RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01068

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record be corrected to recompute his retirement pay in accordance with the Temporary Early Retirement Authority (TERA).

APPLICANT’S CONTENTIONS

His DD Form 214, Certificate of Release or Discharge from Active Duty, item 18, Remarks, indicates he retired as provided by Section 4403 of the FY93 National Defense Authorization Act (NDAA) and  qualifies for recomputation of retired pay at age 62 pursuant to Section 4464 of the same law.  There is no error but he requests a recalculation of retired pay based on the fulfilled requirement.  

In support of his application, he has submitted the DD Form 2581-1, Public and Community Service Organization Validation, the DD Form 2676, Validation of Public or Community Service Employment, and the DD Form 2581, Operation Transition Employer Registration verifying his employment with the Northside Independent School District from 12 Apr 07 to 3 Jun 16.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 1 Feb 94, according to AF Form 1160, Military Retirement Actions, Section IV, Remarks, the applicant acknowledged “I understand that I must register on the Public and Community Service Registry at the Family Support Center and that my retirement cannot be consummated until my registration has been confirmed.”

On 30 Sep 94, according to DD Form 214, 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 16 years, 4 months and 1 day of active service.

On 30 Oct 19 and 7 Nov 19, according to DD Form 2676, Validation of Public or Community Service Employment, the applicant and his employer certified the applicant's dates of qualifying public and community service were between 12 Apr 07 and  3 Jun 16.

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  Congress enacted the TERA program pursuant to the FY93 NDAA, which permitted selected military members to retire early.  Section 4464 of the FY93 NDAA 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 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 Mar 93, 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 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 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 Enhanced Retirement Qualification Period (ERQP).  The applicant retired 1 Oct 94 with 16 years, 4 months, and 1 days of active service, therefore, any creditable service must have been completed prior to 30 May 98 (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 (or 30 May 99).  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, 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 26 Jan 21 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/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Based on the reporting instructions established by the DMDC, the applicant was required to submit a record of creditable service a year after his ERQP (or 30 May 99).  The DMDC does not have any record that the applicant applied for PACS.  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-2020-01068 in Executive Session on 25 Mar 21:

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 8 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 24 Nov 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 Jan 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.