RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01134

XXXXXXXXXXXXXX	COUNSEL:  NONE

HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be authorized retirement under the Temporary Early Retirement Act (TERA).

APPLICANT’S CONTENTIONS

TERA authorized members with over 15 years, but less than 20 years of total active duty service to apply for early retirement. He was not notified or counseled to this effect and should have been entitled to early retirement at the time of his discharge in accordance with Title 10 United States Code, Section 12732 and the Defense Finance and Accounting Service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant initially entered the Regular Air Force on 23 November 1979.

On 25 February 1996, the applicant was furnished a general (under honorable conditions) discharge for misconduct in accordance with AFI 36-3208, Administrative Separation of Airmen, and credited with 10 years, 3 months and 2 days of total active service and 6 years of lost time (26 February 1990 – 25 February 1996)

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

APPLICABLE AUTHORITY

In the National Defense Authorization Act for Fiscal Year 1993 (FY93 NDAA), Public Law (PL) 102- 484, 23 October 1992, Congress enacted the Temporary Early Retirement Authority (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. Public Law 107-314, NationalDefense Authorization Act for Fiscal Year 2003, Section 554, extended TERA to 1 September 2002 at which time that TERA authority expired.

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. Per AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, applicants have the burden of proof for providing evidence in support of their claim. As such, the applicant has provided insufficient evidence to show he registered in advance of his projected retirement date on the Public or Community Service (PACS) Registry in accordance with Title 10, United States Code, Section 1143a. In addition, he did not provide any information that he turned in proof of PACS to the Defense Manpower and Data Center no later than one year after he would have attained 20 years Total Active Federal Military Service had he been continuously on active duty. 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). 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.

4.	The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-01134 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 23 July 2019.
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.