RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01586

	COUNSEL:

	HEARING: NO

APPLICANT REQUESTS THAT:

Her retirement pay be recomputed to allow full retirement now that she has reached the age of 62.

APPLICANT CONTENDS THAT:

She retired under Temporary Early Retirement Authority (TERA), section 4403 of the FY93 National Defense Authorization Act (PL-102-484) and worked as a nurse which should be considered public community service and should be entitled to have her pay adjusted to allow full retirement.  She was never told to submit any forms in advance.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired from the Air Force on 1 Apr 96 in the grade of lieutenant colonel.  The remarks section of her DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the following: “Member is retiring as provided by Section 4403 of the FY93 National Defense Authorization Act (PL 102-484) and may qualify for a recomputation of retired pay at age 62 pursuant to Section 4464 of the same law.”

On 24 Jul 96, the applicant signed AF Form 1160, Military Retirement Action, and in section IV, comments stated, “I UNDERSTAND THAT I MUST REGISTER ON THE PUBLIC AND COMMUNITY SERVICE REGISTRY AT THE FAMILY SUPPORT CENTER AND THAT MY RETIREMENT CANNOT BE CONSUMMATED UNTIL MY REGISTRATION HAS BEEN CONFIRMED.”

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  Based on the procedures established for the TERA processing, and the information contained in the retirement application (AF Form 1160) signed by the applicant, it appears she was properly notified of the program requirements prior to retirement. Applicants were required to turn in proof of public or community service to the Defense Manpower Data Collection (DMDC) team not later than one year after they would have attained 20 years Total Active Federal Military Service (TAFMS) had they been continuously on active duty; which is the individuals Enhanced Retirement Qualification Period (ERQP).  The policy ensured members retiring under the TERA program were given various avenues to obtain information about the PACS and how to register. The applicant has not provided documentation to show that she applied at all or within the parameters.  Additionally, the guidance does not allow retroactive registration.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions and there is no evidence in the applicant’s official military record, nor did she submit such evidence that she applied with the DMDC nor submitted her community service documentation within the one-year parameter.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01586 in Executive Session on 20 Jun 18:

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All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 23 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 10 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-01586.