01718 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His retired pay be recalculated when he turns 62 years old to include public community service he performed after he retired in accordance with the Temporary Early Retirement Authority (TERA). APPLICANT CONTENDS THAT: He was not informed that he was required to submit a Public and Community Service Registry (PACS) application in order to qualify to have his retired pay recomputed when he turns 62 to account for his public and community service performed after he retired. He contacted the Air Force Personnel Center (AFPC) to inquire about having his retired pay recalculated when he turns 62, but was told the program ended in FY 08. His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 18. REMARKS, states Member is retiring as provided by Section 4403 of the FY93 National Defense Authorization Act (PL 102-484) and may qualify for a recomputation of retired pay at age 62 pursuant to Section 4464 of the same law. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 5 Dec 75. On 31 Oct 94, the applicant was released from active duty and retired, effective 1 Nov 94, under the provisions of TERA, and was credited with 18 years, 10 months, and 26 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 injustice. The applicant signed the AF Form 1160, Military Retirement Actions, which states in section IV, Remarks, “I understand that I must register on the PACS registry at the Family Support center and that my retirement cannot be consummated until my registration has been confirmed.” In 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. Section 534 of that law gave the Secretary of Defense authority to allow the Service Secretaries to permit early retirement for selected military members having more than 15 but less than 20 years of active service. Section 4464 of the FY93 NDAA allowed eligible members retired under TERA to perform public and community service following retirement and receive credit for this service to be used to recompute military retired pay when the retired member attains or would have attained 62 years of age. Military Personnel Flight Letter (MPFL) 93-024, dated 9 Apr 93 provided specific instructions regarding obtaining public and community service credit and that information was provided to the applicant by the Family Support Center (FSC). He also signed an AF Form 1160, Military Retirement Action, dated 29 Dec 93, to request retirement under the TERA. Section IV of the form contains a statement where he acknowledged the requirement to register at the FSC and that retirement cannot be consummated until registration has been confirmed. Additionally, applicants were required to turn in proof of public or community service to the Defense Manpower Data Collection (DMDC) no later than one year after they would have attained 20 years of total active federal military service (TAFMS), which, in the applicant’s case, would have been no later than 6 Dec 96. It is apparent the applicant was briefed on the public and community service program requirements prior to retiring. There are no provisions in the law that allows retroactive registration for employment in public or community service organizations. The applicant was required to report creditable service within one year of the date he would have completed 20 years of total active federal military service (TAFMS), which was on 6 Dec 96. This was not accomplished within the required time. 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 for review and comment within 30 days (Exhibit D). 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 timely filed. 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 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 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-2014-01718 in Executive Session on 19 Mar 15, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Apr 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 18 Sep 14. Exhibit D. Letter, SAF/MRBR, dated 26 Sep 14.