RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04254

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

Based upon her obtaining the age of 62, her retirement pay be recalculated to include additional qualifying service for her public service. 

APPLICANT CONTENDS:

She retired under the Temporary Early Retirement Authority (TERA).  She was not provided all of the necessary information to have her retired pay recomputed at age 62 based upon having served in civil service.  She was not allowed to apply for a civil service position until she had been retired for a minimum of six months. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 Feb 73.  On 18 Apr 75 she was voluntarily released from active duty.  

On 1 Nov 79 she reenlisted in the Regular Air Force and on 30 Sep 93, the applicant retired, with a narrative reason for separation of “Vol-Retirement with Less than 20 Yrs service, Subj to PL 102-484, Early Retirement Program,” and was credited with 16 years and 27 days of active service.  

According to the documentation submitted by the applicant, effective 16 May 94, she began working in civil service as a Supply Technician at Kadena Air Base, Japan.  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.    

AIR FORCE EVALUATIONS:

AFPC/DP2STM recommends denial indicating there is no evidence of an error or an injustice.  The 1993 National Defense Authorization Act (FY93NDAA) enacted TERA, which permitted selected military members to retire early.  TERA 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.  It also allowed members retired under TERA to perform public and community service (PACS) 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 attained or would have attained 62 years of age.  Qualifying public and community service jobs included education, conservation, environmental protection, law enforcement, and public health care positions.  Section 4464 of the FY93NDAA allowed eligible members retiring under TERA to register on the PACS Registry in advance of the projected retirement date.  The law allows no provision to retroactively register for employment in public or community service organizations.  Per DoDI 1340.9, Certification 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.”   All reporting must be submitted to the Defense Management Data Collection (DMDC) and “shall be completed” by the retiree no later than one year after they would have attained 20 years of Total Active Federal Military Service (TAFMS) had they continued on active duty.  Program management was established and announced to the Services through the Assistant Secretary of Defense (ASD) Memorandum, Active Duty Early Retirement Policy Guidance, dated 12 Mar 93, and the ASD Memorandum, Implementing Procedures for Temporary Early Retirement Authority (TERA) Programs, dated 22 Apr 93.  The Air Force also provided specific instructions to the field through a Military Personnel Flight Letter (MPFL) 93-024, Voluntary Early Retirement Program, dated 9 Apr 93, and the Department of Defense (DoD) provided specific information on obtaining public and community service credit through the DoD Instruction 1340.19, Certification of Public and Community Service Employment of Military Retirees, dated 17 Nov 93.

The applicant retired 1 October 1993, completing 16 years and 27 days of active service; therefore, any creditable service must have been completed prior to 4 September 1998 (the date the member would have attained 20 years of TAFMS if the applicant had continued to serve on active duty).  The DMDC does not have any record that the applicant applied for PACS.  Recommend the Board deny the applicants request.  The guidance does not allow retroactive registration, and Civil Service was not the only way someone could receive PACS credit.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit C.

DFAS recommends denial indicating there is no evidence of an error or an injustice.  The TERA provides the authority for voluntary retirement of members on active duty with at least 15 years, but less than 20 years of creditable service.  Upon reaching age 62, the retiree is entitled to a recomputation of retirement pay based on Qualified Public Service (community service) prior to the date member would have accumulated 20 years for the computation of retired pay, which is called their Enhanced Retirement Qualification Date (ERQD).  The community service must be completed by the time the member would have accumulated 20 years of service for the computation of the retired pay at age 62.  In accordance with DoDI 1340.19, Certification of Public and Community Service Employment of Military Retirees, dated 17 Nov 93, all qualified public service had to be reported to the Defense Manpower Data Center (DMDC).  

The applicant’s ERQP started the day after her retirement date and ended on the day she would have achieved 20 years of military service had she not retired early.  No credit could be given for public and community service employment after the ERQP.  The Retired Pay Casualty System does not reflect the applicant completed additional Qualified Public Service (community service) recorded on her military retirement account.  

A complete copy of the DFAS evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

In further support of her application the applicant submitted a rebuttal to the Air Force evaluations.  She reiterates that when she retired she was not allowed to apply for Civil Service until six months after she retired.  She was not advised of the stipulation concerning her retirement and gaining employment in public service.  During this period when early retirement was implemented, there were several gray areas that were not made clear. 

THE BOARD CONCLUDES:

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 opinions and recommendations of AFPC/DP2STM and DFAS and adopt their 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.

THE BOARD DETERMINES:

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-2015-04254 in Executive Session on 22 Sep 16 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, dated 11 May 16.
Exhibit D.  Memorandum, DFAS, dated 15 Jun 16.
	Exhibit E.  Letter, SAF/MRBR, dated 17 Jun 16.
	Exhibit F.  Letter, Applicant, dated 20 Jul 16. 

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.