RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01168

XXXXXXXXXX	COUNSEL: NO
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His retirement pay be recalculated to include five years of qualifying service for his public service under the provisions of the 1993 Temporary Early Retirement Act (TERA). 

APPLICANT’S CONTENTIONS

The Air Force committed an error by not providing him with information concerning the certification process IAW DODI 1340.19, Certification of Public and Community Service Employment of Military dated 17 Nov 93.  Paragraph 5.1 clearly states, “During retirement processing, the Military Services shall provide each retiree a copy of DD Form 2676, Validation of Public Community Service Employment and explain the reporting requirements and procedures for enhanced retirement credit as described in the Instruction.”  This was not done, it appears the Air Force's guidance, MPFL 93-024, dated 9 Apr 93 was sent out six months before official instructions were provided by DOD.  This lack of correct information would explain why it was not provided at that time.  AFBCMR decisions have consistently maintained that the Air Force provided specific instructions to the field through a Military Personnel Flight Letter (MPFL) 93-024, Voluntary Early Retirement Program, dated 9 Apr 93 (Docket Number BC-2015-04254). However, the Department of Defense (DoD) did not provide specific information on obtaining public and community service credit through DoD Instruction 1340.19, until 17 Nov 93.  Thus, MPFL 93-024 was sent out six months before official instructions were provided by DOD.  Based on this, personnel could not have had the correct information on certification and validation of community service to provide to retirees.  If he had been briefed at outprocessing about the certification process, he could/would have complied.  To know about the certification process and fail to comply is one thing but to hold him accountable for this certification, when he had no knowledge of it, is another.  He out-processed with the sincere belief that he had all the information needed to obtain this credit when the time came.  In support of his request, the applicant provides a certificate in recognition, retirement orders, DD Form 214 and a letter thanking him for 22 years of dedicated service with the Air Force Junior Reserve Officer Training Corps (AFROTC). 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

Per the applicant’s DD Form 214, Certificate of Discharge or Release from Active Duty, on 30 Sep 94, he retired in the grade of major (O-4) after serving 15 years, 6 months and 6 days of active service.  His narrative reason for separation is “Temporary Early Retirement Authority.”  Block 18, Remarks, indicates, “Member is retiring as provided by Section 4403 of the FY93 National Defense Auth Act (PL 102-484) and may qualify for a recomputation of retired pay at age 62, pursuant of the same law.”

APPLICABLE AUTHORITY

MPFL 93-024, dated 9 Apr 93, provided implementing guidance for Phase I of the Voluntary Early Retirement Program authorized in the FY93 National Defense Act, Public Law 102-484, dated 23 Oct 92.  “Members retiring under the Early Retirement Program must, by law, register on the Public and Community Service Registry maintained under 10 U.S.C. 1143a, which provides for a program to encourage members and former members of the armed forces to enter public and community service jobs after release from active duty.  Registration is accomplished at the Family Support Center (FSC) by completing a DD Form 2580, DOD and Referral System/Public and Community Service Individual Application and entering it into the FSC computer.  The FSC will retain the hard copy; the computer screen display of the completed document should be printed off and submitted to the MPF with the application for early retirement, which can then be processed.  If the software and forms are not available at the FSC, the member should sign the following statement in the remarks section of the AF Form 1160, Military Retirement Actions:  ‘I understand that I must register on the Public and Community Service Registry at the FSC as soon as forms are available.’  However, registration MUST BE CONFIRMED BEFORE members are permitted to outprocess."

DoDI 1340.19, Certification of Public and Community Service Employment of Military Retirees dated 17 Nov 93, states “It is DoD policy that a retiree shall receive military service credit for all qualifying periods of employment during the enhanced retirement qualification period.  During retirement processing, the Military Services shall provide each retiree a copy of DD Form 2676, Validation of Public or Community Service Employment, and explain the reporting requirements and procedures for enhanced retirement credit as described in this Instruction.  All reporting shall be completed by the retiree within one year of the end of the enhanced retirement qualification period.

