RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04399

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

His retirement pay be recomputed to allow for a full retirement.  

APPLICANT CONTENDS THAT:

He has reached the age of 62 and his retirement pay should be recomputed for the community service (Troops to Teachers) program that he completed.  

He was unaware of this program before retirement; he pursued his own secondary mathematics teacher certification in Texas, when he retired. Had he known of the stipends and assistance available at the time, he would have complied with sign up requirements prior to retirement and provided proof within one year after completing the requirements. As such, he spent four years as an inner city mathematics teacher. 

For his meeting the intent of PLl 02-484 to reduce the shortage of mathematics teacher, it would be unjust to deny him and his family the additional retirement he justly deserves.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired from the Air Force on 1 Oct 93 in the grade of major.  The remarks section of his DD Form 214, Certificate of Release or Discharge from Active Duty, block 18 state, “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 of the same law.”

On 1 Oct 93, the applicant signed AF Form 1160, Military Retirement Actions, and in section IV, remarks state, “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.”

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.  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 he 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 DMDC does not have any record that the applicant applied for PACS nor has the applicant 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 12 Mar 18 for comment (Exhibit D), and the applicant replied on 9 Apr 18.  He addresses the AFPC/DP2STM memorandum by noting that not all Family Support Centers (to include his at the time of retirement), were well-versed, rehearsed and motivated enough to advertise, promote and educate retirees as to the existence of the particulars and nuances of the TERA program, hence DoD Instruction 1340.19, Certification of Public and Community Service Employment of Military Retirees, dated 17 Nov 93.  The applicant also points out that his retirement was consummated even though his registration was not confirmed.   The applicant’s complete response is at Exhibit E.

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 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.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed that 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-2017-04399 in Executive Session on 27 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Sep 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 8 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Mar 18.
Exhibit E:	Applicant’s response, dated 9 Apr 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 AFBCMR Docket Number BC-2017-04399.