RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03226 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive an adjustment to his military retired pay in accordance with (IAW) the early retirement policy or Section 4464 of Public Law (PL) 102-484. APPLICANT CONTENDS THAT: After his retirement, he was a certified Special Education teacher for 10 years and a substitute teacher for five years. He also served as a major in the Texas State Guard for five years. Additionally, from 2001 to 2009, he volunteered as an Air Force Academy Liaison Officer. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 May 80, the applicant entered the Regular Air Force. On 31 Aug 93, the applicant was relieved from active duty and retired, effective 1 Sep 93. During this active duty period, he was credited with 13 years, 3 months and 16 days of active service. The applicant had prior active service totaling 4 years, 4 months and 14 days. The applicant’s voluntary retirement with less than 20 years of service was in accordance with PL 102-484, Early Retirement Program. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which are included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOR recommends approval of adjustment of the applicant’s retired pay. He provided sufficient employment documentation that suits the program criteria during his “enhanced retirement qualification period” (ERQP) timeframe and the employment history met the established guidelines. Per Section 4464 of the FY93 NDAA, his retirement pay should be adjusted as of the 62nd birthday, xx xxx xx. The National Defense Authorization Act for Fiscal Year (1993) (FY93 NDAA), PL 102-484, 23 Oct 92, Congress enacted the Temporary Early Retirement Authority (TERA), which permitted selected military members to retire early. Section 534 of that law 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 years of active service. Section 4464 of the FY93 NDAA allowed eligible members retired under TERA to perform public and community service following retirement and receive credit for this service to be used to recompute military retired pay, and where applicable, the Survivor Benefit Plan (SBP) based amount when the retired member attains or would have attained 62 years of age. Public and community service job vacancies included education, conservation, environmental protection, law enforcement and public health care positions. Per DoD Instruction 1340.19, paragraph 2.2.3, the veteran must have performed public/community service “within the period beginning on the date of retirement and ending on the date of retired member would have attained 20 years of creditable service for computing retired pay.” This timeframe is referred to as the ERQP (see above). DoD Instruction 1340.19 paragraph 5.3.3 also states all reporting should have been completed by the retiree no later than one year following the ERQP. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 15 May 1980. He retired under TERA effective 1 Sep 93. Therefore, his ERQP was from 1 Sep 93 through 1 Jan 96, based on his inactive and prior service time. The applicant provided employment documents indicating he was employed during his ERQP. The complete DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant acknowledged receiving the memorandum regarding his case and concurs with the recommendation. He is grateful to the AFPC staff and the Air Force Board for the Correction of Military Records (AFBCMR) staff for their assistance and work in resolving his case. The complete APPLICANT rebuttal letter is at Exhibit D. ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSOR advises the applicant is allowed 11 months and zero days of creditable service based on his employment during the EQRP window. The complete DPSOR Evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Oct 15 for review and comment within 30 days (Exhibit F). 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission, including attachments, in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. The Board acknowledged the fact that the applicant did not register or provide community service documentation to the Defense Manpower Data Collection (DMDC) registration site IAW with program guidelines. However, due to the DMDC acknowledgment of limited program awareness to retirees, DMDC supports relief provided by Service correction boards when appropriate. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to adjust military retirement pay as of his 62nd birthday, xx xxx xx, based on 11 months of creditable service and employment IAW National Defense Authorization Act for Fiscal Year 1993, Section 4464. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03226 was considered: Exhibit A. DD Form 149, dated 30 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 8 Oct 14. Exhibit D. Applicant Letter, dated 17 Mar 15. Exhibit E. Electronic Mail, AFPC/DPSOR, dated 12 Jun 15. Exhibit F. Letter, SAF/MRBC, dated 7 Oct 15.