ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 April 2019 DOCKET NUMBER: AR20160017572 APPLICANT REQUESTS: a 20-year retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * State of Oregon Initial Teaching License x 4 * Salary Details * Defense Finance and Accounting Service (DFAS) Message FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his years of being a teacher should be authorized to be added to his military service to increase his active duty from 18 years and 4 months to 20 years so that his retirement pay would increase for 20 years. His current retirement pay is for 18 years and 4 months active service. He recently learned that he was eligible for an increase in retired pay. He included a copy of his teaching certificate and the DFAS message which states the enhance retirement qualification period (ERQP) has ended. 3. A review of the applicants records show: * 25 January 1971 - the applicant was inducted in the Regular Army * 23 November 1973 - the applicant was honorably discharged from the Regular Army to attend school * 9 April 1983 - he enlisted in the Oregon Army National Guard (ORARNG) * 3 January 1985 - he entered active duty status * 31 May 2000 - retired from ORARNG * the applicant began teaching in the public school system in 2004 * 6 February 2004 - the applicant received an Initial Teaching License for the State of Oregon 4. The applicant provided teaching licenses showing he maintained a current teaching license from 6 February 2004 through 9 November 2016. He also provided a Salary Detail showing he was paid from the various schools from 2004 through 2016. 5. The applicant provided a printout from DFAS showing * 1993 -2001 - Temporary Early Retirement Authority (TERA) is authorized for members with over 15 years but less them 20 years of total active duty service to apply for early retirement * TERA retired pay is initially computed using length of service retirement formula (Active Duty Pay x Percent Multiple X Reduction Factor = TERA Retired Pay) * TERA gross retired pay is rounded to nearest dollar * Public and Community Service Program (PACS) allows TERA retirees to apply some post – retirement employment (with certain pre-approved employer) towards their military retirement stating at age 62 * Enhance Retirement Qualification Period (ERQP) is PACS credit authorized up to the time the member would have met 20 years of military service had they remain on active duty * the timeline to submit PACS applications to the Defense Military Data Center (DMDC) ended one year to the day after the member's ERQP expired * DMDC is not authorized to accept any new PACS applications, the program expired in August 2008, therefore all inquiries regarding new application must be directed to the Board for Correction of Military Records 6. On 7 September 2018, the Army Review Board Agency received an advisory opinion from G-1 Chief Compensation and Entitlement Division showing: * DFAS confirmed the applicant does not have the required DD Form 2676 (Validation of Public or Community Service Employment) on file that would allow for additional service credit and a recalculation of retired pay at the age of 62 * DMDC was the Department of Defense responsible agency that received and processed the completed DD Form 2676 and made a certification determination and computed the amount of military service credit for a Soldier that retired under the TERA * the program officially expired in August 2008 (one year after the last official TERA recipient's ERQP expired) * previous announcement from DMDC advised that all inquiries regarding new applications must be directed to the respective service Board for Correction of Military Records 7. The applicant was provided with a copy of this advisory opinion. He did not provide a response. 8. The applicant turns 69 in November 2019 9. TERA was enacted by Congress on 23 October 1992 as part of the National Defense Authorization Act of Fiscal Year 1992. a. Its intent was to assist in the military draw-down of forces by permitting selected military members to retire early when they had between 15 and 20 years of service. Additional years of service could be accumulated, even though not serving in military uniform, during a period called ERQP. b. The ERQP was that period from the date of retirement to the date on which the retiree would have attained 20 years of creditable service for the purpose of computing retired pay. The additional years were earned by service in military Reserve Components or employment in qualifying public or community service organizations – called the Public and Community Service program. c. At age 62, the TERA retiree was permitted to have their retired pay recomputed and increased accordingly. d. The Secretaries or the respective services designated the ranks and military specialties that were eligible to apply according to the needs of the service. Retirement under this program was not a right; it is granted on an individual basis according to the requirements of the service. e. The TERA program ended on 30 September 2001. 