RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00107

xxxxxxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His retired pay be adjusted to account for public service he performed as a retiree under the Temporary Early Retirement Authority (TERA) program.

APPLICANT’S CONTENTIONS

He was not aware of the public and community service (PACS) requirement for enhanced retired pay until recently.  However, he was employed in education from 1995 through 1998, and onward.  His employment should fulfill the requirement for enhanced retired pay under the TERA program.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4).  

On 25 Aug 94, the applicant signed DD Form 2648, Preseparation Counseling Checklist, and indicated his desire for PACS counseling, in Block 3d.

On 30 Sep 94, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was separated from active duty for the purpose of retirement.  Item 18 (Remarks) states “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.”  He was credited with 15 years, 11 months, and 16 days active service. 

On 1 Oct 94, under Special Orders No. AC-022629, dated 6 Aug 94, the applicant was retired, in the grade of major (O-4).

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application. Congress enacted the TERA program pursuant to the FY93 National Defense Authorization Act (NDAA), which permitted selected military members to retire early.  Section 4464 of the FY93 NDAA allowed eligible members retired under TERA to perform PACS following retirement and receive credit for this service to be used to re-compute military retired pay, and where applicable, the Survivor Benefit Plan base amount when the retired member attains or would have attained 62 years of age.

The FY93 NDAA required members retiring under TERA to register in advance of the projected retirement date on the PACS Registry maintained under Title 10 United States Code, Section 1143a.  The law allows no provision to retroactively register for employment in PACS organizations.

Program management was established and announced to the Services through the Assistant Secretary of Defense (ASD) Memorandum, Active Duty Early Retirement Policy Guidance, dated 12 March 1993, and the ASD Memorandum, Implementing Procedures for Temporary Early Retirement Authority (TERA) Programs, dated 22 Apr 93.  The Air Force also provided specific instructions to the field through a Military Personnel Flight Letter 93-024, Voluntary Early Retirement Program, dated 9 Apr 93.  The Department of Defense (DoD) also provided specific information on obtaining PACS credit through DoD Instruction 1340.19, Certification of Public and Community Service Employment of Military Retirees, dated 17 Nov 93.

Members were required to turn in proof of PACS to the Defense Manpower Data Center (DMDC) team no later than one year after they would have attained 20 years Total Active Federal Military Service  had they been continuously on active duty.  This date is referred to as the individual’s Enhanced Retirement Qualification Period (ERQP).  The applicant retired on 1 Oct 94 and was credited with 15 years, 11 months, and 16 days of active service; therefore, any creditable service must have been completed prior to 15 Oct 98 (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 (or 15 Jul 99 [sic]).  The DMDC does not have any record that the applicant applied for PACS.  Had the applicant properly registered within the allotted time period and provided the required documentation, she would have been eligible to receive credit for the time served under the PACS program.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Sep 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant did not comply with the legal requirement to pre-register for PACS or provide evidence of this service to the DMDC within the established one-year suspense of his 20-year TAFMS date.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-00107 in Executive Session on 17 Dec 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 9 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Sep 20.

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