RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02486

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His retirement pay be restored to 50 percent of his base pay retroactive to 31 August 1994.  

APPLICANT CONTENDS THAT:

He understood at the time of his early retirement that his retirement pay would be restored to the full 50 percent of his base pay if he found public service employment within one year of his retirement.

He has been employed with the Department of Defense (DOD) as a civil service employee since 18 November 1996. Since his employment start date with the DOD was over two years after his retirement date, he requests a waiver of the time limit and consideration be given for his civil service employment as credit for Public and Community Service (PACS) employment as defined in DODI 1340.19, Certification of Public and Community Service Employment of Military Retirees, dated 17 November 1993.  

He was never presented or given access to a register of public and community service organizations, nor was a clear definition given of what constitutes public or community service employment or whether civil service employment fulfilled the requirement.  

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

STATEMENT OF FACTS:

On 31 August 1994, the applicant was retired in the grade of Master Sergeant (MSgt, E-7) with a narrative reason for separation of “Reduction in Force.”   He was credited with 13 years and 24 days of active duty service this period.  He was also credited with 6 years of prior active duty service.  

According to the applicant’s AF Form 1160, Military Retirement Actions, dated 1 July 93, the applicant signed, “I understand that I must register with the public and community service registry at the FSC and that my retirement cannot be consummated until my registration has been confirmed.”

Per DODI 1340.19, paragraph 5.3.3, All PACS reporting shall be completed by the retiree within one year of the enhanced retirement qualification.    

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-RET recommends denial.  The documentation identifying employment was not provided to the Defense Manpower Data Center (DMDC) during the established reporting period.  

The FY93 National Defense Authorization Act (NDAA) allowed members retiring under Temporary Early Retirement Authority (TERA) to perform PACS service following retirement and receive credit for this service to be used to re-compute 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 active.  Applicants were required to turn in proof of PACS to the DMDC no 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 on 1 July 1993 [sic] completing 19 years and 24 days of TAFMS; therefore any creditable service must have been completed prior to 7 August 2001 [sic], the date the applicant would have attained 20 years of TAFMS had he continued to serve on active duty.  Based on the reporting instructions established by the DMDC, he was required to submit record of the creditable service within a year of that point or 7 August 2002 [sic].  The applicant’s retirement application dated 1 July 1993 states, “I understand that I must register on the public and community service registry at the FSC and that my retirement cannot be consummated until my registration has been confirmed.”  The PACS job vacancies included education, conservation, environmental protection, law enforcement and public health care positions.  The law allows no provision to retroactively register for employment in public or community service organizations.

A complete copy of the AFPC/DPSOR-RET 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 19 February 2016 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:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  The applicant requests his civil service employment as an aircraft mechanic be retroactively considered for PACS credit; however, there is no provision in law to retroactively register for employment in PACS.  Also, in order to gain credit for PACS, the employment would have had to include qualifying job vacancies in education, conservation, environmental protection, law enforcement and public health care.  We note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-02486 in Executive Session on 5 April 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02486 was considered:

	Exhibit A.  DD Form 149, dated 12 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 12 January 2016.
	Exhibit D.  Letter, SAF/MRBR, dated 19 February 2016.