IN THE CASE OF: BOARD DATE: 17 January 2023 DOCKET NUMBER: AR20220005962 APPLICANT REQUESTS: Recomputation of his retired pay at age 62, under the Temporary Early Retirement Authority (TERA). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 31 March 1996 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b) [10 USC 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, according to his DD Form 214, he may qualify for recomputation of his retired pay at age 62. 3. The applicant's service record shows: a. Service Computation worksheet, covering period 13 January 1975 to 31 March 1996 calculated the applicant's service credit. (1) The applicant enlisted in the Regular Army from 13 January 1975 to 12 January 1979 completing 4 years, 0 Months, and 0 days of active service. (2) The applicant enlisted in the U.S. Army Reserve (USAR) from 13 January 1979 to 17 June 1981 completing 2 years, 5 Months, and 5 days. (3) The applicant enlisted in the Regular Army from 18 June 1981 to 16 December 1982 completing 1 year, 5 Months, and 29 days of active service. (4) The applicant was commissioned as a Reserve Officer from 12 May 1984 to 10 October 1984 totaling 0 years, 4 Months, and 29 days. (5) The applicant was appointed as an Officer in the Regular Army from 11 October 1984 to 31 March 1996 totaling 11 years, 5 Months, and 20 days. (6) Section 1405 Service – 17 years, 1 Month, and 10 days. b. DD Form 214 ending on 31 March 1996, shows the applicant was retired from active duty. (1) Item 12a (Date Entered Active Duty Service) – 22 April 1989. (2) Item 12c (Net Active Service This Period) – 6 years, 11 months, and 9 days. (3) Item 12d (Total Prior Active Service) – 10 years, 0 months, and 10 days. (4) Item 12e (Total Prior Inactive Service) – 2 years, 10 months, and 4 days. (5) Item 18 (Remarks) "Member is retiring as provided by section 4403 of the Fiscal Year 1993 National Defense Authorization Act (Public Law 102-484) and may qualify for a recomputation of retired pay at age of 62. (6) Item 28 (Narrative Reason or Separation) – Voluntary early retirement. c. On 12 October 2000 and in ABCMR Docket Number , the ABCMR granted the applicant's request to adjust his pay entry basic date due to his membership in the simultaneous membership program. d. DA Form 7301-R (Officer Service Computation for Retirement), dated 4 December 2000, calculated the applicant's service credit and superseded the previous computation. (1) Item 7 (Enlisted Service): * 13 January 1975 to 12 January 1979 totaling 4 years, 0 Months, and 0 days active service * 13 January 1979 to 17 June 1981 totaling 2 years, 5 Months, and 5 days inactive service * 18 June 1981 to 16 December 1982 totaling 1 year, 5 Months, and 29 days active service * 26 January 1983 to 11 May 1984 totaling 1 year, 3 Months, and 16 days inactive service * Total active service – 5 years, 5 Months, and 29 days * Total inactive service – 3 years, 8 Months, and 21 days (2) Item 9 (Commissioned Service): * 12 May 1984 to 10 October 1984 totaling 0 years, 4 Months, and 29 days inactive service * 11 October 1984 to 21 April 1989 totaling 4 years, 6 Months, and 11 days active service * 22 April 1989 to 31 March 1996 totaling 6 years, 11 Months, and 9 days active service * Total active service – 11 years, 5 Months, and 20 days * Total inactive service – 0 years, 4 Months, and 29 days (3) Item 14 (Total Service Prior to Current Tour) – 9 years, 7 Months, and 19 days. (4) Item 19 (Plus Active Service Prior to Current Tour) – 5 years, 5 Months, and 29 days. (5) Item 20 (Total Active Service) – 16 years, 11 Months, and 19 days. (6) Item 21 (Plus Inactive Service) – 4 years, 1 Month, and 20 days. (7) Item 22 (Total Service for Basic Pay Purposes) – 21 years, 1 Month, and 9 days. (8) Item 23 (Total Service for Percentage Purposes) – 17 years, 1 Month, and 29 days. e. Orders Number S131-2 issued by the U.S. Total Army Personnel Command, dated 4 December 2000, corrected the applicant's record to show: * The applicant retired with 21 years, 1 month, and 9 days of service for basic pay * The applicant's retired pay increased effective 23 September 1996 with back pay f. On 4 December 2000, a DD Form 215 (Correction to DD Form 214,), for the DD Form 214, ending on 31 March 1996, was issued which added 4 years, 1 Month, and 20 days of prior inactive service. 4. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Officer Division. The advisory official denied the applicant's request and recommended that he provide additional evidence showing his credible Public and Community Service (PACS) Program service. It states in pertinent part: a. Public Law 104-484, Section 4464 permitted service members retired under 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. This period was called the Enhanced Retirement Qualification Period (ERQP). Such retirees received service credit for employment with qualified employers and an adjustment in their retired pay at age 62 as long as they applied for adjusted retirement benefits with the Defense Manpower Data Center (DMDC) not later than August 2008. The Department of Defense (DOD) termed this as the PACS Program and DMDC maintained a registry of all retiree participants and the authorized participating organizations. The DOD implemented policy guidance for PACS participation in Department of Defense Instruction (DODI) 1340.19 (Certification of Public and Community Service Employment of Military Retirees) and DODI 1332.37 (Program to Encourage Public and Community Service (PACS) Employment). DoD policy required PACS applications be submitted by the retired Soldier to DMDC not later than one year from the member's ERQP. b. The applicant did not apply within the specified guidelines and expiration date established by DMDC. The applicant retired from the Army under TERA on 31 March 1996 with 16 years, 11 months and 19 days of active federal service. Based on the required 3 years, 0 months, and 12 days to reach 20 years of service, the applicant's ERQP was calculated as 12 April 1999. c. The applicant did not provide verification of employment of 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. Therefore, we are unable to determine whether the member met the guidelines prescribed in DODI 1332.37 and Title 10, USC, section 1143a(c). 5. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. He did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The Board noted that the statute permitted service members retired under 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. The Board reviewed and agreed with the G-1 advisory official finding that the applicant did not provide verification of employment of 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. Therefore, neither the Army G-1 nor this Board is able to determine whether he met the guidelines prescribed in DODI 1332.37 and Title 10, USC, section 1143a(c). The applicant may resubmit his application for consideration by the Board of he provide evidence of his employment. 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. Title 10, USC, section 1143a(c) provides that the Secretary shall maintain a registry of PACS organizations. The registry shall contain information regarding each organization, including its location, its size, the types of PACS positions in the organization, points of contact, procedures for applying for such positions, and a description of each such position that is likely to be available. 3. National Defense Authorization Act for Fiscal Year 1993, Public Law 102-484, enacted the TERA, which permitted select military members to retire early. Section 4464 allowed eligible members retired under TERA to perform PACS following retirement and receive credit for this service to be used to recompute military retired pay when the retired member attains or would have attained 62 years of age. 4. DODI 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. 5. 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005962 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1