ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 15 July 2019 DOCKET NUMBER: AR20190004852 APPLICANT REQUESTS: * correction of his records to show he received service credit for 20 years of service * 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 31 August 1994 * Kamehameha Schools letter, dated 27 November 2018 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 is requesting military orders be issued and provided to the Defense Finance and Accounting Service (DFAS) so his pay may be recomputed and actually paid based on his four years of Public and Community Service PACS) immediately after retirement. He retired on 1 September 1994. He taught over six years at Kamehameha Schools, a non-profit private school from 22 August 1994 to 12 January 2001. He submitted the application and the school's records annually (in 1995, 1996, 1997, and 1998) showing completion of each year of teaching as required by law. He believes this information went to Defense Manpower Data Center (DMDC). Therefore, he qualifies for his retired pay to be recomputed at age 62. Upon contacting DFAS, although they have already computed his new retirement pay, they await orders from the U.S. Army reflecting the authority to pay him. He qualifies for the recomputed pay, but has not been paid yet. He reached age 62 on 27 September 2018. 3. A review of the applicant’s service records show the following on: * 7 June 1978 – the applicant was appointed as a Regular Army of the United States commissioned officer and served in various assignments * 30 September 1993 – Orders Number S188-10, issued by the U.S. Total Army Personnel Command retired the applicant from active duty, special instructions indicated he was to register with PACS * 31 January 1994 – DD Form 2580 (Department of Defense Outplacement and Referral System (DORS)/PACS Individual Application) shows the applicant registered in DORS and PACS and the form was endorsed by a Schofield Barracks job assistance center official * 31 August 1994 – the applicant was honorably retired from active duty by reason of voluntary early retirement, DD Form 214 shows he completed 16 years, 2 months, and 24 days of net active service 4. The applicant provides a letter from Kamehameha Schools confirming the applicant was employed with the organization from 22 August 1994 – 12 January 2001 as a classroom teacher. 5. TERA was enacted by Congress on 23 October 1992 as part of the National Defense Authorization Act (NDAA) of Fiscal Year (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. 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 DMDC. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. One Board Member recused himself due to personal knowledge of the applicant. The Board majority found evidence of a completed DD Form 2580 and an employment verification letter from the Kamehameha Schools. Although there is no evidence in the records to show that the registration was completed and that the required DD Forms 2676 were completed and accepted by DMDC or that the place he was employed was a DoD-approved PACS employer, the Board found the applicant's statement that he completed registration and was in compliance with the program to be compelling. The Board majority found sufficient evidence that the applicant completed the registration form and was a classroom teacher for more than 6 years following his military retirement. Based on the preponderance of evidence, the Board majority determined a correction is warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION : :X : RECUSE BOARD DETERMINATION/RECOMMENDATION: 1. 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 as follows: - Show that the DD Form 2580 he completed on 31 January 1994 was submitted, accepted, and processed by the appropriate authority (Defense Manpower Data Center (DMDC)); - That he completed and submitted the required DD Form 2676 to DMDC documenting employment as a classroom teacher from 22 August 1994 to 12 January 2001 in accordance with the Temporary Early Retirement Authority (TERA) Public and Community Service (PACS) program; - That he attained 20 or more years of creditable service for computing retired pay. 8/5/2019 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 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.