RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01662

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

He was told upon his retirement as well as it being stated on his DD Form 214, Certificate of Release or Discharge From Active Duty, that he may qualify for re-computation of retirement pay at age 62.  He was employed as a part-time Emergency Medical Technician a year prior to retirement and many years after.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

The applicant provided his DD Form 214, Certificate of Release or Discharge From Active Duty, showing he voluntarily retired under TERA after serving 18 years, 2 months, and 29 days of active duty.  The remarks section reflects “Mbr is Retiring as provided by Sect 4403 of the FY93 Nat’l Defense Auth Aact (PL 102-484) and may qualify for a recomputation of retired pay at age 62 pursuant to Sect 4464 of the same law.”

Dated 1 Jan 20, the applicant provided a  memorandum from the Lutheran  Health Network, Dukes Memorial Hospital, showing he was employed part-time as an Emergency Medical Technician from 8 Feb 93 to 4 Dec 16.

For more information, see the applicant’s submission at Exhibit A and the advisory at Exhibit B.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  In the National Defense Authorization Act for Fiscal Year 1993 (FY93 NDAA), Public Law (PL) 102-484, 23 Oct 92, Congress enacted TERA, which permitted early retirement for selected military members having more than 15 but less than 20 year of active service.  The NDAA required members retiring under TERA to register in advance of the projected retirement date on the Public and Community Service  (PACS) 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 01 May 94 with 18 years, 02 months, and 29 days of active service, therefore, any creditable service must have been completed prior to 02 Feb 96 (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 02 Feb 97).  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 B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 8 Dec 20 for comment (Exhibit C), but has received no response.

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 concurs with the rationale and recommendation of AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2020-01662 in Executive Session on 12 Jan 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 23 Jan 20.
Exhibit B:	Advisory opinion, AFPC/DP2SSR, dated 1 Dec 20.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 8 Dec 20.

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.