ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 January 2020 DOCKET NUMBER: AR20190009434 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) * he also requests a personal hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * Orders Number 41-185, dated 10 February 1998 * Pre-separation counseling checklist, dated 26 February 1998 * Memorandum, Subject: Separation Processing Schedule * DA Form 137-2 (Installation Clearance Record), dated 6 April 1998 * DA Form 137-1 (Unit Clearance Record), dated 6 April 1998 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 June 1998 * DD Form 2676 (Validation of Public and Community Service (PACS) Employment), dated 14 November 2018 * DD Form 2581 (Operation Transition Employer Registration), dated 16 November 2018 * DD Form 2581-1 (PACS Organization Validation), dated 16 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, when he retired from Aberdeen Proving Grounds, MD on 30 June 1998, he was not afforded the opportunity or received notification of an enhancement credit program for retired veterans under the early retirement program, which granted additional retirement percentage points for a maximum of 50% credit for retirement after the age of 60 years old by contributing/serving in community service, public service or teaching for two years. He had contacted Defense Manpower Data Center (DMDC) to inquire about his status for eligibility for the enhanced credit program. A DMDC official informed him that he could not locate his records, however, he indicated that he could fill out the attached forms, DD Forms 2676, 2581 and 2581-1 and submit to the ABCMR for review and consideration and action of approval. During his retirement process, he was not informed or provided the opportunity to enroll into an enhancement credit program by contributing his time in community/public service or teaching in an elementary, secondary or post-secondary school. The following information about an enhancement credit program was not afforded to him during his out-processing and after retirement. He believes the information about the program was never received by military personnel management, therefore, was not provided to him. He is attaching supporting documents of his retirement orders, out-processing check sheet and final separation processing schedule. 3. A review of the applicant’s official records show the following on: * 17 September 1980 – the applicant enlisted in the Regular Army and served in various assignments * 30 June 1998 – the applicant was honorably released from active duty by reason of voluntary early retirement, DD Form 214 shows he completed 17 years, 9 months, and 14 days of net active service * the applicant’s records are void of a DD Form 2676 (Validation of Public or Community Service), DD Form 2580 (Department of Defense Outplacement and Referral System (DORS)/PACS Individual Application) or a DORS mini resume 4. The applicant provides: * a self-authored letter that states in pertinent part, he is currently teaching at in, and he is requesting a reevaluation of his record and validation of public or community service employment * Orders Number 41-185 showing the applicant’s reporting date to the transition point was on 30 June 1998 * Pre-separation counseling checklist showing the applicant was provided pre- separation counseling in various areas * Memorandum, Subject: Separation Processing Schedule showing the applicant was scheduled for separation on 30 June 1998 and his scheduled out-processing date was 6 April 1998 * DA Form 137-2 showing the applicant cleared Aberdeen Proving Grounds, MD and completed Army Career Alumni Program training * DA Form 137-1 showing the applicant cleared his local unit * DD Form 2676 showing the applicant began working with on 12 November 2015 and certified by a human resources official * DD Form 2581 showing was a public or community service employer * DD Form 2581-1 showing as a public service organization 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 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. 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). 8. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 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 and length of service, his voluntary early retirement, the absence of a DD Form 2676 (Validation of Public or Community Service), DD Form 2580 (Department of Defense Outplacement and Referral System (DORS)/PACS Individual Application) or a DORS mini resume completed in accordance with program requirements, and the absence of PACS employment during the period of his ERQP. The Board found insufficient evidence to show the applicant completed the required service under TERA to be eligible for a change to his retirement at age 62. Based on a preponderance of evidence, the Board determined that the denial of a recomputed retirement was not in error or unjust. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that 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. 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. 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 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 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 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). 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires.