DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5122-18 MAR 11 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. §1552 (b) DODI 1340.19 dtd 17 Nov 93 (c) DODI 1332.37 dtd 29 Jun 94 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record I. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner received service credit for Public and Community Service (PAC) and receive back pay. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 16 October 2018 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of the Petitioner"s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: before applying to this Board. Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. CONCLUSION Upon review and consideration of all the evidence of record, and references (b) and (c), the Board finds the existence of an injustice warranting the following corrective action. On 9 March 1995, Petitioner was authorized to Transfer to Fleet Reserve with 17 years, 6 months, and 24 days. Furthermore, command was notified that do not retire service member until registration for Public and Community service (PACS) is completed. By Law, all Temporary Early Retirement Authorization (TERA) retirees are required to register for PACS prior to retirement but are not required to accept employment. Petitioner retired on 30 April 1996. Nevertheless, DMDC does not show Petitioner as reported for TERA in their records. However, Petitioner was employed by from 5 August I997 to 27 May 2011. On 27 May 2011, Petitioner turned 62. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner register within 90 days of his retirement date, for public and community service (PACS) employment, and was referred to Transition Assistance Program Counselor for registration. Note: Petitioner worked in DoD-approved PACS employment between the date of early retirement and the date in which he attained 20 years of creditable service for computing retired pay, and retired on or after October 23, 1992 and before October 1, 1999. Petitioner submitted a completed DD Form 2676 at the beginning of qualifying period of employment (5 May 1997). Petitioner submitted a completed DD Form 2676 annually during a qualifying period of employment on the anniversary of the date of retirement (1 May 1998). Petitioner a completed DD Form 2676 at the end of the enhanced retirement qualification period on or about 6 October 1998. Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any back pay and allowances. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director