RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04842

	COUNSEL: NAME
	
	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He reached the age of 62 on 27 Mar 18 and his retirement pay should be recomputed for the community service program that he completed.

He retired in 1993 under Temporary Early Retirement Authority (TERA), section 4403 of the FY93 National Defense Authorization Act (PL-102-484) and was employed as an Air Force Police Officer for 22 years after retirement.  He submitted the request to Defense Finance and Accounting Service (DFAS) and the Air Force Personnel Center (AFPC) prior to turning age 62, but was informed he had exceeded the time limitations for re-computation of retired pay and it should have been submitted 3 years after his retirement.  He had no knowledge of the time limit requirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired from the Air Force on 31 Oct 93 in the grade of staff sergeant.  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 4464 of the same law.”

On 5 May 93, the applicant signed statement, “I understand that I must register on the Public and Community Registry at the Family Support Center and that my retirement cannot be consummated until my registration has been confirmed,” as evidence by AF Form 1160, Military Retirement Actions, Block IV, Remarks.

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 perform public and community service (PACS) following retirement and receive credit for this service to be used to recompute military retired pay.  The NDAA required members 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 DMDC does not have any record that the applicant applied for PACS. 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 13 Sep 18 for comment (Exhibit D), and the applicant replied on 17 Sep 18.  In response, the applicant reiterates no one explained that he had to apply or fill out any paperwork prior to age 62 and his community service job as a Department of the Air Force Police Officer qualifies under the criteria of the FY 93 NDAA Section 4464.  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 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 record.
 
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-2017-04842 in Executive Session on 3 Oct 18:

	Panel Chair
	Member
	Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 31 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 7 Sep 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Sep 18.
Exhibit E:	Applicant’s response, dated 17 Sep 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-2017-04842.