RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-01502

XXXXXXXXXX					COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His records include his public service for the US Postal Service.

APPLICANT CONTENDS THAT:

He retired under Temporary Early Retirement Act (TERA) with a reduced retirement.  He has fulfilled the obligation to receive the full 50% of his retirement by working for the US Postal Service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  

On 1 Oct 93, the applicant was retired, and was credited with 16 years, 3 months, and 7 days of active service.

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), enacted the Temporary Early Retirement Authority (TERA), which permitted members having more than 15 but less than 20 year of active service to retire early.  

The NDAA also allowed eligible members retired 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, and where applicable, the Survivor Benefit Plan (SBP) base amount when the retired member attains or would have attained 62 years of age.

The Air Force provided specific instructions to the field through a Military Personnel Flight Letter (MPFL) 93-024, Voluntary Early Retirement Program, dated 9 April 93.  The Department of Defense (DOD) provided specific information on obtaining public and community service credit through the DoD Instruction 1340.19, Certification of Public and Community Service Employment of Military Retirees, dated 17 Nov 93.

Members were required to register in advance of the projected retirement date on the Public and Community Service Registry.  The law allows no provision to retroactively register.  Applicants were required to turn in proof of public or community service to the Defense Manpower Data Collection (DMDC) team not later than 1-year after they would have attained 20-years Total Active Federal Military Service (TAFMS) had they been continuously on active duty.
 
The applicant retired effective 1 Oct 93 under the TERA, with 16 years, 3 months, and 7 days of TAFMS.  Any creditable service must have been completed prior to 24 Jun 97 (the date the member would have attained 20 years of TAFMS if the applicant had continued to serve on active duty).  Based on the reporting instructions the applicant was required to submit record of the creditable service within a year of that point (24 Jun 96).  The DMDC does not have any record that the applicant applied for PACS.  Had the applicant properly registered within the allotted time period, then he would have been eligible to receive credit for the time served at the post office.  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 17 Sep 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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 or 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, 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).  Moreover the applicant has offered no plausible reason for the delay in filing the application.  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:  

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-2018-01502 in Executive Session on 23 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/atch, dated 9 Apr 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2STM, dated 11 May 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, 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.