10. DODI 1332.37 (Programs to Encourage PACS Employment) establishes policy, assigns responsibilities, and prescribes procedures to encourage and assist separating Service members, Service members retiring with 20 or more years of service, DOD civilian personnel leaving the Government, and spouses, to enter PACS employment and to encourage and assist Service members requesting retirement with fewer than 20 years of service to register for PACS employment. a. Section 4.2.2. In order to have their military retired pay and Survivor Benefit Plan base amount (if applicable) recomputed in accordance with DODI 1340.19 (reference (c)), early retirees must be employed with a DOD-registered PACS organization that provides the services listed in enclosure 1, subparagraphs E1.1.4.1. through E1.1.4.12., or that coordinates the provision of services listed in enclosure 1, subparagraphs E1.1.4.1. through E1.1.4.12. b. Section 6.3.1. Registering for PACS is a requirement for consummation of their early retirement under Public Law 102-484, Section 4403 (reference (a)) or Section 561 of Public Law 103-160 (reference (b)). c. Section 6.3.2. Early retirees must provide a copy of their confirmation Defense Outplacement Referral System (DORS) mini-resume to their servicing military personnel office for filing in their Service record before their final retirement processing. d. Section 6.3.5. DOD-approved PACS employment qualifies the Service member who is retired under Public Law 102-484, Section 4403 (reference (a)) or Public Law 103-160 (reference (b)) for increased retired pay effective on the first day of the first month beginning after the date on which the member or former member attains 62 years of age. The former service member must have worked in DOD-approved PACS employment between the date of early retirement and the date in which he or she would have attained 20 years of creditable service for computing retired pay, and have retired on or after 23 October 1992 and before 1 October 1999. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions and the advisory opinion were carefully considered. The applicant retired with more than 15 years of service but less than 20 years of service on 31 May 2000. He requests to receive additional time for retirement based off of TERA. In order to use TERA to obtain additional service credit, applicants must show they worked for a pre-approved employer and have a DD Form 2676 on file with DFAS; the applicant’s record is void of these requirements. In addition, he provided no evidence to show he applied for the program before it ended in 2008. The advisory opinion was unfavorable. He had the opportunity to submit a rebuttal; however, he did not respond. Based upon the preponderance of evidence, the Board agreed there was no error or injustice in this case, and recommends denial of his request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. TERA was enacted by Congress on 23 October 1992 as part of the National Defense Authorization Act of Fiscal Year 1992. a. Its intent was to assist in the military draw-down of forces by permitting selected military members to retire early when they had between 15 and 20 years of service. Additional years of service could be accumulated, even though not serving in military uniform, during a period called ERQP. b. The ERQP was that period from the date of retirement to the date on which the retiree would have attained 20 years of creditable service for the purpose of computing retired pay. The additional years were earned by service in military Reserve Components or employment in qualifying public or community service organizations – called the Public and Community Service (PACS) program. c. At age 62, the TERA retiree was permitted to have their retired pay recomputed and increased accordingly. d. The Secretaries or the respective services designated the ranks and military specialties that were eligible to apply according to the needs of the service. Retirement under this program was not a right; it is granted on an individual basis according to the requirements of the service. e. The TERA program ended on 30 September 2001. 3. DODI 1332.37 (Programs to Encourage PACS Employment) establishes policy, assigns responsibilities, and prescribes procedures to encourage and assist separating Service members, Service members retiring with 20 or more years of service, DOD civilian personnel leaving the Government, and spouses, to enter PACS employment and to encourage and assist Service members requesting retirement with fewer than 20 years of service to register for PACS employment. a. Section 4.2.2. In order to have their military retired pay and Survivor Benefit Plan base amount (if applicable) recomputed in accordance with DODI 1340.19 (reference (c)), early retirees must be employed with a DOD-registered PACS organization that provides the services listed in enclosure 1, subparagraphs E1.1.4.1. through E1.1.4.12., or that coordinates the provision of services listed in enclosure 1, subparagraphs E1.1.4.1. through E1.1.4.12. b. Section 6.3.1. Registering for PACS is a requirement for consummation of their early retirement under Public Law 102-484, Section 4403 (reference (a)) or Section 561 of Public Law 103-160 (reference (b)). c. Section 6.3.2. Early retirees must provide a copy of their confirmation Defense Outplacement Referral System (DORS) mini-resume to their servicing military personnel office for filing in their Service record before their final retirement processing. d. Section 6.3.5. DOD-approved PACS employment qualifies the Service member who is retired under Public Law 102-484, Section 4403 (reference (a)) or Public Law 103-160 (reference (b)) for increased retired pay effective on the first day of the first month beginning after the date on which the member or former member attains 62 years of age. The former service member must have worked in DOD-approved PACS employment between the date of early retirement and the date in which he or she would have attained 20 years of creditable service for computing retired pay, and have retired on or after 23 October 1992 and before 1 October 1999. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017572 4 1