ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20190010054 APPLICANT REQUESTS: recalculation of her retired pay to include her Post-Retirement Public and Community Service (PACS) time with Temporary Early Retirement Authority (TERA). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored continuation of her application * discharge order * amendment orders * letter confirming her employment with Cobb County School District * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1995 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: * her PACS time has been omitted from her retired pay * she participated in the PACS program during her post-retirement employment * she was working with Cobb County School District in Marietta, Georgia * she was a Special Needs Paraprofessional and has remained in that profession for 20 years * under the PACS program she would be able to apply some of her post-retirement employment toward her military retirement pay starting at age 62 * due to a misunderstanding as to when the applicant to receive PACS Credit needed to be completed she missed the designated timeline * granting her request to correct the number of years credited for pay purposes would allow her to receive the anticipated income increase she in good faith had hoped to receive for continued public service 3. The applicant provides the following documents for the Board's consideration: * Orders 066-202, dated 7 March 1995, published by US Army Support Center, reassigning her to US Army Transition Point effective 31 August 1995 * memorandum to the applicant amending her reassignment orders * a letter from the Cobb County School District verifying her employment from 6 January 1999 to present * a DD Form 214 showing she retired with 16 years and 10 days of service and it was a voluntary early retirement 4. The applicant's records contain: * a DA Form 2339 (Application for Voluntary Retirement) dated 1 August 1994 showing she requested retirement with 15 years and 10 days of service * orders 066-201, published by US Army Soldier Support Center, dated 7 March 1995 showing she retired and was placed on the retired list on 1 September 1995 * the applicant enlisted in the service on 21 August 1979 and would have met her 20 years of service on 21 August 1999 * she was born on 6 November 1960 * there is no evidence in the applicant’s records showing a DD Form 2676 (Validation of PACS), likewise it is void of a Defense Outplacement Referral System (DORS) mini resume 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 statement, the circumstances of her early retirement in 1995 and her post-service employment. The Board found no evidence of the applicant’s completion or submission of DD Form 2676 (Validation of PACS), likewise her record is void of a Defense Outplacement Referral System (DORS) mini resume. The Board also found that the program expired in 2008. Based on a preponderance of evidence, the Board determined that the applicant did not complete the required documentation in a timely manner to be enrolled in a PACs program; there is no error or injustice. 2. 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. 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): N/A REFERENCES: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Public Law 102-484, 23 October 1992, provides that, in the case of individuals who chose early retirement under prior provisions of this Act for service of at least 15 but less than 20 years, if such former members are actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service to include the years of such public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. 3. 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. 4. 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. 5. 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). ABCMR Record of Proceedings (cont) AR20190010054 2