RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03228

xxxxxxxxxxxx	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her retirement pay be recalculated to include her public service under the provisions of the National Defense Authorization Act for Fiscal Year 1993 (FY93 NDAA).

APPLICANT’S CONTENTIONS

She was not aware or informed of the requirement for qualified public service or that she was retired under TERA.  She understood that she was retiring under the FY93 NDAA and may be eligible for re-computation of retirement pay at age 62.  Her jobs were in public and community service organizations. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS 

The applicant is a retired Air Force Master Sergeant (E-7.)

On 3 May 93, the applicant signed AF Form 1160, Military Retirement Actions, which stated in Section IV, Remarks “I understand that I must register on the Public and Community Service (PACS) Registry at the Employment Resource Center, and that my retirement cannot be consummated until my registration has been confirmed.” 

On 15 Oct 93, according to a Transition Assistance Program Counseling letter, dated 6 Oct 93, the applicant acknowledged she was to contact the Employment Resource Center to schedule an appointment for a transition briefing, which included information concerning Government and private sector programs for job placement, job search assistance, and transition counseling for member and spouse.

On 31 Dec 93, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was released 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 re-computation of retired pay at the age of 62 pursuant to section 4464 of the same law.” She was credited with 15 years and 12 days of active service.

On 1 Jan 94, according to Special Order XXXXX, dated 12 Jun 93, the applicant retired in the grade of E-7, and was assigned to retired reserve until 18 Nov 08.

On 25 Jun 20, the Defense Finance and Accounting Service (DFAS) responded to the applicant’s request dated 23 Jun 20, that her records did not reflect any qualified public service for re-computation at age 62. 

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  The FY93 NDAA, Public Law 102-484, 23 Oct 92, allowed Congress to enact 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 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 (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.

The NDAA required members retiring under TERA to register in advance of the projected retirement date on the PACS Registry maintained under 10 U.S.C. 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 (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 effective 1 Jan 94 under the TERA authority, with 15 years and 12 days of total active federal military service (TAFMS), therefore, any creditable service must have been completed prior to 19 Dec 98 (the end of her 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 19 Dec 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, she would have been eligible to receive credit for the time served under the PACS program.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice. 

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 8 Dec 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant did exhaust 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.  Specifically, the applicant was required to turn in proof of public or community service to the DMDC team no later than one year after she would have attained 20 years TAFMS had she been continuously on active duty.  The applicant provided no evidence that she registered and turned in proof of her community service by 19 Dec 99 and the law allows no provision to retroactively register for employment in public or community service organizations.  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-2020-03228 in Executive Session on 22 Jul 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 30 September 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 20 November 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 December 2020.

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.