RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00067 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. He receive constructive service credit (CSC) under the Public and Community Service (PACS) program for his teaching. 2. His retired pay be recomputed at age 62 utilizing the CSC. APPLICANT CONTENDS THAT: He either did not understand or was not properly briefed on the PACS Program at the time of his separation. On the day he sought additional information from his Air Force base on the PACS program, the assistance center was closed. This was before the age of the Internet, and he could not find anyone who could provide additional guidance. He completed his public service within the required three years of his separation, but he was under the impression his PACS documentation needed to be submitted prior to his turning 62 years old rather than within one year of completing the service. He actually taught in an urban school for a total of 17 years, assisted by the Troops to Teachers Program. Therefore, he should be granted an extension to the PACS filing deadline outlined in the NDAA. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 24 Oct 78. On 1 Jul 95, the applicant retired under the Temporary Early Retirement Authority (TERA) program, after serving 16 years, 11 months, and 4 days of total 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 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 so 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. The FY93NDAA allowed 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,” and all reporting “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. The applicant retired under TERA effective 1 Jul 95. Had he continued on active duty, he would have had 20 years of TAFMS on 24 Oct 98. Therefore, he had until 24 Oct 99 to report his qualifying employment. The applicant provided documentation showing he was employed as a teacher from 15 Sep 95 through 26 Aug 99. Unfortunately, the necessary documentation needed for PACS registration was not provided, and the applicant did not provide a timely PACS submission. A complete copy of the AFPC/DPSOR 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 Jul 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 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. 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-2014-00067 in Executive Session on 22 Jan 15 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Dec 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 17 Jul 14. Exhibit D. Letter, SAF/MRBR, dated 19 Jul 14.