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) HR 5006 (102nd): NDAA for FY93 
 (c) DoDI 1340.19 of 17 Nov 93 
 (d) NAVADMIN 273/96 of 21 Nov 96 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  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 completed all requirements to receive service credit for eligible employment under Public and Community Service (PACS). 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 13 October 2020 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 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:   
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  On 14 November 1980, Petitioner entered active duty. 
 
     c.  In accordance with reference (b),  If a member or former member of the Armed Forces retired under section 4403(a) or any other provision of law authorizing retirement from the Armed Forces (other than for disability) before the completion of at least 20 years of active duty service (as computed under the applicable provision of law) is employed by a public service or community service organization listed on the registry maintained under section 1143a(c) of title 10, United States Code (as added by section 4462(a)), within the period of the member’s enhanced retirement qualification period, the member’s or former member’s retired or retainer pay shall be recomputed effective on the first day of the first month beginning after the date on which the member or former member attains 62 years of age. 

     d.  In accordance with reference (c), Certification of Public and Community Service Employment of Military Retirees, during retirement processing, the Military Services shall provide each retiree a copy of DD Form 2676, "Validation of Public or Community Service Employment," (enclosure 1) and explain the reporting requirements and procedures for enhanced retirement credit as described in this Instruction. A retiree who becomes employed under the conditions specified in subsection 3.1., above, shall obtain certification of employment from the employing organization and submit a completed DD Form 2676 as follows: At the beginning of a qualifying period of employment, at the end of a qualifying period of employment or the end of the enhanced retirement qualification period, whichever comes first, and annually during a qualifying period of employment on the anniversary of the date of retirement, unless this date is within 3 months of either of the dates defined by subparagraphs 5.3.1.l. and 5.3.1.2., above. Finally, all reporting shall be completed by the retiree within 1 year of the end of the enhanced retirement qualification period. 
 
     e.  On 13 September 1996, Retirements/Fleet Reserve Division notified Chief of Naval Personnel via letter, “ I recommend the requests for voluntary retirement in enclosure (1) [Request for voluntary retirement with 15 years but less than 20 years active service] be approved for the first day of the month indicated below, or within 45 days after we are notified that each individual physically qualified for retirement, whichever is later.  Each individual is eligible for retirement under reference (a) [SECNAVINST 1811.3M].  The applicable portion of Title 10 USC follows each name.” 
 
     f.  In accordance with reference (d), this NAVADMIN announces the closure of the USN Enlisted and USN Officer TERA programs announced in reference (a) and (b).  Reference (b) [CNO message 252320ZJUL96], announced that TERA might become available on a voluntary basis for some Officers if allocation beyond two failures of selection (2XFOS) and limited duty (L4/L5) Officers would permit. Assessment of the current program indicates that a voluntary Officer TERA program in FY97 can not be offered.  TERA will continue to be authorized for eligible Officers who are required to separate for 2XFOS to the next higher grade.   
 
     g.  On 31 January 1997, Petitioner retired via Early Retirement. 
 
     h.  On 14 November 2000, Petitioner would have attained 20 years of creditable service.  
 
     i.  On 2 September 2018, Petitioner turned 62.  
 
     j.  On 20 September 2018,  notified to whom it may concern that Petitioner began employment with  on 25 August 1999 as a teacher.  Petitioner is still currently employed with this district.  
 
     k.  On 21 September 2018,  notified to whom it may concern that Petitioner was employed, as a teacher, with , from 13 January 1997 to 20 June 1999.  He worked 108 days during 2006 to 2007 and 200 days each year for 1997 to 1998 and 1998 to 1999.       
                 

CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (c), the Board finds the existence of an injustice warranting the following partial corrective action.  The Board concluded that Petitioner received improper counselling pertaining to PACS.  Although Petitioner did not follow the administrative procedures, he did complete qualifying periods of employment during the enhanced retirement qualification period.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted all requirements to be registered for PACS prior to 1 February 1997. 
 
Petitioner obtained a certification of employment from the employing organization and submitted a completed DD Form 2676 for each qualifying period of employment beginning 25 August 1999 and ending on 13 November 2000, which were approved by cognizant authority. 
 
Petitioner completed all reporting within 1 year of the end of the enhanced retirement qualification period. 
 
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. 
 
That part of the Petitioner's request for corrective action that exceeds the foregoing be denied.  The Board could not approve service credit for employment with the because they are not listed on registry of public and community service organizations, maintained by the Department of Defense. 
                                                        
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.