RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01063

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record be corrected to show he was registered for Public and Community Service (PACS) and completed enough qualifying employment as a schoolteacher for an increase in retirement pay at age 62.

APPLICANT’S CONTENTIONS

He retired under the Temporary Early Retirement Authority (TERA) in February 1997 with 18 years, 4 months of active service.  He has been a schoolteacher since 2003 and is currently 64 years old.  After completing research in preparation for retirement as a teacher, he believes teachers are on the PACS pre-approved employer list.  Further, he should be credited for his time as a schoolteacher and his TERA retirement pay should be recalculated to full creditable service retired pay at age 62.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACT

According to the DD Form 214, Certificate of Release or Discharge from Active Duty, on 31 January 1997, the applicant was voluntarily retired from the Air Force under the provisions of AFI 36-3203, Temporary Early Retirement Authority.  He was credited with 18 years and 4 months of total active service.

According to the employment verification, dated 7 January 2020 submitted by the applicant, he is employed by XXXXXXXXX Schools with a hire date of 11 August 2003. 

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

APPLICABLE AUTHORITY

The FY93 Defense Authorization Act (NDAA) enacted TERA, which permitted selected military members to retire early.  Section 534 of that law gave the Secretary of Defense authority to allow the Service Secretaries to permit early retirement for selected military members having more than 15 but less than 20 year of active service.  Section 4464 of the FY93 NDAA allowed eligible members retired under TERA to perform public and community service 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.  Public and community service job vacancies included education, conservation, environmental protection, law enforcement, and public health care positions.  Per DODI 1340.19, Certificate of Public and Community Service Employment of Military Retirees, the veteran must have performed public/community service “within the period beginning on the date of retirement and ending on the date the retired member would have attained 20 years of creditable service for computing retired pay.”  The NDAA allowed members retiring under TERA to register in advance of the projected retirement date on the Public and Community Service Registry maintained under 10 USC Section 1143a, allowing adjustment to the retirement pay at the age of 62.  The law allows no provision to retroactively register for employment in public or community service organizations.

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 1993.  Paragraph 3b, indicated that information would be provided to the member by the Family Support Center (FSC); the member could register for this program at the FSC prior to departure; and that registration "MUST BE CONFIRMED" before members were permitted to out-process.  Paragraph 7 also indicated that members must initiate the registration process prior to applying for the early retirement program.  Applicants were required to turn in proof of public or community service to the Defense Manpower Data Collection (DMDC) team not later than one year after they would have attained 20 years Total Active Federal Military Service (TAFMS) had they been on active duty.

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 finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the Board notes the applicant has not provided evidence he registered for the public and community service program prior to applying for early retirement.  Furthermore, the applicant has not provided proof of public or community service not later than one year after he would have attained 20 years Total Active Federal Military Service (TAFMS) had he been on active duty.   Lastly, 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-2020-01063 in Executive Session on 18 November 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 1 January 2020.
Exhibit B: Documentary evidence, including relevant excerpts from official records.

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.