RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00650
XXXXXXXXXXXXXX	COUNSEL: NONE
HEARING REQUESTED: NO

APPLICANT’S REQUEST
His retirement pay be adjusted to account for public service performed as a Temporary Early Retirement Authority (TERA) retiree.
APPLICANT’S CONTENTIONS
He retired in 1994, under TERA with 16 years and 5 months of active military service as provided by section 4403 of the Fiscal Year 1993 National Defense Authorization Act (NDAA) (PL-102- 484). TERA permits him to receive service credit for employment with qualified employers for a period up to the date he would have attained 20 years of service known as the Enhanced Retirement Qualified Period (ERQP).
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force staff sergeant (E-5).
On 30 June 1993, according to AF Form 1160, Military Retirement Actions, section IV (Remarks), the applicant acknowledged “I understands that I must register on the Public and Community Service (PACS) Registry at the Family Support Center (FSC) as soon as forms are available.”

On 1 September 1994, the applicant retired under the TERA program and was credited with      16 years, 5 months, and 14 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/DP2SSR recommends denying the application. The applicant retired on 1 September 1994 under the TERA program. The NDAA required members retiring under TERA to register in advance of the projected retirement date on the PACS Registry maintained pursuant to Title 10 United States Code, Section 1143a. The law allows no provision to register retroactively for employment in public or community service organizations. Members 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 had they been continuously on active duty. This date is referred to as the individual’s ERQP. The

applicant retired 1 September 1994, with 16 years, 5 months, and 14 days of active service; therefore, any creditable service must have been completed prior to 17 March 1998, the end of his ERQP. Based on the reporting instructions established by the DMDC, the applicant was required to submit a record of the creditable service within a year of that point (17 March 1999). The DMDC does not reflect any record the applicant applied for PACS. Had the applicant properly registered within the allotted time period and provided the required documentation, he 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 12 May 2020 for comment (Exhibit D), but has received no response.
FINDINGS AND CONCLUSION
1.	The application was not 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/DP2STM and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR). While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence. The Board does not find it in the interest of justice to waive the three-year filing requirement. Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.
RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2020-00650 in Executive Session on 25 June 2020:
, 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 27 November 2020.
Exhibit B: Documentary evidence, including relevant excerpts from official records.

Exhibit C: Advisory opinion, AFPC/DP2SSR, dated 12 May 2020.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 12 May 2020.
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.