IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20220001681 APPLICANT REQUESTS: correction of his record to show he received 20 years of service credit 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) * City of etter 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 in effect, he requests the correction of his service record to show he received service credit for 20-years of service and the adjustment of his retired pay under TERA for his employment with the City of 3. A review of the applicant's service record shows: a. The applicant enlisted in the Army National Guard (ARNG) on 20 January 1977. b. The applicant was honorably released from the ARNG on 29 October 1978 and assigned to the U.S. Army Reserve (USAR) Control Group (Delayed). National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant completed 1-year, 9-months, and 9-days of service. c. On 12 September 1978, Orders Number 174-4, issued by Headquarters (HQs), First U.S. Army, the applicant was ordered to active duty for an active duty commitment, effective 30 October 1978. d. The applicant enlisted in the Regular Army (RA) on 28 February 1980. He had continuous service through extensions and reenlistments. e. On 10 March 1995, Orders Number 69-5, issued by HQs, 3rd Infantry Division, the applicant was placed on the retired list, effective 1 May 1995 with 16-years, 10- months, and 27-days of active service. f. The applicant was honorably retired from active duty on 30 April 1995 for voluntary early retirement. DD Form 214 shows the applicant completed 16-years, 6-months, and 1-day of active service. It also shows in item 18 (Remarks), the applicant was retiring as provided by Public Law 102-484 (National Defense Authorization Act for Fiscal Year 1993) and may qualify for a re-computation of retired pay at age 62. g. The applicant turned age 62 on 18 September 2021. 4. The applicant provides a letter from the City of Human Resources Department dated 1 October 2021, which states the applicant was employed with the Department of Public Works as a Heavy Equipment Operator during the period of 7 August 2011 through 8 November 2016. 5. On 11 May 2022, in the processing of his case, the Office of the Deputy Chief of Staff, G-1, provided an advisory opinion regarding the applicant's request for re- computation of his retirement pay at age 62 under the provision of Public Law 102-484, section 4464. The advisory official did not recommend approval of the applicant's request. Though the law permitted service members who were retired under TERA to receive credit toward their retired pay if they obtained employment with a public service or a recognized community service organization for a period up to the date the member would have attained 20-years of service. However, the applicant retired from the Army under TERA on 30 April 1995 with a total of 16-years, 10-months, and 27-days of active federal service. The applicant's Enhanced Retirement Qualification Period (ERQP) end date was 29 October 1998. The applicant provided employment verification that was outside the applicable ERQP date and therefore does not qualify for re-computation. 6. On 12 May 2022, the Army Review Boards Agency, Case Management Division, provided the applicant a copy of the advisory opinion for review and comment. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board concurred with the conclusion of the advisory official that the evidence does not support re-computation of the applicant’s retired pay at age 62 based on qualifying employment. The qualifying employment would have had to occur between his retirement date and his ERQP date of 29 October 1998, and it did not. Based on a preponderance of the evidence, the Board determined there is no basis for re- computing the applicant’s retired pay under TERA. 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 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. Public Law 102-484 (National Defense Authorization Act for Fiscal Year 1993), provided the Secretary of Defense with a temporary additional force management tool to assist with the drawdown of active military forces. Subsection 4403(f) of the Act directed the use of a subaccount within the officer and enlisted budget activities of the Active Military Personnel appropriation for retirement payments to members participating in the TERA program. 3. Department of Defense Instruction (DODI) 1332.37 (Program to Encourage Public and Community Service Employment), in effect at the time, 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 public and community service employment. Encourage and assist Service members requesting retirement with fewer than 20 years of service to register for public and community service employment. a. Paragraph 4.2, Service members determined to be eligible by the Secretary of their military department for, and who do request retirement with fewer than 20 years of service are required by Public Law 102-484, Section 4403 to register for public and community service employment. This registration normally shall take place not earlier than 90 days before retirement or terminal/transition leave. 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. b. Paragraph 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. c. Paragraph E1.1.4, Public and Community Service Organization. Government or private organizations that provide or coordinate the provision of the following services: * Elementary, secondary, or post-secondary school teaching * Administration * Support of teachers or school administrators * Law enforcement * Public healthcare * 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 d. Retirees were required to document their employment using DD Form 2676 (Validation for 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001681 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1