DODI 1332.37, dated 29 Jun 94, Incorporating Change 1, 5 Aug 94, Program to Encourage Public and Community Service Employment, paragraph 6.3 states “Transition Assistance Program Counselors shall counsel separating Service members, DoD civilian personnel leaving the Government, and their spouses on PACS employment.  Counselors shall update into the Defense Outplacement Referral System (DORS) database Service members requesting early retirement and other DoD personnel or spouses who request registration.  Transition Assistance Program Counselors shall use DD Form 2580, Operation Transition Department of Defense Outplacement Referral System/Public and Community Service Individual Application, to register personnel for PACS employment.”

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  There is no evidence of an error or injustice.  The NDAA required members retiring under TERA to register in advance of the projected retirement date on the Public and Community Service (PCS) Registry maintained under 10 USC Section 1143a.  The law allows no provision to retroactively register for employment in public or community service organizations.  Applicants 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 (TAFMS) 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 15 years, 6 months, and 6 days of active service, therefore, any creditable service must have been completed prior to 25 Mar 99 (the end of his ERQP).  Based on the reporting instructions established by the DMDC, the applicant was required to submit record of the creditable service within a year of that point (or 25 Mar 00).  The DMDC does not have any record that the applicant applied for PACS.  Had the applicant properly registered within the allotted time and provided the required documentation, he would have been eligible to receive credit for the time served under the PACS program.

Should the Board elect to grant the request, the applicant’s record should be corrected to direct recomputation of applicant’s retirement pay starting from his 62nd birthday to include the additional  4 years, 5 months, and 24 days of active service as allowed under the Public and Community Service 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 1 Dec 20, for comment (Exhibit D).  On 21 Dec 20, the applicant responded and provided a copy of his DD Form 2580, Operation Transition, Department of Defense Outplacement and Referral System/Public and Community Service Individual application dated 5 Aug 94.  The applicant states this is the only paperwork he received during his out-processing in Aug 94.  He reiterates that DODI 1340.19, dated 17 Nov 93, paragraph 5.1, states "During retirement processing, the Military Service shall provide each retiree a copy of DD Form 2676, Validation of Public or Community Service Employment, and explain the reporting requirements and procedures for enhanced retirement credit as described in this Instruction."  The applicant states he did not received this form.

The applicant’s complete response with attachment is at Exhibit E. 

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 has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his request.  In particular, the applicant has provided a copy of his DD Form 2580, Public and Community Service Individual, application dated 5 Aug 94.  As noted above, DODI 1332.37, dated 29 Jun 94, Incorporating Change 1, also dated 5 Aug 94, states Transition Assistance Program Counselors shall use the DD Form 2580 to register personnel for Public and Community Service employment.  Although the Defense Manpower Data Collection team does not have any record the applicant applied for Public and Community Service, given the applicant has provided a copy of the DD Form 2580, it appears the applicant attempted to register during the infancy of the program while information was not completely developed or shared.  As such, the Board finds it reasonable to conclude that since he filled out the DD Form 2580, he would have accomplished the necessary paperwork to ensure he received the appropriate credit according to program requirements.  While the applicant requests five years of qualifying service, the  Board agrees with AFPC/DP2SSR that his record should be corrected to include an additional 4 years, 5 months, and 24 days of active service, resulting in 20 years of active service.  Therefore, the Board recommends the applicant’s record be corrected to the extent indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his retirement pay was recomputed starting from his 62nd birthday to include an additional 4 years, 5 months, and 24 days of active service as allowed under the Public and Community Service program.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2020-01168 in Executive Session on 16 Dec 20 and 21 Jan 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 17 Nov 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 1 Dec 20.
Exhibit E:	Applicant’s response, w/atch, dated 21 Dec 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to BC-2020-01168, as required by AFI 36-2603, paragraph 4.11.9.