IN THE CASE OF: BOARD DATE: 4 November 2021 DOCKET NUMBER: AR20210007094 APPLICANT REQUESTS: adjustment of her retired pay under the provisions of the Temporary Early Retirement Authority (TERA), at age 62. 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) * Employment Verification - * Employment Verification - Association of the United States Army * Employment Verification - United Nations Foundation FACTS: 1. The applicant states, under the provisions of The Public and Community Service (PACS) program, and as a TERA-eligible retiree, she requests her retirement pay beginning at age 62 be corrected and computed to reflect and include eligible post- retirement employment. She has attached three letters from the Carnegie Corporation of New York, Association of the United States Army, and United Nations Foundation, that attest to this eligible post-retirement employment occurring in the Enhanced Retirement Qualification Period (ERQP). If necessary, she can provide additional documentation attesting to her service in the United Nations from 2003-2009, and U.S. Department of Homeland Security from 2009-2013 as potentially eligible post-retirement employment. She requests that this correction and re-computation be made effective as of her 62nd birthday. She adds that as a TERA-eligible retiree, she is entitled to this recomputation to take effect at age 62 which she reached in December 2018. She discovered this discrepancy during tile process of renewing her driver's license in October 2019, when asked to verify her Veteran status. She understood that she was automatically enrolled in this program as a requirement of her TERA retirement and was advised at the time that a recalculation and recomputation of her retirement pay would occur after age 62. She discovered that her pay had not been recomputed when she reviewed her DD Form 214 as part of renewing her driver's license in October 2019. 2. The applicant provides copies of the following: * Employment Verification - Carnegie Corporation * Employment Verification - Association of the United States Army * Employment Verification - United Nations Foundation 3. Review of the applicant’s service record shows: a. She was appointed as a Reserve commissioned officer of the Army on 25 May 1978, and entered active duty on 15 June 1978. She was promoted to major on 1 May 1990. b. She was honorably retired on 30 June 1994, by reason of early retirement. Her DD Form 214 shows she completed 16 years and 16 days of active service. Item 18 (Remarks) of this form contains the entry “Member is retiring as provided by Section 4403 or the Fiscal Year 1993 National Defense Authorization Act (NDAA) (Public Law 102-484) and may qualify for a recomputation of retired pay at age 62 (section 4464 of same law).” c. She reached age 62 in December 2018. d. She submitted documentation of her employment with a public service organization with Carnegie Corporation, Association of the United States Army, and United Nations Foundation. 4. An advisory opinion was received from the Army G-1 Compensation and Entitlements Division on 7 May 2021 in the processing of this case. An advisory official recommends approval of the applicant’s request for recomputation of her retirement pay at age 62 under the provisions of section 4464 of Public Law 102-484. a. The law permitted service members retired under Temporary Early Retirement Authority (TERA) to receive credit toward their retired pay if they obtained employment with a public service (federal, state or local government) or a recognized community service organization for a period up to the date the member would have attained 20 years of service. b. The applicant retired from the Army under TERA on 30 July 1994 with a total of 16 years and 16 days of active federal service. Based on the required 3 years, 11 months, and 14 days, the applicant’s Enhanced Retirement Qualification Period (ERQP) is calculated as 14 June 1998. c. The applicant provided employment verification from the Carnegie Corporation of New York. The employment period (May 1994 to December 1999) meets the guidelines prescribed in DoDI 1332.37 and section 4464 of Public Law 102-484. As a result, recommend awarding the applicant the credit for employment completed during the ERQP even though the applicant and the employer did not follow guidance and apply to the Defense Manpower Data Center (DMDC). 5. The applicant was provided with a copy of this advisory opinion to give her an opportunity to submit a response and/or rebuttal. She responded and stated she would like the Board to rule favorably on her request for recomputation of her retirement pay at age 62, consistent with the recommendation of the advisory opinion. 6. 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 Public and Community Service (PACS) program. c. At age 62, the TERA retiree was permitted to have their retired pay recomputed and increased accordingly. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board concurred with the recommendation of the advisory official. The Board determined the evidence supports correction of the applicant's record by recomputing her retired pay effective at age 62 based on her employment with the Carnegie Corporation of New York between 30 July 1995 and her ERQP (14 June 1998). 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 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 by recomputing her retired pay effective at age 62 based on her employment with between 30 July 1995 and her ERQP (14 June 1998). Based on this correction the applicant should be paid any additional retired pay she is due retroactive to her 62nd birthday. 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, U.S. Code, Section 3914 provides the legal authority for the retirement of service members between 20 and 30 years. During the period 23 October 1992 to 1 October 1995, TERA provisions were added that allowed the retirement of service members with at least 15 but less than 20 years. Under the TERA, the Public and Community Service (PACS) program was created and allowed TERA retirees to apply some post-retirement employment from DoD pre-approved employers towards their military retired pay at age 62. PACS credit was authorized up to the time the service member would have attained 20 years of military service had they remained on active duty. This period is called the ERQP. 2. DODI 1332.37 established policy, assigned responsibilities, and prescribed procedures to encourage and assist separating service members. It was created to encourage and assist service members requesting retirement with fewer than 20 years of service to register for public/community service employment. Then upon verification, their years of employment with a PACS may be applied toward their retired pay. a. Section 4.2.2. In order to have their military retired pay and Survivor Benefit Plan base amount (if applicable) recomputed in accordance with DODI 1340.19, early retirees must be employed with a DoD registered public and community service 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 Defense Outplacement Referral System (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 their 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 but before 1 October 1999. 3. 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007094 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1