BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20170014046 APPLICANT REQUESTS: Correction of his record to show he received service credit for 20 years of service and adjustment of his retired pay under the Temporary Early Retirement Authority (TERA). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 June 1998 * City of Houston end of year statement and Forms W-2 (Wage and tax Statement), calendar years 2000-2007 * Department of State Form W-2, calendar years, 2007-2014 * United Service Automobile Association (USAA) claim, dated 19 August 2015 * City of Houston letter, dated 10 January 2020 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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 retired under section 4403, Fiscal Year (FY) 1993 National Defense Authorization Act (NDAA), Public Law 102-484, section 464. He complied with the required elements of the program in 2014. He completed and submitted a Public and Community Service (PACS) registration at during his out-processing. There was a fire at his home on 3 October 2014, and due to the fire he lost important documents to include his military records. In 2017, he requested a copy of his DD Form 214, and reading section 18 (Remarks) reminded him of the early retirement program. Section 18 states “a re-computation of retired pay at age 62” to include public service. 3. A review of the applicant’s official records show the following on: a. The applicant is 67 years of age. b. The applicant enlisted in the Regular Army on 27 July 1982 and served in various positions. c. On 30 June 1998, the applicant was honorably retired from active duty be reason of voluntary early retirement. DD Form 214 shows in item 18 “member is retiring as provided by section 4403 of the FY1993 NDAA Public Law 102-484 and may qualify for a re-computation of retired pay at age 62.” d. The applicant’s records are void of a DD Form 2676 (Validation of PACS), DD Form 2580 (Department of Defense Outplacement and Referral System (DORS)/PACS Individual Application) or a DORS mini resume. 4. The applicant provides: * an addendum to DD Form 149 stating he worked with the City of Houston, TX from 1998 – 2007 and the Department of State from 2007 – 2014 * City of Houston end of year statements and Forms W-2 for calendar years 2000- 2007 showing the applicant worked as a paralegal * Forms W-2 for calendar years 2007 - 2014 in which he worked for the Department of State as a paralegal and passport adjudicator * USAA claim for a fire loss in 2014 * City of Houston letter wherein the author attests to the applicant being an employee from 21 December 1998 – 29 May 2004 and then was rehired on 29 November 2004 – 18 August 2007 (paralegal in the City of Houston’s legal department) 5. TERA was enacted by Congress on 23 October 1992 as part of the NDAA of FY 1993. 6. Department of Defense Instruction (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. 7. Retirees were required to document their employment using DD Form 2676 and submit the form to the DMDC. The timeline to submit PACS applications to the DMDC ended 1 year to the day after the member’s ERQP expired. DMDC is no longer authorized to accept any new PACS applications. The program officially expired in August 2008 (1 year after the last official TERA recipient’s ERQP expired). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the authority for his retirement and the remarks in item 18 of his DD Form 214. The Board considered the absence of DD Form 2676 (Validation of PACS), DD Form 2580 (Department of Defense Outplacement and Referral System (DORS)/PACS Individual Application) or a DORS mini resume, his claim for fire loss and the employment records provided by the applicant showing work as a paralegal. The Board found that the applicant worked in a position that met criteria for PACS employment during his ERQP. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that 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: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Showing the applicant timely submitted a DD Form 2676 (Validation of PACS), DD Form 2580 (Department of Defense Outplacement and Referral System (DORS)/PACS Individual Application) or a DORS mini resume; - That the application was accepted and processed by the appropriate officials; - That the applicant’s creditable service for computing retirement pay be amended to reflect 20 years, 00 months and 00 days, and; - That the applicant be paid any money due him as a result of this correction. 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. ? REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (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 NDAA of FY 1993. 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 Enhanced Retirement Qualification Period (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. 3. 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. PACS organizations provide or coordinate the following services: * Elementary, secondary, or post-secondary school teaching or administration * Support of teachers or school administrators * Law enforcement * Public health care * Social services * Public safety * Emergency relief * Public housing * Conservation * Environment * Job training * Work in a Federal, state or local government organization in which provides or coordinates services listed above * Other PACS consistent with or related to services listed above b. Section 6.3.1. Registering for PACS is a requirement for consummation of their early retirement under Public Law 102-484, section 4403 or section 561 of Public Law 103-160. 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 or Public Law 103-160 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. 4. Retirees were required to document their employment using DD Form 2676 and submit the form to the DMDC. The timeline to submit PACS applications to the DMDC ended 1 year to the day after the member’s ERQP expired. DMDC is no longer authorized to accept any new PACS applications. The program officially expired in August 2008 (1 year after the last official TERA recipient’s ERQP expired). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014046 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1