RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-00531

XXXXXXXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His retirement pay be adjusted to account for public service performed as a Temporary Early Retirement Authority (TERA) retiree.

APPLICANT CONTENDS THAT:
He retired in 2001 and registered for the Public and Community Service (PACS) program.  He performed public service during 2001 thru 2005; however, he failed to submit the required paperwork.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired as an Air Force major under the TERA after serving 15 years, 5 months and 29 days of total active service.    According to AF Form 1160, Military Retirement Actions, section IV, Remarks, dated 18 April 2000, the applicant acknowledged “he understands that I must register on the PACS registry at the Family Support Center (FSC) and that my retirement cannot be consummated until my registration has been confirmed.”  According to DD Form 2648, Preseparation Counseling Checklist, dated 5 July 2000, reflects the applicant registered for PACS.  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 applicant retired 1 March 2001 under the TERA authority.  The NDAA required members retiring under TERA to register in advance of the projected retirement date on the PACS Registry maintained under 10 USC Section 1143a.  The law allows no provision to register retroactively 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 no later than one year after they would have attained 20 years Total Active Federal Military Service (TAFMS) had they been continuously on active duty.  This date is referred to as the individual’s Enhanced Retirement Qualification Period (ERQP).  The applicant retired 1 March 2001, with 15 years, 5 months, and 29 days of active service; therefore, any creditable service must have been completed prior to 2 October 2005, the end of his ERQP.  Based on the reporting instructions established by the DMDC, the applicant was required to submit record of the creditable service within a year of that point (2 October 2005).  The DMDC does not reflect any record 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 12 September 2018 for comment (Exhibit D), and the applicant replied on 18 September 2018.  In his response, the applicant contended he did register for PACS under the TERA program; however, he was confused with the process and could not figure out how to submit the paperwork after the program ended.  In addition, the applicant contends it is an injustice that he will not receive credit for over four years of Public Service because he was unable to complete three forms.  The applicant’s complete response is at Exhibit E.

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 recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was 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 application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2018-00531 in Executive Session on 25 Oct 18

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Dec 18 [sic].
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 24 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Sep 18.
Exhibit E:	Applicant’s response, dated 18 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.