ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00650 

XXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO	

APPLICANT’S REQUEST

The Board reconsider his request to have his retired pay adjusted to account for public service performed as a Temporary Early Retirement Authority (TERA) retiree.

RESUME OF THE CASE

The applicant is a retired Air Force staff sergeant (E-5).  

On 25 Jun 20, the Board considered and denied his request to adjust his retired pay to account for public service performed as a TERA retiree, finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  Additionally, the prior request was not timely submitted.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E. 

On 24 Apr 21, the applicant requested reconsideration of his request to adjust his retired pay to account for public service performed as a TERA retiree.  He contends when he signed his AF Form 1160, Military Retirement Actions, he was not aware of being eligible for a retired pay adjustment or when he would need to apply.  Had he been properly counseled prior to separating, he would have filed his request earlier.  His wife discovered he may be eligible for retired pay recomputation after he turned 62, when viewing his DD Form 214, Certificate of Release or Discharge from Active Duty.  It stated, “…and may qualify for recomputation of retired pay at age 62 pursuant to section 4464 of the same law.”  He did his due diligence to find out what that meant, which was not clear.  In support of his reconsideration request, the applicant submitted the following new evidence: (1) a copy of an approved Army Board for Correction of Military Records case Record of Proceedings, addressing a TERA recomputation request; and (2) a copy of Department of Defense Instruction 1332.37, Program to Encourage Public and Community Service Employment. 

The applicant’s complete submission is at Exhibit F.

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 remains unconvinced the evidence presented demonstrates an error or injustice.  Furthermore, the Board considered the new evidence submitted by the applicant; however, it is not sufficient to overturn the previous Board’s decision.  Lastly, the Board notes the applicant’s assertion that there are BCMR cases significantly close in circumstance that were looked upon favorably and that similar consideration should be applied.  The Board notes that each case is considered on its own merits and the Board evaluates and analyzes the evidence presented in a case and does not recommend relief in one case simply because the situation being reviewed appears similar to another case.  Therefore, other than the applicant’s own assertions, the case cited is not a controlling issue in the Board’s decision on the instant case.  As such, 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-2020-00650 in Executive Session on 6 Oct 21:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 28 Jul 20.
Exhibit F:	Application, DD Form 149, w/atchs, dated 24 Apr 21.

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.