RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04453

XXXXXXXXXX (MEMBER)	COUNSEL: NONE
	
	HEARING: YES	

APPLICANT REQUESTS THAT:

He received a retirement based on the Temporary Early Retirement Authority (TERA).

APPLICANT CONTENDS THAT:

After he separated, TERA was not an option for him.  He received a letter stating he was eligible to apply for early retirement after his voluntary separation pay (VSP) was approved.  He was told he could not opt out of the VSP program once approved.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 29 Sep 14, the applicant separated from the Regular Air Force in the grade of major.  He completed 15 years and 5 days of active service.

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

AIR FORCE EVALUATION:

AFPC/DP2STM makes no recommendation, however they state the applicant has not exhausted all of his administrative remedies related to his indebtedness from the VSP program, indicating he may request a Secretarial waiver of the VSP repayment by completing DD Form 2789, Waiver/Remission of Indebtedness Application.  The complete advisory is at Exhibit C.

In a separate advisory dated 8 Nov 17, AFPC/DP2STM recommends granting the application since he was eligible to apply prior to his actual separation date and there is no documentation to show whether he was told he could not withdrawal his VSP or that he could.  

Per PSDM 14-62, Temporary Early Retirement Authority (TERA) Program for Officers Twice Non-Selected for Promotion by the CY14 Lt Col Central Selection Board (CSB), Officers who were twice non-selected for promotion and not offered (or declined) continuation.  The applicant would have been eligible for TERA and should have received that notification in the memorandum he received for non-selection.

PSDM 14-62, p. 5, 1c. states, “Officers twice non-selected for promotion by the CY14A Lt Col CSB, who were not offered continuation or who declined continuation, will have a Mandatory Separation Date (MSD) established as 31 Dec 14.” To be eligible for TERA, these officers must request withdrawal of an approved voluntary separation date before applying for retirement under the TERA program.

The applicant was notified of his second non-select for promotion on 26 Jun 14, with a mandatory separation date of 31 Dec 14.  A special TERA "program" was opened on 26 Jun 14 to allow those twice non-selects who met TERA eligibility requirements to apply for TERA.  The applicant says he was not told before he applied for VSP about being eligible for TERA, but he applied for VSP during an open application window (Apr 14) and he did not become eligible for TERA until 26 Jun 14 when he was notified of his twice non-select.  Once he had an approved VSP, TERA was no longer an option.  All of the TERA PSDMs for the phases of the program included a provision that if a member had an approved or pending separation or retirement, they were not eligible to apply for TERA.  However, in the applicant’s case as a twice non-select, he would have been eligible to request withdrawal of the approved VSP separation per PSDM 14-62, 1c and applied for TERA.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Nov 17 for comment (Exhibit E), 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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

	a.	He applied for early retirement under the provisions of the Temporary Early Retirement Authority with an effective date of retirement of 1 January 2015, and his request was approved by competent authority. 

	b.	On 1 January 2015, he was retired under the provisions of the Temporary Early Retirement Authority in the grade of major, rather than being released from active duty with voluntary separation pay (VSP).

The application was adjudicated without a personal appearance.

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-2017-04453 in Executive Session on 6 Jun 18:

, Panel Chair
, Member
, Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 3 Nov 17	
Exhibit D:	Advisory opinion, AFPC/DP2STM, dated 8 Nov 17
Exhibit E:  Letter, SAF/MRBC to applicant, dated 13 Nov 17.

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