RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01922

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

He be given compensation for 2 years of the Temporary Early Retirement Authority (TERA) program that he retired under in 1995.

APPLICANT CONTENDS THAT:

He should be compensated for the 2 years of community service he completed from 1996 to 1999 for the TERA program.  Since he turned 62 years of age in 2016, he has never been able to connect to the proper parties who could assist him. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired from the Air Force on 1 Nov 95 in the grade of technical sergeant.  The remarks section of his 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 qualify for a recomputation of retired pay at age 62 pursuant to Section 4464 of the same law.”

On 13 Jun 95, the applicant signed DD Form 2648, Preseparation Counseling Checklist, and in block 17, comments indicates he was informed that he was required to input his PACS application (DD Form 2580) prior to taking leave.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  
The National Defense Authorization Act for Fiscal Year 1993 (FY93 NDAA) allowed members retiring under TERA to register in advance of the projected retirement date on the Public and Community Service Registry maintained under 10 USC Section 1143a. The law allows no provision to retroactively register for employment in public or community service organizations. 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 The applicant has not provided documentation to show that he 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 8 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 recommendations 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 he submit such evidence that he applied with the DMDC nor submitted his 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-2017-01922 in Executive Session on 20 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 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 8 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-2017-01922.