ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 March 2020 DOCKET NUMBER: AR20190008556 APPLICANT REQUESTS: 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) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 2676 (Validation of Public or Community Service Employment) 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 requests recomputation of his retirement pay at age 60 as described on his DD Form 214 in accordance with Section 4464 of the 1993 NDAA Public Law 102-484. He was advised by his representative at the Montgomery County Tennessee Veteran Service Organization that he should apply for retirement recomputation through the retirement branch. He attempted to resolve this issue with the Army retirement branch, but they said they did not have the authority to complete this action. He was referred to an office in California, who over the phone stated, they never heard of the program. The applicant turned 60 years old in 2017, and he is requesting his retirement pay be adjusted to reflect his public service employment time. He has a total of 22 years as a teacher and school administrator. 3. A review of the applicant’s records show: a. The applicant is currently 62 years old. b. On 21 September 1976, he enlisted in the Regular Army. c. On 27 October 1987, he was honorably retired from active duty with reason of voluntary early retirement. His DD Form 214 shows in item 18 “member is retiring as provided by section 4403 of the 1993 NDAA (Public Law 102-484) and may qualify for a recomputation of retired pay at age 60 (Section 4464 of the same law); he completed 11 years, 1 month and 7 days of active federal service. d. On 20 October 1993, he received a Memorandum Subject: Early Retirement, showing in compliance with Public Law 102-484, the applicant is required to receive the required preseparation counseling (minimum of 90 days prior to retirement date), and must be listed with public and community service (PACS). Registration for PACS must be accomplished no earlier than 6 months and no later than 3 months pror to retirement. Early retirement is not authorized until the applicant is listed on the PACS. The confirmation copy of the PACS mini-resume must be placed in the Military Personnel Records Jacket (MPRJ) for further transfer to the Official Military Personnel File (OMPF). e. 30 June 1994 – he received Voluntary Early Retirement with 17 years, 9 months and 10 days of federal service. f. 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 the following documents in support of his request: a. DD Form 214, dated 30 June 1994, which shows he received a voluntary early retirement discharge. b. DD Form 2676 (Validation of Public or Community Service Employment), dated 3 April 2017, which verified he began working for Clarksville- Montgomery County School System on 26 July 2004 with “current” listed under ending date. 5. See applicable references below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s request, his record of service, the reason for his separation, the memorandum regarding Early Retirement and his amount a creditable service for retirement at the time of his separation. The Board considered the DD Form 2676 provided by the applicant showing employment beginning in 2004. The Board considered the terms of the Temporary Early Retirement Authority (TERA) legislation and the requirement for individuals to complete additional qualifying service during the Enhanced Retirement Qualification Period (ERQP). The Board found insufficient evidence of a DD Form 2676, DD Form 2580 or a DORS mini resume provided by the applicant at the time of his retirement with 17 years, 9months and 10 days of service and no evidence that he completed required service during the applicable ERQP. Based on a preponderance of evidence, the Board determined that the absence of documents supporting a re-computation of the applicant’s service for retirement pay was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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. 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, 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. 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. 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 (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. 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) AR20190008556 5 1