ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 June 2019 DOCKET NUMBER: AR20160018477 APPLICANT REQUESTS: recomputation of his retirement pay at age 62 under the provisions of section 4464 of Public Law 104-484. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant’s Statement * Office of Personnel Management Letter * DD Form 214 (Certificate of Discharge from Active Duty) x3 * Army Review Boards Agency (ARBA) Congressional Liaison and Inquiries Letter * DA Form 2A (Personnel Qualification Record) * Memorandum Subject: FY94 Early Retirement Program Application * Orders 266-00203 (Separation Orders) * Orders 187-000201 (Amended Orders) * DA Form 2339 (Application for Voluntary Retirement) * DA Form 4187 (Personnel Action) * Transition Assistance Counseling Checklist * DA Form 3713 (Data for Retired Pay) FACTS: 1. The applicant states: a. per his discharge orders from continuation page 2 Item 18, it states by section 4403 of the FY1993 NDAA (PL 102-484), he may qualify for a recomputation of retired pay at age 62. After turning age 62, he received his retirement annuity statement showing he was given credit for serving 21 years and 8 months with the postal service. b. his military retirement orders states that recomputation would be done at age 62. He thought it would be completed automatically; however, it was not. He was never written or mailed any correspondence reference Temporary Early Retirement Authority (TERA). He called the Defense Finance Accounting System (DFAS) Retired Pay and was told this process is not automatic. 15 days later he received a letter stating he needed a certificate of release. Once he mailed it to DFAS, it took another 45 days to receive a letter stating Qualified Public Service 2. The applicant provides: * Letter from the Office of Personnel Management, dated 29 May 2016 which states law requires adjusting the annuity paid to a FERS disability retiree when the retiree reaches age 62 * DD Form 214 showing he served 17 years, 11 months and 14 days in the Regular Army (RA), he retired by section 4403 of the FY1993 NDAA (PL 102- 484) and may qualify for a recomputation of retired pay at age 62 (section 4464 of same ) * ARBA Congressional Liaison and Inquiries Chief letter which advised him to apply to Army Board for Correction of Military Records (ABCMR) to correct the record * DA Form 2 (Personnel Qualification Record) showing the applicant’s military assignment history, awards, education and oversea tours * Memorandum from US Total Army Personnel Command Subject: FY94 Early Retirement Program Application showing he was conditionally approved for retirement on 1 September 1994 * Orders 266-00203 showing he was released from active duty and placed on the retired list effective 31 August 1994 in the grade of Staff Sergeant (SSG/ E6) * Orders 187-00201 shows Orders 266-00203 were amended to read Separation Code (SPD) to RBE (Sufficient Service for Retirement) * DA Form 2339 (Application for Voluntary Retirement) which shows he applied for voluntary retirement and he had total of 17 years 11 months and 14 days of active federal service * DA Form 4187 (Personnel Action) showing he referenced CDRPERSCOM Message 04990 dated 11 August 1993 Subject: FY94 Early Retirement Program request an exception to policy that he be consider for early retirement * Transition Assistance Counseling Checklist shows he received all desired counselings * DA Form 3713 (Data for Retired Pay) shows data for his retired pay 3. The applicant’s record shows he served in the regular Army from 17 September 1976 to 31 August 1994, and he received a voluntary early retirement. 4. On 3 April 2019, ARBA received an advisory opinion from the Army G1, Chief, Compensation and Entitlement Division showing: * recommend approval of the applicant’s request for a re-computation of his retirement pay at age 62 * TERA allows service members to receive credit toward their retired pay if they obtained employment with a public service (federal, state, or local government) or a recognized community service organization for a period up to the date the member would have attained 20 years of service * applicant retired from the Army under TERA on 31 August 1994 with a total of 17 years 11 months and 14 days of active federal service * based on the applicant’s required 2 years and 16 days to reach 20 years of service, the applicant’s Enhanced Retirement Qualification Period (ERQP) is calculated as 17 September 1996 * the applicant provided documentation from the US State Officer of Personnel Management that shows the applicant’s employment period meets the guidelines prescribed in DODI 1332.37 and section 1143a(c) of Title 10, United States Code * Army G-1 recommends awarding the applicant the credit for the ERQP even though he did not follow guidance and apply to the Defense Manpower Data Center * DFAS confirmed that there is no evidence of re-computation documents within the applicant’s retiree pay file 5. The applicant was provided a copy of the advisory opinion in order to submit comments or a rebuttal. The applicant provided a rebuttal stating: * when he outprocessed Fort McPherson, GA Army Base, the TERA program was new, he was not given the correct guidance on what to do or how it works * he was told at age 62, with a new employer that falls under the guidelines, his records would be re-comp to give him 20 years of service * through the years he thought it would happen automatically, until weeks before his 62 birthday, he called Retired Pay and was told he had to apply for it * he was given several numbers, but no one knew about the program; he received a website that informed him to contact ABCMR to correct his record 6. TERA was enacted by Congress on 23 October 1992 as part of the NDAA of FY1993. 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 PACS program. c. At age 62, the TERA retiree was permitted to have their retired pay recomputed and increased accordingly. 7. DODI 1332.37 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 recomputed in accordance with DODI 1340.19 (Certification of PACS Employment of Military Retirees), 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 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: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion. The Board discussed the applicant’s service record, his retirement under TERA, his post-service employment and the recommendation of the advisory opinion. The Board concurred with the advisory opinion and determined that his retirement pay should be recomputed at age 62. 2. After reviewing the application and all supporting documents, the Board found the relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. All Department of the Army Records for the individual concerned will be corrected to show that: - his Enhanced Retirement Qualification Period (ERQP) is calculated as 17 September 1996; - He took the required steps to request recalculation of his retirement pay based on his ERQP and; - His retirement pay was recalculated at age 62 to reflect 20 years of service. 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. TERA was enacted by Congress on 23 October 1992 as part of the NDAA of FY1993. 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 PACS program. c. At age 62, the TERA retiree was permitted to have their retired pay recomputed and increased accordingly. 2. DODI 1332.37 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 recomputed in accordance with DODI 1340.19 (Certification of PACS Employment of Military Retirees), 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 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. ABCMR Record of Proceedings (cont) AR20160018477 2 1