RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03747 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her retirement pay be adjusted to provide credit for public service performed as a Temporary Early Retirement Authority (TERA) retiree. APPLICANT CONTENDS THAT: When she retired she was told that if she worked in a civil service field, her retirement pay would be increased one percent per year for every year of civil service up to three percent. She was told the increase from 47 percent to 50 percent would occur on her 55th birthday. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 28 Feb 78. On 30 Sep 94, the applicant retired under the provisions of TERA, and was credited with 16 years, 7 months, and 3 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. The FY93 National Defense Authorization Act (NDAA) enacted 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 year 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, and where applicable, the Survivor Benefit Plan (SBP) base amount when the retired member attains or would have attained 62 years of age. Public and community service job vacancies included education, conservation, environmental protection, law enforcement, and public health care positions. Per DODI 1340.19, Certificate of Public and Community Service Employment of Military Retirees, the veteran 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.” The NDAA allowed members retiring under TERA to register in advance of the projected retirement date on the Public and Community Service Registry maintained under 10 USC Section 1143a, allowing adjustment to the retirement pay at the age of 62. The law allows no provision to retroactively register for employment in public or community service organizations. The Air Force provided specific instructions to the field through a Military Personnel Flight Letter (MPFL) 93-024, Voluntary Early Retirement Program, dated 9 April 1993. Paragraph 3b, indicated that information would be provided to the member by the Family Support Center (FSC); the member could register for this program at the FSC prior to departure; and that registration "MUST BE CONFIRMED" before members were permitted to out-process. Paragraph 7 also indicated that members must initiate the registration process prior to applying for the early retirement program. Applicants were required to turn in proof of public or community service to the Defense Manpower Data Collection (DMDC) team not later than one year after they would have attained 20 years Total Active Federal Military Service (TAFMS) had they been continuously on active duty. The applicant retired 1 October 1994, completing 16 years, 07 months, and 03 days of active service; therefore, any creditable service must have been completed prior to 28 February 1998 (the date the member would have attained 20 years of TAFMS if the applicant had continued to serve on active duty). Based on the reporting instructions established, the applicant was required to submit record of the creditable service within a year of that point (or 28 February 1999). The applicant provided no evidence to indicate that she registered in the Public and Community Service registry. Additionally, the employment records provided are after her eligibility window. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes virtually every point made by the OPR and argues that she was never told that the request to increase her retirement pay had to occur at her twenty year retirement date. Although the law allows no provision to retroactively register for employment in public or community service organizations, neither does it prohibit it. The three percent increase would greatly improve her quality of life now or at the age of 62. In support of her response, the applicant provides proof of employment. 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, to include her rebuttal, 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-03747 in Executive Session on 18 Jun 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03747 was considered: Exhibit A. DD Form 149, dated 3 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 4 Nov 14. Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14. Exhibit E. Letter, Applicant, dated 15 Dec 14.