RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02265

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His retirement pay be recomputed now that he has reached the age of 62 for the community service (Troops to Teachers) program that he completed.

APPLICANT CONTENDS THAT:

He retired under section 4403 of the FY 93 National Defense Authorization Act (NDAA FY93) 
Public Law (PL) 102-484, and his retirement pay was not recalculated at age 62 for the community service (Troops to Teachers) program that he completed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired from the Air Force under Temporary Early Retirement Authority (TERA) on 31 Aug 94 in the grade of captain.  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 and may qualify for a recomputation of retired pay at age 62 pursuant to Section 4464 of the same law.”

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

AIR FORCE EVALUATIONS:

AFPC/DP2STM recommends denying the application.  The policy ensured members retiring under this program were given various avenues to obtain information about the Public and Community Service (PACS) application and how to register. The applicant was required to turn in proof of public or community service to the Defense Manpower Data Collection (DMDC) not later than one year after he would have attained 20 years of total active federal military service (TAFMS) had he been continuously on active duty. Accordingly, the applicant should have submitted proof of employment no later than 4 Jan 98.  The DMDC does not have any record that the applicant applied, he has not provided documentation to show that he applied at all or within the parameters outlined and the guidance does not allow retroactive registration.  The complete advisory is at Exhibit C.

DFAS-IN recommends denying the application.  Members who retired under the TERA program 
who did public service after he/she retired could get up to 20 years of service if he/she worked in public service positions during the time they left the service and he/she reached 20 years of service.  The applicant retired with 17 years, 7 months and 27 days of service and the most public service credit he can get is 2 years, 4 months and 3 days.  The applicant should have filed his public service information with DEERS in the 1990's while he was working so DEERS could determine if the job qualified as public service. Based on the fact he changed jobs several times during these 2 years, 4 months and 3 days, we are sure he will have some gaps which will keep him from getting exactly 20 years, even if all the "jobs" count as public service.  The applicant will need to provide detailed dates on each job, when he started, stopped and started another job in order to more accurately recalculate his retirement pay at age 62.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The board sent copies of the Air Force evaluations to the applicant on 21 Feb 18 for comment (Exhibit E), and the applicant’s response was received on 10 Apr 18.  The applicant contends he believed he was registered for the program and he submitted the documentation annually to Troops to Teachers.  He was not informed that he had to submit his documentation to the Air Force, DFAS or DoD. The applicant provides additional documentation in support of his request.  The applicant’s complete response is at Exhibit F.

THE BOARD CONCLUDES THAT:

1.  The application was not 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 DFAS-IN 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.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  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-2017-02265 in Executive Session on 30 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, 19 Dec 17.
Exhibit D: 	Advisory opinion, DFAS-IN, not dated.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Feb 18.
	Exhibit F:  Letter, Applicant, not dated

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