IN THE CASE OF: BOARD DATE: 14 February 2022 DOCKET NUMBER: AR20210013227 APPLICANT REQUESTS: * In effect, 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) * A personal appearance before the Board 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), ending on 31 July 1994 * Fax Coversheet, dated 2 June 2016 * Defense Finance Accounting Service (DFAS) Retired and Annuitant Pay letter, dated 11 July 2016 * Department of Health, Certificate of Death, dated 14 February 2018 * U.S. Postal Service (USPS) Personal Statement of Benefits - 2015, undated 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 that he retired 10 months early in July 1994 under a special program offered to save money. It was explained that his retired pay would be 5 percent less for 20 years, then 50 percent at age 60 provided he was employed with a government service organization within 120-180 days. He retired early because his wife had a second recurrence of breast cancer. After a 9-year remission and another diagnosis, his wife passed away. He believed the increase would be automatic and has tried three times to fix the issue. 3. The applicant's service record shows: a. On 27 June 1975, the applicant enlisted in the in the Regular Army. b. On 22 January 1979, the applicant was honorably discharged from active duty for immediate reenlistment. c. On 23 January 1979, the applicant reenlisted in the Regular Army and had continuous service until his retirement. d. DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 July 1994, shows the applicant was retired. (1) Item 12c (Net Active Service This Period) – 15 years, 6 months, and 8 days. (2) Item 12d (Total Prior Active Service) – 3 years, 6 months, and 8 days. (3) Item 18 (Remarks) – Member is retiring as provided by Section 4403 of the 1993 National Defense Authorization Act, Public Law 102-484 and may qualify for recomputation of retired pay at age 60 (Section 4464 of the same law). (4) Item 28 (Narrative Reason for Separation) – Voluntary Early Retirement. e. The applicant was 66 years of age at the time of application. 4. The applicant provides: a. Fax Coversheet, dated 2 June 2016, in which the applicant sent an inquiry to DFAS regarding the increase of his retired pay due to his voluntary early retirement. b. DFAS Retired and Annuitant Pay letter, dated 11 July 2016, informed the applicant that his additional service was not recorded at the Defense Manpower Data Center and he was instructed to complete DD Form 149 to process his request. c. Department of Health, Certificate of Death, dated 14 February 2018, showing the date of death as 11 February 2018 due to breast cancer with pulmonary and bone metastases. d. USPS Personal Statement of Benefits - 2015, undated, shows the applicant's summary of total compensation to include direct pay and benefits for calendar year 2014. The Retirement Benefits section, shows he reached 20 years of total creditable service on 11 March 2015 at age 59 years and 8 months. His retirement computation date shows as 26 November 1994. 5. In the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command (HRC) on 29 October 2021. The advisory official stated that HRC does not compute monthly retirement payments and that the Defense Finance and Accounting Service should review the request. BOARD DISCUSSION: 1. The applicant's request for a personal appearance 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 before the Board is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting document, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows that the applicant qualified for and retired under the provisions of the Temporary Early Retirement Authority from the United States Postal Service, an approved organization on 31 July 1994 with 15 years, 6 months, and 8 days of active federal service. Based on the required 4 years, 1 month, and 22 days, the Enhanced Retirement Qualification Period (ERQP) is calculated as 31 July 1998. Based on the preponderance of the evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented sufficient to warrant a recommendation for relief. As result, the Board recommends all Department of the Army records of the individual concerned be corrected by awarding the applicant an additional 4 years, 1 month and 22 days of military service for employment completed during the Early Retirement Qualification Period. 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, USC, 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 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. TERA was enacted by Congress on 23 October 1992 as part of the NDAA of Fiscal Year 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. 3. Department of Defense Instructions 1332.37 (Program to Encourage Public and Community Service Employment) establishes policy, assigns responsibilities, and prescribes procedures to encourage and assist separating Service members, Service members retiring with 20 or more years of service, Department of Defense (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 Public and Community Service 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 administrator * 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 or section 561 of Public Law 103-160. c. 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 (Validation for Public or Community Service) 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. Army Regulation 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013227 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1