ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 April 2019 DOCKET NUMBER: AR20170006824 APPLICANT REQUESTS: to be granted an increase in his retirement credits from 15 years to 20 years federal service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Employment Verification Letter from North Carolina Department of Corrections 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 he signed up for the Temporary Early Retirement Authority (TERA) and the Public and Community Service Program (PACS). This period was called the Enhanced Retirement Qualification Period (ERQP). 3. A review of the applicant's records show: * 24 October 1978 - the applicant enlisted in the Regular Army * 16 February 1995 - the applicant completed the PACS application * 22 February 1995 - the applicant was approved for Voluntary Early Release Program with Special Separation Benefits * 30 June 1995 - the applicant honorably discharged at 16 years, 8 months and 7 days 4. The applicant provided employment verification with the North Carolina Department of Corrections showing he was a full time Correctional Officer from 17 June 1996 until 19 April 2002. 5. On 27 November 2018, the Army Review Board Agency received an advisory opinion from Army Human Resource Command, Chief, Reserve Component Retirement Branch showing: * reference his request for retired pay * Reserve Component Retirement (RCR) Branch has reviewed the applicant's military records, he has 16 years, 8 months and 7 days of qualifying service * to be eligible for retired pay at the age of 60, a reserve soldier or former reserve soldier must have completed a minimum of 20 qualifying years of service * applicant accepted Special Separation Benefits of $64,268.85 on 30 June 1995, which obligated him to serve in the Army Reserves component for a period of not less than 3 years following the discharge or release from active duty * applicant was discharged on 8 June 1999 for expiration of ARNG or USAR service obligation * it is the opinion of RCR branch the applicant is not eligible for retirement benefits 6. The applicant was provided with a copy of this advisory opinion. He did not provide a response. 7. There is no evidence the applicant was retired or that he applied for TERA. 8. The applicant turns 61 years old in June 2019. 9. Army Regulation 635-200 (Enlisted Personnel) in effect at the time shows early separation due to reduction in force, strength limitations, or budgetary constraints and soldiers may be separated prior to expiration of enlistment of fulfillment of active duty obligation. a. When authorization limitations, strength restrictions, or budgetary constraints require the Regular Army (RA) or Reserve Component (RC) active duty enlisted force to be reduced in number, the Secretary of the Army, or his designee, may authorize voluntary or involuntary early separation. b. Commander, PERSCOM (for RA) and Chief, NGB, Chief, Army Reserve, and Cdr, ARPERCEN (for RC) will implement the Secretarial decision by issuing separation instructions pertaining to a specific class or category of soldiers. For purposes of post service benefits, early separation under this paragraph is considered to be for the convenience of the Government. c. Soldiers to who this paragraph applies will be notified of early separation through appropriate channels by commanders. d. Soldiers separated under this paragraph will be discharged or released from active duty, as appropriate. e. Soldiers who are within 2 years of qualifying for retirement on the scheduled separation date will not be processed under this paragraph unless directed by the Secretary of the Army. f. The service of soldiers separated under this paragraph will be characterized as honorable, except when an uncharacterized description of service is required. 10. 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. 11. 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 evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contention was carefully considered. The record shows he selected to separate and receive the SSB. His record is absent any information that shows he separated under and signed for TERA. Based upon the preponderance of evidence, the Board agreed there was no error or injustice in this case. 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. 6/5/2019 X CHAIRPERSON 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. Army Regulation 635-200 (Enlisted Personnel) in effect at the time shows early separation due to reduction in force, strength limitations, or budgetary constraints and soldiers may be separated prior to expiration of enlistment of fulfillment of active duty obligation. a. When authorization limitations, strength restrictions, or budgetary constraints require the Regular Army (RA) or Reserve Component (RC) active duty enlisted force to be reduced in number, the Secretary of the Army, or his designee, may authorize voluntary or involuntary early separation. b. Commander, PERSCOM (for RA) and Chief, NGB, Chief, Army Reserve, and Cdr, ARPERCEN (for RC) will implement the Secretarial decision by issuing separation instructions pertaining to a specific class or category of soldiers. For purposes of post service benefits, early separation under this paragraph is considered to be for the convenience of the Government. c. Soldiers to who this paragraph applies will be notified of early separation through appropriate channels by commanders. d. Soldiers separated under this paragraph will be discharged or released from active duty, as appropriate. e. Soldiers who are within 2 years of qualifying for retirement on the scheduled separation date will not be processed under this paragraph unless directed by the Secretary of the Army. f. The service of soldiers separated under this paragraph will be characterized as honorable, except when an uncharacterized description of service is required. 3. 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. 4. 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//