ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 July 2019 DOCKET NUMBER: AR20190001573 APPLICANT REQUESTS: In effect, correction of his records 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) * Orders Number S134-11, dated 14 July 1995 * Memorandum, Subject: Certification of Junior Reserve Officers’ Training Corps (JROTC) Instructor Employment, dated 26 April 1996 * U.S. Army ROTC Cadet Command Certificate, dated 27 September 1997 * Sacopee Valley Junior High School instructor certification of pay and data form, dated 13 May 1998 * JROTC instructor annual performance appraisal, dated September 1998 * JROTC letter, dated 8 September 1999 * DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 31 October 1995 and 13 October 2012 * DesMoines Public Schools letter, dated 4 December 2018 * Florida Department of Management Services retirement calculation statement 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 (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 was forced to retire due to the drawdown of Army personnel. He thus retired on 31 October 1995 with 17 years and 2 months of active duty service. The Fiscal Year (FY) 1993 National Defense Authorization Act (NDAA) section 4464 provided authority for recomputed retired pay at age 62, under section 4403 granting up to 5 years credit for community and public service. He met this criteria by becoming an Army JROTC instructor in 1996 and continued as such until 2008. He was recalled back to active duty from 2008-2012. He became a JROTC instructor again from 2013- 2018. He is thus requesting that his retired pay be recomputed and that he receive up to 3 years credit or whatever credit he qualifies for, through his community service as a JROTC Instructor. He will be age 62 on 18 January 2019. 3. A review of the applicant’s service records show the following on: * 10 June 1978 – the applicant was appointed as a Reserve commissioned officer and executed an oath of office * 14 July 1995 – Orders Number S134-11, issued by the U.S. Total Army Personnel Command retired the applicant from active duty, special instruction on the orders directed the applicant to be registered in the Public and Community Service (PACS) system * 31 October 1995 – the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Retired), DD Form 214 shows he completed 17 years, 1 month, and 9 days of net active service * his record is void of any evidence of PACS registration or Defense Outplacement Referral System (DORS) mini-resume completion prior to his release from active duty on 31 October 1995 * 20 August 2008 – Orders Number A-08-816009, issued by the U.S. Army Human Resources Command recalled the applicant to active duty * 13 October 2012 – the applicant was honorably released from active duty and transferred to the USAR Control Group (Retired); his DD Form 214 shows he completed 4 years and 1 month of net active service for this period of service with 17 years, 1 month, and 9 days of prior active service 4. The applicant provides: * Memorandum, Subject: Certification of JROTC Instructor Employment wherein the applicant was informed he possessed the basic skills to qualify as an instructor in the JROTC program * U.S. Army ROTC Cadet Command Certificate presented to the applicant for completion of the JROTC instructor course * Sacopee Valley Junior High School instructor certification of pay and data form showing the dates the applicant would be performing JROTC duties at the school * JROTC instructor annual performance appraisal showing the applicant’s evaluation as a JROTC instructor * JROTC letter wherein the applicant was extended employment as a senior Army instructor at Greensboro High School * DesMoines Public Schools letter wherein the applicant’s employment as a JROTC instructor was validated * Florida Department of Management Service retirement calculation sheet showing the applicant’s pay history between 1996-2018 5. Temporary Early Retirement Authority (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 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. 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. 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 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. 7. Retirees were required to document their employment using DD Form 2676 (Validation of Public or Community Service) and submit the form to the Defense Manpower Data Center (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 retirement, his service as an ROTC instructor, his recall to active duty from a retired status and the absence of evidence that he submitted the required PACS application to DMDC within required timelines. The Board determined that the applicant should be entitled to consideration of additional creditable service and that his retired pay should be recomputed as a result. 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 that the evidence presented was 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 to show that: - the applicant registered for PACS and submitted his application to DMDC in a timely manner in conjunction with his early retirement and prior to the expiration of the applicant’s ERQP and that it was accepted by the appropriate authority; - that he submitted the required DD Form(s) 2676 (Validation of Public or Community Service) to DMDC and the documents were accepted and processed for consideration of additional creditable service; - that his retired pay was recomputed based on those submissions and he be paid any additional retirement he is entitled to receive. 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 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 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. 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. 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 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). ABCMR Record of Proceedings (cont) AR20190001573 4 1